Non-Professional(E-9)
| What is the Employment Permit System? | The Employment Permit System is a labor system based on the Act on the Employment, etc. of Foreign Workers, which permits employers to hire foreign workers and allows foreign workers to be employed by the designated employer for up to 4 years and 10 months. Since the implementation of the system in August 2004, MOUs have been signed with 16 countries and the system is currently in operation.
* Permission is granted for small and medium-sized enterprises with fewer than 300 regular workers (based on employment insurance) or with capital of 8 billion KRW or less to employ foreign workers. Countries under the Employment Permit System (17 countries) Thailand, Philippines, Sri Lanka, Vietnam, Indonesia, Mongolia, Pakistan, Uzbekistan, Cambodia, China, Bangladesh, Nepal, Myanmar, Kyrgyzstan, East Timor, Laos, Tajikistan |
| Scope of Activities | Employment in Korea in accordance with the provisions of the Act on the Employment of Foreign Workers |
| Eligible Persons | Persons who meet the domestic employment requirements under the Act on the Employment of Foreign Workers |
| Maximum Period of Stay Grantable at One Time | 3 years |
| Activities Beyond the Authorized Status | Restriction on activities beyond the authorized status |
| Change or Addition of Workplace | Under Article 21 of the Immigration Control Act and Article 25 of the Act on the Employment of Foreign Workers, the authority to approve workplace changes for non-professional employment workers rests with the Minister of Justice.
A. Restrictions on Workplace Changes (Transfers) Non-professional employment workers must, in principle, continue working at the business where they received their initial employment permit. * However, as an exception, if the business or workplace is temporarily closed or permanently shut down, or if it becomes difficult to maintain a normal employment relationship, application for change to another business or workplace is possible. B. Limit on Number of Changes Workplace changes for non-professional employment workers are generally limited to 3 times within the 3-year employment period from the date of entry, and 2 times during periods extended under re-employment procedures. * However, changes due to closure, suspension, or other reasons not attributable to the foreign worker are not counted. ※ If the workplace was changed once due to the employer’s fault before placement at the initial workplace after contract signing and entry, and this change was already counted in the 3 allowed changes, one additional change is permitted. Special Provision for Construction Industry * For “movement of foreign workers between companies within the same primary contractor site,” if construction by the employed company is completed and approval is obtained from the responsible construction company (primary contractor), this change is not counted toward the workplace change limit. * Even for internal site transfers not counted toward the change limit, flexibility is allowed in assigning workers within the total allowable workforce for the construction site. C. Determination of Reasons for Workplace Change Foreign workers may change workplaces only if the reasons fall under those specified in Article 25 of the *Act on the Employment of Foreign Workers* and Article 30 of its Enforcement Decree: * When the employer intends to terminate the employment contract during the contract period or refuses renewal after expiration for a legitimate reason * Legitimate reasons include termination due to the worker’s fault, contract expiration, or other lawful contract termination * If due to suspension, closure, or other reasons not attributable to the foreign worker, continued employment at the current workplace becomes impossible * If the employment permit is canceled or employment restricted * If the workplace’s working conditions differ from contractual terms, or if the employer’s unfair treatment makes it socially unreasonable to maintain the contract * If the foreign worker is deemed unfit to continue at the current workplace due to injury, etc., but can work at another workplace D. Procedure for Workplace Change * Application must be submitted within 1 month after termination of the employment contract (Employment Center of Ministry of Employment and Labor). * Workplace change approval must be obtained from the competent immigration/foreigner office within 3 months from the application date. * If unable to apply due to work-related injury, illness, pregnancy, childbirth, etc., the period is calculated from the resolution of the reason. * Applicants must submit proof documents (industrial accident certificate, medical certificate, etc.) with the *Confirmation of Extension of Workplace Change Application Period issued by the employment