The process of hiring foreign workers is highly organized, following procedures and regulations set by the Korean government. This process is aimed at balancing the supply and demand of labor in Korea and protecting the rights and interests of foreign workers.
In order to comply, employers and foreign workers must thoroughly fulfill certain procedures, which are divided into three main parts: the employer’s preliminary preparation, the foreign worker’s qualification, and the signing of a labor contract between the two parties and preparation for entry.
1. Priority Hiring Efforts for Koreans
Before hiring a foreign worker, Korean employers must first make every effort to hire a domestic worker, which is part of the Korean government’s policy to protect domestic jobs.
Specifically, employers must make an effort to hire Korean workers during a specified recruitment period, and only if they are unsuccessful in hiring Korean workers during this period can they move on to hiring foreign workers.
This process requires proof of recruitment failure, and to obtain this proof, the employer must apply for an employment permit from the local employment and labor office.
2. Foreign Employment Permit Process
If an employer wishes to hire a foreign worker, they must submit an application for a foreign employment permit to the competent local employment and labor office.
The employer has three months to comply with the timing of the application according to the assignment announcement, and the competent employment center will recommend eligible candidates within three times the number of employment permits available.
From these eligible candidates, the employer makes the final selection of workers and receives an employment permit.
Once the employment permit is issued, a detailed hiring process is followed through the Korea Industrial Manpower Corporation, leading to the signing of a labor contract with the foreign worker.
The entire process is transparent, and employers are required to comply with the labor standards laws set forth in Korean law when hiring foreign workers. Foreign workers are likewise required to work to legal standards to protect workers in Korea.
3. Eligibility requirements for foreign workers
Foreign workers must meet certain eligibility requirements to legally work in Korea. Korea uses a point system to evaluate foreign workers’ qualifications, which includes Korean language proficiency, job suitability, and skill level.
Foreign workers must first pass a Korean language proficiency test, followed by a job competency assessment and a skill level assessment. Only those who pass these processes are eligible to work in Korea.
4. Medical examination and registration on the job list
After passing the Korean language proficiency test and skill assessment, foreign workers must undergo a medical examination at a designated institution, and only if the results of the medical examination are good will they be registered on the job list.
The job seeker list is submitted to the Korea Employment Service, which makes the final determination of whether the worker is eligible for foreign employment.
Foreign workers who are found eligible will be recommended to employers, who will select workers based on the recommended list.
5. Issue labor contracts and work visas
Once a labor contract is signed with the foreign worker selected by the employer, the foreign worker will attend a pre-employment training center in their home country to receive the basic training necessary to work in Korea.
After receiving basic training on living and working conditions in Korea, the worker applies for a work visa through the overseas consulate of their home country. This visa is issued based on the labor contract and related documents.
6. Immigration Preparation and Procedures
Once the visa is issued, the foreign worker must prepare for entry into Korea according to the instructions of the sending organization and complete all documents and preparations at least 7 days before entry.
The date of entry and the list of workers will be notified to the employer 10 days in advance, based on which the employer will prepare for the entry of foreign workers.
When foreign workers enter the country through Incheon International Airport, they will receive 16 hours of employment training and a medical examination at a designated Korean employment training center.
If the foreign worker fails the medical examination, they may be repatriated to their home country. Workers who pass both the employment training and medical examination are finally placed at the contracted workplace and start working.
7. Aftercare and support
Even after a foreign worker has started working in Korea, the employer is still obligated to comply with their working conditions and legal rights. In particular, matters related to wage payment, working hours, and housing support for foreign workers must be strictly managed in accordance with Korean labor laws.
Foreign workers can seek help from the Korea Employment Service or local employment and labor offices for any issues that may arise during their employment. This ensures that the working conditions of foreign workers are improved and their human rights are protected on an ongoing basis.
As you can see, the process for hiring foreign workers is very detailed and step-by-step, and it is only possible to have a smooth employment if both the employer and the worker thoroughly fulfill their respective responsibilities.