Amendment of the Act on Employment of Foreign Workers, etc Q & A October 2009 etc was passed at the National Assembly on September 16 was promulgated on October 9.Bill for the amendment of the Act on Employment of Foreign Workers,th 2009 andth 2009. after the date of promulgation. However, provisions on the reemployment(Article 18-2) and the changing of workplace (Article 25) shall enter into force on Dec. 10. The Amended Act is to enter into force on April 10th, 2010, six monthsth, 2009. to Q&As contained hereinafter are focused on certain areas. Please refer http://www.eps.go.kr/ for the comprehensive contents of the amended Act.
Foreign Workforce Policy Division/ Ministry of Labor
ENFORCEMENT DATE OF THE AMENDED ACT
Addenda
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation. However, revised provisions of Article 18-2 and Article 25 shall enter into force two months after the promulgation.
Article 3 (Application of Special Cases for the Restriction on Employment Period)
The revised provision of Article 18-2 shall apply from when the employer applies for the reemployment of the foreign worker who has been employed under the previous provision of Article 18 (1) at the time of entry into force of this Act and his/her expiration of three year employment period draws after the entry of force of this Act.
Article 5 (Transitional Measure for Labor Contract Period)
In case the employer who had signed a labor contract pursuant to the previous
Article 9 (3)
at the time of entry into force of this Act signs or renews the contract pursuant to the revised Article 9 (3) after the entry into force of this Act, he/she can sign or renew a contract for a period in which the total labor contract term pursuant to the previous Article 9 (3) is subtracted from three years.
Article 6 (Transitional Measure for Fine and Fine for Negligence)
The previous provisions for fines and fines for negligence shall apply to actions subject to fines and fines for negligence that took place before the entry into force of this Act. Enforcement Date of the Amended Act - Amended Act is to enter into force from after the promulgation). However, provisions on the April 10th 2010 (six months reemployment (Article 18-2) and the changing of workplace .
Application of the provision on the reemployment
- The provision on the reemployment to be applied for foreign workers who are being legally employed as of Dec. 10 expiration of three-year employment period draws after Dec. 10 that his/her employer submitted a reemployment application.
- The provision is to be applied to after Dec. 10 (Article 25) are to enter into force from Dec.th, 2009 (two months after the promulgation
For more: eps.go.kr
Foreign Workforce Policy Division/ Ministry of Labor
ENFORCEMENT DATE OF THE AMENDED ACT
Addenda
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation. However, revised provisions of Article 18-2 and Article 25 shall enter into force two months after the promulgation.
Article 3 (Application of Special Cases for the Restriction on Employment Period)
The revised provision of Article 18-2 shall apply from when the employer applies for the reemployment of the foreign worker who has been employed under the previous provision of Article 18 (1) at the time of entry into force of this Act and his/her expiration of three year employment period draws after the entry of force of this Act.
Article 5 (Transitional Measure for Labor Contract Period)
In case the employer who had signed a labor contract pursuant to the previous
Article 9 (3)
at the time of entry into force of this Act signs or renews the contract pursuant to the revised Article 9 (3) after the entry into force of this Act, he/she can sign or renew a contract for a period in which the total labor contract term pursuant to the previous Article 9 (3) is subtracted from three years.
Article 6 (Transitional Measure for Fine and Fine for Negligence)
The previous provisions for fines and fines for negligence shall apply to actions subject to fines and fines for negligence that took place before the entry into force of this Act. Enforcement Date of the Amended Act - Amended Act is to enter into force from after the promulgation). However, provisions on the April 10th 2010 (six months reemployment (Article 18-2) and the changing of workplace .
Application of the provision on the reemployment
- The provision on the reemployment to be applied for foreign workers who are being legally employed as of Dec. 10 expiration of three-year employment period draws after Dec. 10 that his/her employer submitted a reemployment application.
- The provision is to be applied to after Dec. 10 (Article 25) are to enter into force from Dec.th, 2009 (two months after the promulgation
For more: eps.go.kr
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