Non-Professional (E-9)

Non-Professional (E-9)
WHAT IS EMPLOYMENT PERMISSION POLICY?	What is the Employment Permission Policy? It is a labor policy which allows an employer to hire a foreigner, and which gives the employee for up to 4 years and 10 months for the period of stay. Since August 2004, the policy has been under implementation via MOU with 15 different countries - Small businesses which have 8 billion KRW or less amount of capital or less than 300 full-time employees(based on employment insurance) are allowed to hire foreigners. Selected Countries (15 states)   Thailand, Philippine, Sri Lanka, Vietnam, Indonesia, Mongol, Pakistan, Uzbekistan, Cambodia, China, Bangladesh, Nepal, Myanmar, Kirgizstan, East Timor
ACTIVITIES ALLOWED	Domestic employment of foreign workers in accordance with the Act on Foreign Workers Employment
ELIGIBLE APPLICANT	A person meeting the employment qualifications specified in the Foreign Workers Employment Act
MAXIMUM LENGTH OF STAY	3 years
PARTICIPATION IN ACTIVITIES OUTSIDE OF YOUR STATUS OF STAY	You are not eligible for 'Participation in Activities outside of your status of stay'
CHANGE OR ADDITION OF WORKPLACE                   󰁾 CONTENTS CHANGE OR ADDITION OF WORKPLACE                                                                             󰁾 CONTENTS CHANGE OR ADDITION OF WORKPLACE                                                                             󰁾 CONTENTS CHANGE OR ADDITION OF WORKPLACE	In accordance with Article 21 of the Immigration Act and Article 25 of Foreign Employment Law, The admitter for Change of Workplace of non-professional employees is the Minister of Justice. A. Restriction on Change of Workplace In principle, non-professional employees have to maintain working status in the first workplace permitted. - As an exception, you are able to apply for Change of Workplace if it is impossible to continue to work normally at the workplace due to a business suspension/closure. B. Limit on number of change You can apply for Change of Workplace up to 3 times within 3 years from the date of entry and up to 2 times during your extended period of sojourn for re-employment procedure. - However, if the workplace has changed due to business suspension/closure which is not employee's fault, the number of changes would not count. ※ After making an employment contract, if the workplace has changed at your employer's fault before you begin to work, the number of changes would not count either. Special cases for limit on number of change of construction workplace - If a foreign employee moves in the same site between different contractors when the former construction work is done, the number of changes would not count with an approval of the prime contractor. - Also, a placement of employee is not regulated if it is implemented within the range of the authorized number of workers. C. The reasons for Change of Workplace The reasons must be included in the Article 25 and 30 of Foreign Employment Law. When an employer wants to terminate the employment contract in during the contracted period for a reasonable cause* or wants to refuse renewal of contract after the contract expires; * Reasonable causes include layoff at employee's fault, completion of an employment contract, cancellation of a contract and etc. When it is impossible to keep working due to business suspension/closure and other reasons that are not employee's fault; When an employment permission is canceled or certain restrictions is imposed on the employment; When it deems difficult, compared to general social norms, to maintain the working status due to reasons of incompatibility of actual working condition with the contract or unfair treatments from the employer and etc.; or When an employee is unable to continue working due to his/her injury or other reasons, but is recognised to have the ability to work at other workplaces. D. Procedures for Change of Workplace You are required to apply for Change of Workplace (to the Employment Center, Ministry of Employment and Labor) within 1 month from the date of employment contract termination and obtain permission (from a local Immigration Office) for Change of Workplace within 3 months from the date you filed the application. If it is impossible to apply for or to receive permission for Change of Workplace due to reasons of disasters, diseases, pregnancy and childbirth and etc, the deadline will be delayed in line with the period of excuse. - In this cases, you have to apply for Extension of Stay to a local Immigration Office before your authorized period of stay expires with a Confirmation of Extension of Applying period of Change of Workplace issued from the head of an Employment Security Office, documentary evidence for industrial accident, a medical report and others. - No fee for Extension of Stay - When the reason for the extension of stay has been solved and then obtained permission for Change of Workplace from an Employment Security Office during the extended period, you are still required to receive permission for Change of Workplace from a local Immigration Office with jurisdiction prior to the beginning of the work. - You can extend your