agency to the immigration/foreigner office. * Extension fees are waived. * If the reason is resolved during the extended period and approval for workplace change is received, work must commence only after approval from the immigration/foreigner office. * The maximum stay period for extension is 3 years from the initial entry date, and up to 4 years and 10 months if extended under re-employment procedures. E. Required Documents ① Application form (Form No. 34), passport and foreigner registration card, fee ② Copy of Employment Permit ③ Copy of Standard Labor Contract ④ Business-related supporting documents (e.g., Business Registration Certificate) ⑤ For construction companies : “Foreign Workforce Status Table for Construction Site” prepared by the responsible construction company (primary contractor) (refer to Ministry of Employment and Labor Guidelines for Employment Management of Foreign Workers) 2. Additional Workplace System for Foreign Workers in Agriculture This system allows foreign workers in certain agricultural sectors with seasonal workload fluctuations to maintain their contract with the original employer (treated as unpaid leave), work for another employer for a specific period, and then return to the original workplace once the contract period expires. A. Application Procedure * Eligibility : Non-professional employment workers (E-9-3) working in crop cultivation (seasonal agriculture) (can be handled by the agricultural cooperative) * Method : Submit application at the immigration/foreigner office under the jurisdiction of the original workplace (agricultural cooperative may act as proxy) B. Employer Reporting Obligations (Agriculture) * Under Article 19 of the *Immigration Control Act, reporting obligations apply to both the original employer and the additional workplace employer. * However, reporting to the original employer is exempt if the worker returns following normal procedures. * If dismissal, desertion, or resignation occurs between the start of additional work and return, the additional workplace employer must report. * Reports must be submitted to the immigration/foreigner office of the original workplace; if the additional workplace falls under another jurisdiction, both offices must be notified. * If the worker returns early or fails to return after the contract period, the original employer must report. C. Required Documents ① Application form (Form No. 34), passport and foreigner registration card, fee ② Copy of Employment Permit of the additional workplace ③ Copy of Standard Labor Contract of the additional workplace ④ Proof of farm size and Business Registration Certificate or Unique Number Certificate (if unavailable, a resident registration certificate) ⑤ Power of Attorney from the foreign worker (applicant) if represented by proxy |
| Granting of Status of Stay | Not applicable |
| Permission for Change of Status of Stay | 1. Procedure for Restoring Non-Professional Employment (E-9) Status for Holders of Other (G-1) Status
A. Eligible Persons Foreign workers who entered under the Employment Permit System or similar and changed to Other (G-1) status for purposes such as industrial accident treatment, and who are currently staying in Korea, provided their maximum period of stay has not yet been reached. ※ Maximum period of stay (calculated from the date of entry): Non-professional employment (E-9) – 3 years; however, for those whose E-9 stay of 3 years has expired and are re-employed by the employer, the stay period is within 1 year and 10 months. |
| Permission for Extension of Stay Period | 1. Required Documents
① Application form (Form No. 34), passport and foreigner registration card, fee ② Copy of Employment Permit ③ Copy of Standard Labor Contract ④ Copy of Business Registration Certificate ⑤ In the case of a maximum additional extension of 1 year 10 months due to re-employment after 3 years from entry, Certificate of Extension of Employment Activity Period for Expired Employment Period (issued by the Ministry of Employment and Labor) ⑥ Proof of residence (lease contract, confirmation of accommodation provision, notice of impending stay expiration, utility payment receipts, dormitory payment receipts, etc.) 2. Extension of Stay for Non-Professional Workers with Extended Employment Activity Period A. Applicable Persons Non-professional workers who, after December 10, 2009, have had re-employment requested by the employer under the Enforcement Rules of the Act on the Employment of Foreign Workers and have received the Certificate of Extension of Employment Activity Period for Expired Employment Period. 