Korean Job Discussion Forums

[Zyzyfer]

I am hoping that I have already determined the answer to this thanks to a predecessor's efforts, but I figured I would ask here anyway since we have a few law buffs floating around compared to other Korean ESL forums I frequent.

I am approaching the end of the second year of my current contract, and HR mentioned to a coworker that, due to a labor law which guarantees a contracted employee who has been employed for two consecutive years for the same employer a permanent contract, that there was a possibility they would not hire me for a third contract because of this.

My predecessor encountered the same issue while employed here, and after digging around, interpreted that, since foreigners are generally hired on a yearly basis, and their employment is dependent on having the appropriate work visa, that this negates the labor law policy about permanent contracts in the case of foreign employees. He posed this interpretation to the Ministry of Employment and Labor and they agreed with his interpretation. Based on this, HR assented, and he had no issues with remaining a contracted employee for the duration of his employment.

Since he set the precedent, I probably have nothing to worry about, as I am willing to remain as a contracted employee. Nevertheless, I am curious about how this permanent contract issue would be interpreted by folks like ttompatz. Given how I have known so many foreigners on standard work visas over the years who have remained with one employer in excess of two years, yet never encountered such a concern, it seems like my predecessor's interpretation is legitimate.

[Lucas]

[YTMND]

I am not quite sure what you are asking. First, using "permanent contract" is not secure enough to grant you 2 years. There should be a clause which allows either party to give 30-60 day notice to terminate the contract. Nothing is permanent.

If you are being told there is a law, then that person should provide you with the law.


The contract is more of a letter of intention rather than a body of laws you can enforce. After 2 years, I don't see why you would need to worry about being branded "permanent" or year by year. If the working relationship was good for 2 years, you would think you would build up enough trust to not worry about this.


Why are you worried? On an E2 visa, I doubt we have many options for job security in the long run. If you are on an F visa, you would probably still need to update every 3 years or so.

[World Traveler]

After two years, a company has to give better benefits (though I'm not sure what they are). A Korean friend in America told me a story about her cousin. At the two year mark, his company told him to quit and then after 30 days they would rehire him back. He agreed and resigned, but then during that break became very depressed (which was out of character for him). Instead of taking a trip, he stayed home during his time off. He said that if he worked two years again then they might pull that same stunt again and then he would never get those benefits and if he didn't have the benefits, no woman would want to marry him. My friend was the first to discover his body. He killed himself.

[YTMND]

Hmm, too much info.

[Lucas]

[Zyzyfer]

[YTMND]

[Lucas]

[Zyzyfer]

[denverdeath]

[ed4444]

This law definitely exists. If you do three consecutive one year contracts then subsequent contracts are just to establish conditions as you are technically a permanent worker.

However, there is a lot of small print exceptions with this law so you have to check very carefully to see if you fall within one of the loopholes.

For example I fell into a loophole because I earn more than 49,000,000Won per year. That classifies me as being in the top 20% of earners in Korea currently. Therefore, I am considered to be an "executive" and I can be kept indefinitely on rolling one year contracts unfortunately.

I was very upset to find out about this bit of smallprint because I was sure I was a permanent employee by then.

[mr. positive]

As I understand it, yes, after two years of employment at an employer, you are considered a permanent, full-time employee who cannot be terminated without very good cause. HOWEVER, no employer is obligated to provide you with a work visa - so you can have all the legal rights in the world to permanent employment, but if your employer decides to stop providing you with visa support, you would be screwed in that regard if you are not an F-visa holder. That is what makes non-F-visa holders de facto contract employees.

[The Cosmic Hum]

[YTMND]