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If a foreign worker eligible for departure maturity insurance subscribes to a defined contribution retirement pension, and the money or valuables received by the worker through departure maturity insurance, etc. is less than the statutory severance pay, who should receive payment of the difference?

10/1/2025
Views 24
Author:system
Pursuant to Article 13 of the Act on Employment of Foreign Workers, etc., employers who employ foreign workers must subscribe to departure maturity insurance, etc. to pay severance pay due to the foreign worker's departure, etc., and in accordance with Article 21 (3) of the Enforcement Decree of the same Act, if the amount of the lump-sum payment such as departure maturity insurance, etc. is less than the amount of severance pay under Article 8 (1) of the 「Employee Retirement Benefit Security Act」, the employer shall pay the difference to the foreign worker.
Therefore, even if a foreign worker subscribes to a defined contribution retirement pension system, if the lump sum amount of departure maturity insurance and defined contribution retirement pension system is less than the amount of severance pay, the employer must pay the difference to the foreign worker.

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