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STANDARD LABOR LAW NG KOREA, stated every contract should not exceed to 1year!

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STANDARD LABOR LAW NG KOREA, stated every contract should not exceed to 1year!

Post by blackbonnet on Fri Oct 07, 2011 8:27 am

Article 9 (Labor Contract)
(1) In case an employer intends to employ the foreign
worker selected pursuant to Article 8 (4), the employer shall
sign a labor contract with the foreign worker by using the
standard labor contract form prescribed by the Ordinance of the
Ministry of Labor. <Amended by Act No. 7829, Dec. 30, 2005>
<Enforcement Date Jul. 1, 2006>
(2) An employer who intends to sign a labor contract pursuant
to paragraph (1) may delegate the Human Resources Development
Service of Korea to conduct the process provided by Act on
Human Resources Development Service of Korea <Newly added
by Act No. 7829, Dec. 30, 2005> <Enforcement Date Jul. 1, 2006>
(3) The term of the labor contract shall not exceed one year:
provided, that the labor contract may be signed or renewed in
accordance with an agreement between the employer and the
foreign worker who received employment permit pursuant to
Article 8 for a period not exceeding as prescribed in Article 18 (1).
(4) The employer and the foreign worker whose term of
labor contract was extended pursuant to Article18-2 may sign a
- 98 -
labor contract for a period not exceeding the extended employment.
(5) Necessary matters including the signing procedure of the
labor contract pursuant to paragraph (1) and its effectuation etc.
shall be determined according to the Presidential Decree. <Newly
added by Act No. 7829, Dec. 30, 2005> <Enforcement Date Jul. 1, 2006>

http://www.moel.go.kr/english/​topic/laborlaw_view.jsp?idx=21​8&tab=Law




http://www.moel.go.kr/english/​topic/laborlaw_view.jsp?idx=21​8&tab=Law
www.moel.go.kr

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Re: STANDARD LABOR LAW NG KOREA, stated every contract should not exceed to 1year!

Post by dericko on Fri Oct 07, 2011 7:06 pm

galin g mo naman malinaw na tuloy ang mgulo kong contrata,...

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Re: STANDARD LABOR LAW NG KOREA, stated every contract should not exceed to 1year!

Post by romrick on Sat Oct 08, 2011 6:40 pm

[quote="blackbonnet"]Article 9 (Labor Contract)
(1) In case an employer intends to employ the foreign
worker selected pursuant to Article 8 (4), the employer shall
sign a labor contract with the foreign worker by using the
standard labor contract form prescribed by the Ordinance of the
Ministry of Labor.

(2) An employer who intends to sign a labor contract pursuant
to paragraph (1) may delegate the Human Resources Development
Service of Korea to conduct the process provided by Act on
Human Resources Development Service of Korea by Act No. 7829, Dec. 30, 2005>
(3) The term of the labor contract shall not exceed one year:
provided, that the labor contract may be signed or renewed in
accordance with an agreement between the employer and the
foreign worker who received employment permit pursuant to
Article 8 for a period not exceeding as prescribed in Article 18 (1).
(4) The employer and the foreign worker whose term of
labor contract was extended pursuant to Article18-2 may sign a
- 98 -
labor contract for a period not exceeding the extended employment.
(5) Necessary matters including the signing procedure of the
labor contract pursuant to paragraph (1) and its effectuation etc.
shall be determined according to the Presidential Decree. added by Act No. 7829, Dec. 30, 2005>

http://www.moel.go.kr/english/​topic/laborlaw_view.jsp?idx=21​8&tab=Law




http://www.moel.go.kr/english/​topic/laborlaw_view.jsp?idx=21​8&tab=Law
www.moel.go.k ibig sabihin ba nyan kabayan yearly talaga yung pirmahan ng contract???

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Re: STANDARD LABOR LAW NG KOREA, stated every contract should not exceed to 1year!

Post by adichos on Sat Oct 08, 2011 7:12 pm

kahit 3 yrs ang kontract at ang acr?aba maganda yan

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Re: STANDARD LABOR LAW NG KOREA, stated every contract should not exceed to 1year!