3. Special Case for Job Seekers A. Eligible Persons Those whose stay expires before the validity period of job seeker registration (3 months from the job application date) and who still have remaining workplace change opportunities. B. Period of Permission Within 90 days from the issuance date of the job seeker registration certificate. C. Required Documents ① Application form (Form No. 34), passport and foreigner registration card, fee exempt ② Voluntary Departure Pledge ③ Job Seeker Registration Certificate ④ Proof of residence (lease contract, confirmation of accommodation provision, notice of impending stay expiration, utility payment receipts, dormitory payment receipts, etc.) Note : The residence must be indicated on the civil service application form. If it is difficult to submit proof of residence, it may be omitted. However, if false information is provided regarding the residence, penalties may be imposed under the Immigration Control Act. |
| Re-entry Permit | 1. Implementation of Re-entry Permit Exemption System (Revised Enforcement Rules effective December 1, 2010)
* Foreigners who have completed registration and wish to re-enter within 1 year from the date of departure are exempt from the re-entry permit. * If less than 1 year remains in the period of stay, exemption applies within the remaining period of stay. ※ However, those subject to entry restrictions or visa issuance restrictions must visit the immigration office/foreigner office with jurisdiction over their residence to obtain a re-entry permit and pay the applicable fee. 2. Required Documents Application form (Form No. 34), passport, foreigner registration card, fee (single entry: 30,000 KRW; multiple entry: 50,000 KRW) |
| Foreigner Registration | 1. Required Documents for Foreigner Registration
① Application form (Form No. 34), original passport, one standard-sized photo, fee of 30,000 KRW ② Copy of Business Registration Certificate ③ In cases where the foreign worker is in training (or before foreigner registration) and cannot commence employment due to closure, suspension, or reasons not attributable to the foreigner, and the Ministry of Employment and Labor permits a workplace change, foreigner registration is done at the changed workplace, not as a workplace change permit. ☞ Additional documents : Copy of Employment Permit, Copy of Standard Labor Contract ④ Drug Test Certificate issued by a medical institution designated by the Ministry of Justice * Refers to “narcotics (narcotics, psychotropic drugs, and marijuana)” as defined in Article 2(1) of the Narcotics Control Act, and must be issued within 3 months prior to registration. ※ Health certificate and drug test certificate must be submitted sealed in an envelope (must not be opened) ⑤ Proof of residence |
| Report of Employment Changes | 1. Reporting Employment Changes
A. Reporting Obligors Employers of non-professional employment (E-9) foreign workers B. Reporting Deadline Report to the immigration/foreigner office with jurisdiction over the address within 15 days from the date of becoming aware of the occurrence of facts as stipulated in Article 19(1) of the Act (Obligation to report for those employing foreigners) and Article 24(2) of the Enforcement Decree of the Act (Reporting by those employing foreigners). C. Reporting Method * In-person reporting * Fax reporting (1577-1346) and HiKorea electronic civil service ([www.hikorea.go.kr](http://www.hikorea.go.kr)) Direct reporting at the immigration/foreigner office (branch/field office) with jurisdiction over the residence ‣ Reporting is possible regardless of the jurisdictional office (automatically distinguished by the system) ‣ Only processed if within the reporting period (15 days from the date of awareness of the reason) ‣ HiKorea electronic civil service ([www.hikorea.go.kr](http://www.hikorea.go.kr)) has been integrated with Ministry of Employment and Labor employment change reporting since October 17, 2011 D. Reasons for Reporting and Actions * When a foreign worker is dismissed or resigns mid-term * Resignation due to contract expiration does not require reporting * When a foreign worker dies * When the location of the employed foreign worker becomes unknown * When important terms of the employment contract are changed * When the employment contract period is changed * When the employer or representative changes (changes of representatives in government agencies, local governments, educational institutions, or corporations are excluded) * Change in the name of the workplace * When the workplace is relocated and its address changes E. Required Documents ① Report of Changes in Employment/Training of Foreigners (Form No. 32), copy of foreigner registration card (if reporting unknown whereabouts, must include the worker’s mobile number and expected location) ② Copy of Business Registration Certificate ③ Employer ID (if reporting directly by the employer) ④ If a company staff member applies on behalf of the employer: Power of Attorney from the employer, Certificate of Employment, Staff ID |