period of sojourn up to 3 years from the date of entry and if you are re-employed at the end of the final expiry date(3 years from the date of entry), you may apply for the extension of your period of sojourn up to 4 years and 10 months from the date of entry. E. Required Documents ① an application form(Report Form, No.34), passport and Alien Registration Card, fee ② a copy of employment permission ③ a copy of standard labor contract ④ a reference letter ⑤ Documentary evidence of workplace such as a ‘business license’ ⑥ In the case of a construction company, “Present condition of foreign labor for a construction site” written by a prime contractor (refer to【Appendix 3】「Foreigner employment management guideline」 Ministry of Employment and Labor) 2. Addition of Workplace for foreign workers in agriculture sector As a foreign worker in a certain part of agriculture sector that has significant seasonal differences in workload, after working for a certain period of time through an employment contract with other employers maintaining the former employment contract(as unpaid leave), you can return to the former workplace when the latter employment contract expires. A. Application procedure Eligible applicants: A person who is working in crop cultivation with a Non-professional Employment (E-9-3) visa (National AgriculturalCooperative Federation can act as a proxy) How to apply: Visit a local Immigration Office with jurisdiction over the former workplace and apply (National Agricultural Cooperative Federation can act as a proxy) B. Employer's duty to report(agriculture sector) Employer's duty to report in Article 19 of the Immigration Control Law applies to both the former and the latter employers. - The former employer is exempt from the duty to report if his/her employee returns through the normal process. The latter employer has to report any dismissal, desertion and resignation prior to the completion of the contract. - It has to be reported to two Immigration Offices if the latter workplace falls beyond the jurisdiction of the local office of the former's. The former employer has to report if an employee returned in the middle of the period of contract or he/she doesn't return until the contract expires. C. Required Documents ① an application form(Report Form, No.34), passport and Alien Registration Card, fee ② a copy of employment permission from the latter employer ③ a copy of standard labor contract from the latter employer ④ a certificate of farm size and business license or a copy of certificate of Proper Number (a copy of resident registration is replaceable.) ⑤ Foreign worker(the applicant)'s power of attorney (for a representative)
GRANT OF STATUS	You are not eligible to apply for 'Grant of Status'.
CHANGE OF STATUS	1. Restoration procedure for a Miscellaneous(G-1) visa holder to Non-professional Employment(E-9) A. Eligible applicants A foreign worker who entered the ROK with a Non-professional Employment(E-9) visa and then changed to a Miscellaneous(G-1) for a recovery from an industrial accident and others and now has valid period of sojourn. ※ The maximum length of stay (from the date of entry) : 3 years for a Non-professional Employment(E-9), additional 1 year and 10 months for a person who was re-employed
EXTENSION OF STAY                               󰁾 CONTENTS EXTENSION OF STAY	1. Required Documents ① an application form(Report Form, No.34), passport and Alien Registration Card, fee ② a copy of employment permission ③ a copy of standard labor contract ④ a copy of business registration certificate ⑤ a reference letter ⑥ 'Confirmation of Extension of employment period for an employee of expired contract (issued by the Ministry of Employment and Labor)' ⑦ Acceptable documents for proof of residency (i.e. Lease contract, confirmation of provided residence, a mail giving the notice of the expiry date of your period of sojourn, a utility bill payment for any public services, receipt of university housing fee and others.) 2. Extension of Stay for a Non-professional Employment(E-9) visa holder A. Eligible applicants   A Non-professional Employment(E-9) visa holder who was re-employed and issued with the 'Confirmation of Extension of employment period for an employee of expired contract'【Appendix 2】in accordance with enforcement regulations for foreign workers employment.(as of Dec. 10, 2009) 3. Special cases for job applicants A. Eligible applicants A job applicant whose period of sojourn expires before the deadline for the period of job registration, who has at-least-4-month of valid period of stay and whose number of times to change workplace remains. B. Period Allowed : Within 90 days from the date of employment registration certificate issuance C. Required Documents ① an application form(Report Form, No.34), passport and Alien Registration Card, No fee ② a pledge of voluntary exit ③ an employment registration certificate ④ Acceptable documents for proof of residency (i.e. Lease contract, confirmation of provided residence, a mail giving the notice of the expiry date of your period of sojourn, a utility bill payment for any public services, receipt of university housing fee and others.)