Post by mavericks00 on Sat Oct 08, 2011 10:02 pm

mga kabayan..luma n po yang batas na yan..nabago na po yan.. e2 po ang bagong batas na nakasaad...

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Re: STANDARD LABOR LAW NG KOREA, stated every contract should not exceed to 1year!

Post by mavericks00 on Sat Oct 08, 2011 10:03 pm

Article 9 (Labor Contract)
(1) An employer who intends to employ a foreign worker
selected pursuant to Article 8 (4) shall enter into a labor
contract using the standard labor contract form prescribed by
the Ordinance of the Ministry of Employment and Labor.

(2) An employer who intends to enter into a labor contract
pursuant to paragraph (1) may have the Human Resources
Development Service of Korea under the Act on the Human
Resources Development Service of Korea carry out the task on
his/her behalf .
(3) An employer who has obtained an employment permit
under Article 8 and the relevant foreign worker may enter
into or renew a labor contract under the mutual agreement within
the period specified in Article 18 (1).
(4) A foreign worker whose employment period is extended
pursuant to Article 18-2 and an employer may enter into a
labor contract containing the term not exceeding the extended
employment period.
(5) Necessary matters concerning the procedure for entering
into a labor contract under paragraph (1), the time such labor
contract takes effect, and so on shall be prescribed by the
Presidential Decree.



http://www.moel.go.kr/english/download_eng.jsp?type=&file=(0)ACTONFOREIGNWORKERS%27EMPLOYMENT,ETC.pdf

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Re: STANDARD LABOR LAW NG KOREA, stated every contract should not exceed to 1year!

Post by mavericks00 on Sat Oct 08, 2011 10:04 pm

Article 18 (Restrictions on Employment Period)
(1) A foreign worker may be employed up to three years
from the date of his/her entry.
(2) A foreigner who departs from Korea after being
employed by an employer who has obtained an employment
permit under Article 8 and then working in Korea shall not be
reemployed under this Act, if six months have not passed since
the date of his/her departure.


http://www.moel.go.kr/english/download_eng.jsp?type=&file=(0)ACTONFOREIGNWORKERS%27EMPLOYMENT,ETC.pdf

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Re: STANDARD LABOR LAW NG KOREA, stated every contract should not exceed to 1year!

Post by mavericks00 on Sat Oct 08, 2011 10:08 pm

kaya kapag 3years ang pinirmahan ung kontrata at 3years din ang nkalagay sa alien card u, 3years kang mamalage jan s company u...as long as walang violation na ginagawa ang company u....kaya imposibleng mklipat ng ibang company after 1year kung walang valid reason...

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Re: STANDARD LABOR LAW NG KOREA, stated every contract should not exceed to 1year!

Post by mavericks00 on Sat Oct 08, 2011 10:15 pm

basahin nyo maigi at intindihin ang article 9 sec.3 at article 18 sec.1 ..... kapag merong mutual agreement between employer at foreign worker na 3years ang kontrata, un ay masusunod..pero nd pwedeng lumagpas ng 3years ang kontrata...

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Re: STANDARD LABOR LAW NG KOREA, stated every contract should not exceed to 1year!

Post by mavericks00 on Sat Oct 08, 2011 10:22 pm

ung batas na tintukoy ni kabayang blackbonnet ay dating batas na yan na matagal ng nabago...sa link pa lng na binigay nya ay wala na...try nyo buksan ung link na binigay ko at kelangan meron kayong adobe reader para mabasa nyo buong detalye ng batas tungkol sa foreign workers employment...

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Re: STANDARD LABOR LAW NG KOREA, stated every contract should not exceed to 1year!

Post by blackbonnet on Sun Oct 09, 2011 4:01 am

ok mavericks00 i agreed.....


PERO KASULYAP YOU STILL HAVE THE CHOICE!


