Compliance with Labor Relations Laws
- Wages must be paid directly to the worker in full, at least once a month on a fixed date.
- Employers may not retain passports or alien registration cards.
- Foreign workers are entitled to the same legal protections as domestic workers in cases of wage arrears, assault, or unfair dismissal. Employers must ensure thorough labor management to prevent any legal violations.
- Dormitories where foreign workers reside must comply with dormitory regulations under the Labor Standards Act. In addition, efforts must be made to provide heating, hot water, fire safety facilities, and toilets.
If dormitory expenses are deducted from wages, this must be clearly stated in the standard employment contract, and the specific deduction amount must be agreed upon separately with the foreign worker.
Prevention of Workplace Sexual Harassment
- Workplace sexual harassment is defined as any sexual language or behavior by an employer, supervisor, or worker that causes sexual humiliation or disgust to another worker by using their position or in connection with work, or any disadvantage in employment for refusing such conduct or requests.
- Employers are required to conduct mandatory workplace sexual harassment prevention training once a year. Workplaces with fewer than 30 employees are eligible for free instructors (Free instructor inquiry: 1644-3119).
- Employers, supervisors, or workers must not engage in workplace sexual harassment (Violation: fine of up to 10 million KRW).
Compliance with the Occupational Safety and Health Act
- Employers must maintain and promote the safety and health of workers and comply with national industrial accident prevention policies.
- Employers must adhere to legally mandated standards for industrial accident prevention, including education and safety facilities.
- Employers must create a comfortable work environment that reduces workers' physical fatigue and mental stress, and improve working conditions.
- Employers must provide workers with information on workplace safety and health.
Guidance and Inspection of Foreign Worker Employment Sites
- Regional Employment and Labor Offices' Labor Improvement Guidance Divisions and Employment Centers conduct guidance and inspections twice a year (first and second half) targeting workplaces employing foreign workers or those suspected of illegal employment.
Legal basis: Article 17 of the Act on Foreign Workers' Employment, etc., and Article 23 of its Enforcement Decree.
- Each Employment Center selects inspection targets and provides prior written notice of the purpose, period, content, and required documents. Unannounced inspections may be conducted without prior notice if illegal employment is suspected.
Dormitory facility standards for foreign workers will also be inspected. Workplaces selected as excellent dormitories receive an additional 0.5 points for up to two years.
Joint inspections are conducted with labor inspectors from the Labor Improvement Guidance Division and the Industrial Accident Prevention Guidance Division.
- Violations identified during inspections will be addressed under labor relations laws and the Act on Foreign Workers' Employment, etc. Violations of the Immigration Act will be reported to the Ministry of Justice.