RE-ENTRY PERMIT	1. Implementation of Re-entry Permit Exemption (as of Dec. 1, 2010 revision of enforcement regulations) - If you are registered and plan to return to the ROK within 1 year from the departure date, you are exempt from Re-entry Permit - If your period of sojourn remains less than 1 year, you are exempt from Re-entry Permit for the remaining days. - If you are required to obtain the permission due to the entry restrictions, you can apply for the permission from a local Immigration Office/Branch Office without fee. 2. Required Documents an application form(Report Form, No.34), passport, Alien Registration Card, fee (single 30,000 KRW, double 50,000 KRW)
ALIEN REGISTRATION                       󰁾 CONTENTS ALIEN REGISTRATION	1. Required Documents for Registration ① an application form(Report Form, No.34), passport, one standardized photo, fee ② a copy of business license ③ When the Ministry of Employment and Labor has changed your workplace while a foreign employee is training (or before Alien Registration) because it is impossible to initiate an employment relation due to business suspension/closure and others that are not employee's fault, he/she has to register with the workplace changed(not Change of Workplace). ☞ Additional documents : a copy of employment permission, a copy of standard labor contract ④ “*Drug **Test Results” issued by a hospital designated by the Ministry of Justice * Drug refers to "narcotics, etc" (narcotics, psychotropic drugs, marijuana) as defined in Article 2(1) of the "Act on the Control of Narcotics, Etc." ** The test results must have been issued within 3 months from the time(hour) of registration ※ Health check-up results and Drug Test results must be sealed when submitted. (Applicants are NOT allowed to open the envelopes before submissions.)
EMPLOYMENT CHANGES REPORTING                                                               󰁾 CONTENTS EMPLOYMENT CHANGES REPORTING       󰁾 CONTENTS	1. Employment Changes Reporting A. A person in notification duty An employer who has hired a foreign employee of Non-professional Employment(E-9) visa B. Reporting Period An employer has to report to a local Immigration Office with jurisdiction over his/her residence within 15 days from date of occurrence in accordance with Article 19(1) (notification duty of an employer of foreign employees) of Law, and Article 24(2) (reporting of an employer of foreign employees) of enforcement ordinances. C. How to Report Visit and Report Visit a local office in person Fax (1577-1346) and E-Application (www.hikorea.go.kr) ‣Regardless of a local office (automatically sorted on system) ‣Available only in Reporting Period (within 15 days of occurrence) ‣Employment Changes Reporting to Ministry of Employment and Labor is included in E-Application (www.hikorea.go.kr) (as of Oct. 17, 2011) D. Reasons for Reporting When a foreigner resigned or were dismissed before the term of contract ends - Not when a foreigner resigned after completing the contract When a foreigner died When a foreigner is missing When an important part of employment contract has changed - when the period of employment is changed - when an employer or a president of the working place is changed (excepting a national organization, a local government, an educational institution, and a change of president in the same board of directors) - when a name of workplace is changed - when a workplace is relocated E. Required Documents ① A notification for changes in foreign employees(trainees) form(Report form, No.32), a copy of Alien Registration Card (For the report of whereabouts unknown, you must include the alien's cell phone number, expected place of stay and others.) ② a copy of business license ③ an employer's ID(if he/she is visiting to the Immigration Office) ④ If an employee is visiting : an employer's power of attorney, a certificate of employment, an employee's ID