Q) Under what circumstances, can a foreign worker who has arrived in Korea under
the Employment Permit System transfer to another workplace?
Ⅱ. Industrial Labor Regulation 35
A) In principle, a foreign worker should remain in the workplace they first began to
work. However, in the cases where there is a justifiable reason for workplace transfer
(change), the foreign worker is exceptionally allowed to transfer to another
workplace up to three times within the duration of employment permitted upon his/
her first entry (up to three years).
※ When a foreign worker has acquired the second employment permit and has extended the duration,
he/she may transfer to another workplace up to twice within the additional period of time.
In the previous years, every workplace change was counted to add up, whether the
change is attributable to the employer or the foreign worker. But the law revised on
December 10, 2009 provides that, in case “it is established that a foreign worker
cannot continue to work in a particular workplace because of the business suspension
or closing or for a reason not attributable to the worker”, his/her workplace
change shall not be counted. This revised provision is intended to better protect
foreign workers’ human rights.
※ Foreign workers are justified to change workplace, when
• the employer terminates the employment contract before expiry of the contract or refuses to
renew the contract upon its expiry, for a justifiable reason;
• the business is temporarily shut down or closed due to reasons not attributable to the employee,
forcing foreign workers to find new jobs
• the foreign worker’s employment permission is revoked in accordance with Article 19 (1) of the
Act on Foreing Workers’ Employment, etc or the workplace is restricted from employing foreign
workers in accordance with Article 20 (1) of the Act;
• when the working conditions are different from what is stated in the employment contract; or the
employer unfairly treats the worker; or for other reasons that, in light of social norms, justify discontinuance
of the work (effective on December 10, 2009); or
• Any of the justifiable reasons which are prescribed in a Enforcement decree are identified.
* Any person who interferes with foreign workers’ change of workplace or business shall be punished
by imprisonment for up to one year or a fine not exceeding 10 million won.
Q) When a foreign worker resigns from his/her company, does the worker have to
report to the Ministry of Employment and Labor on his retirement/resignation?
A) If any change is made to foreign workers’ employment, including their unauthorized
departure from the workplace, injuries, deaths and renewal of their employ-
Korea International Labor Foundation
36 Labor Management Manual for Foreign Investors 2011
ment contract; the employer is required to report such changes to the competent
Employment and Labor Office under the Ministry of Employment and Labor, no
later than 10 days from the date on which the employer came to recognize such
changes, and to the Immigration Office under the Ministry of Justice no later than
15 days.
※ The changes that must be reported in relation to employment of foreign workers (Article 17 of the
Act on Foreign Workers’ Employment, etc., and Article 23 of the Enforcement Decree of the Act)
• The employment contract with the foreign worker is terminated;
• The foreign worker has died;
• The foreign worker is deemed not suitable to continue to work in the workplace because of his/her
injury, etc.;
• The foreign worker has been absent from work for five days or longer without taking a proper procedure,
such as the employer’s approval, or his/her whereabouts is unknown;
• The foreign worker could threaten the public hygiene because, for example, he/she has contracted
any of the contagious diseases prescribed in subparagraphs 1~4 of Article 2 (1) of the Prevention
of Contagious Diseases Act (cholera, hepatitis B, tuberculosis, AIDS, etc.) or is addicted to narcotic
drugs;
• The permitted employment duration is expired;
• The foreign worker has departed from Korea due to expiry of his/her sojourn period (excluding the
cases of temporary departure);
• The workplace or business has a new employer or a new title; or
• The foreign worker has changed his/her workplace when no change was marked on the side of
his/her employer.

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Re: STANDARD LABOR LAW NG KOREA, stated every contract should not exceed to 1year!

Post by dericko on Sun Oct 09, 2011 10:16 am

wow atleast talaga nakita ko na ang daan pa tungo sa kinabukasan.. salamat sa lahat ng tulogn at pag siskap na makatolong sa amin..


mabuhay kaya....

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Re: STANDARD LABOR LAW NG KOREA, stated every contract should not exceed to 1year!

Post by mavericks00 on Sun Oct 09, 2011 5:59 pm

blackbonnet wrote:ok mavericks00 i agreed.....


PERO KASULYAP YOU STILL HAVE THE CHOICE!


Q) Under what circumstances, can a foreign worker who has arrived in Korea under
the Employment Permit System transfer to another workplace?
Ⅱ. Industrial Labor Regulation 35
A) In principle, a foreign worker should remain in the workplace they first began to
work. However, in the cases where there is a justifiable reason for workplace transfer
(change), the foreign worker is exceptionally allowed to transfer to another
workplace up to three times within the duration of employment permitted upon his/
her first entry (up to three years).
※ When a foreign worker has acquired the second employment permit and has extended the duration,
he/she may transfer to another workplace up to twice within the additional period of time.
In the previous years, every workplace change was counted to add up, whether the
change is attributable to the employer or the foreign worker. But the law revised on
December 10, 2009 provides that, in case “it is established that a foreign worker
cannot continue to work in a particular workplace because of the business suspension
or closing or for a reason not attributable to the worker”, his/her workplace
change shall not be counted. This revised provision is intended to better protect
foreign workers’ human rights.
※ Foreign workers are justified to change workplace, when
• the employer terminates the employment contract before expiry of the contract or refuses to
renew the contract upon its expiry, for a justifiable reason;
• the business is temporarily shut down or closed due to reasons not attributable to the employee,
forcing foreign workers to find new jobs
• the foreign worker’s employment permission is revoked in accordance with Article 19 (1) of the
Act on Foreing Workers’ Employment, etc or the workplace is restricted from employing foreign
workers in accordance with Article 20 (1) of the Act;
• when the working conditions are different from what is stated in the employment contract; or the
employer unfairly treats the worker; or for other reasons that, in light of social norms, justify discontinuance
of the work (effective on December 10, 2009); or
• Any of the justifiable reasons which are prescribed in a Enforcement decree are identified.
* Any person who interferes with foreign workers’ change of workplace or business shall be punished
by imprisonment for up to one year or a fine not exceeding 10 million won.
Q) When a foreign worker resigns from his/her company, does the worker have to
report to the Ministry of Employment and Labor on his retirement/resignation?
A) If any change is made to foreign workers’ employment, including their unauthorized
departure from the workplace, injuries, deaths and renewal of their employ-
Korea International Labor Foundation
36 Labor Management Manual for Foreign Investors 2011
ment contract; the employer is required to report such changes to the competent
Employment and Labor Office under the Ministry of Employment and Labor, no
later than 10 days from the date on which the employer came to recognize such
changes, and to the Immigration Office under the Ministry of Justice no later than
15 days.
※ The changes that must be reported in relation to employment of foreign workers (Article 17 of the
Act on Foreign Workers’ Employment, etc., and Article 23 of the Enforcement Decree of the Act)
• The employment contract with the foreign worker is terminated;
• The foreign worker has died;
• The foreign worker is deemed not suitable to continue to work in the workplace because of his/her
injury, etc.;
• The foreign worker has been absent from work for five days or longer without taking a proper procedure,
such as the employer’s approval, or his/her whereabouts is unknown;
• The foreign worker could threaten the public hygiene because, for example, he/she has contracted
any of the contagious diseases prescribed in subparagraphs 1~4 of Article 2 (1) of the Prevention
of Contagious Diseases Act (cholera, hepatitis B, tuberculosis, AIDS, etc.) or is addicted to narcotic
drugs;
• The permitted employment duration is expired;
• The foreign worker has departed from Korea due to expiry of his/her sojourn period (excluding the
cases of temporary departure);
• The workplace or business has a new employer or a new title; or
• The foreign worker has changed his/her workplace when no change was marked on the side of
his/her employer.



i agree din po ako sa mga reasons na sinabi nyo sa causes for release...kaya sa mga 3years ang kontrata na pinirmahan, nd po valid reason na nakatapos ka ng 1year pra lng mairelease, unless there is such a valid grounds as stated above (Industrial Regulations 35).

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Re: STANDARD LABOR LAW NG KOREA, stated every contract should not exceed to 1year!

Post by djmario8519 on Mon Mar 25, 2013 11:22 pm

tanung ko lng poh panu poh b ung process ng 1yr 10mons extension kasi sabi ng amo nmin sapilipinas poh namin renew ung visa namin

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Re: STANDARD LABOR LAW NG KOREA, stated every contract should not exceed to 1year!

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