MINIMUM WAGES FOR THE YEAR 2012

Dear FilCom,

Please refer to the attached announcement from the NLCC on the Minimum Wage rate for 2012.

Please be guided accordingly.

Thank you.

Atty. Felicitas Q. Bay
Labor Attache
Philippine Overseas Labor Office
Embassy of the Republic of the Philippines
5-1, Itaewon 2-dong, Yongsan-Ku, Seoul, 140-857 Korea
Tel: 82 2 3785 3634/5; Fax: 82 2 3785 3624
labor@philembassy-seoul.com
www.philembassy-seoul.com

MINIMUM WAGES FOR THE YEAR 2012
2012년도 최저임금 안내

1. Period of application: Jan. 1 2012 ~ Dec. 31 2012
적용기간 : 2012.1.1~2012.12.31

2. Minimum wage
최저임금액
○ Hourly wage rate : 4,580 won, daily wage rate( on a 8-hour basis): 36,640 won
시급 4,580원, 일급(8시간 기준) 36,640원
○ In the case of 40 hours per week(209 hours per month) the monthly wage will amount 957,220won.
주40시간제(월 209시간)의 경우 월급 957,220원

3. Target of application: every business or workplace employing workers
적용대상 : 근로자를 사용하는 모든 사업 또는 사업장
○ Workers whose minimum wage can be reduced
감액 적용 근로자
- Apprentices: his/her minimum wage may be reduced as much as 10% up to 3 months(hourly wage rate :4,122 won)
수급근로자 : 최장 3개월간 10% 감액 적용 가능(시급 4,122원)

4. Workers who are not applied the minimum wage
적용제외대상
- A person who has remarkably low abilities to work due to a mental or physical handicap (when approved by the Minister of Labor).
정신, 신체 장애로 근로능력이 현저히 낮은 자(노동부 장관 인가시)
- An employee who works for the workplace which employ only relatives living together or domestic workers.
동거의 친족만을 사용하는 사업의 종사자 또는 가사사용자
- A sailor who is subject to the seamen law or an owner of ship employing sailor.
선원법 적용 받는 선원 및 선원을 사용하는 선박의 소유자

5.Liability of the employer
사용자의 의무
○ Liable to pay above the minimum wage to the employee.
최저임금액 이상 지급의무
- An employer shall pay the workers at least the minimum wage rate or more. And no employer may lower the previous wage level on the ground of the minimum wage.
- 사용자는 적어도 최저임금액 이상의 임금을 지급하여야 하고 최저임금을 이유로 종전 임금수준을 저하하여서는 안됨
- If a labor contract provides for a wage that is less than the minimum wage rate, it shall be considered to stipulate that the same wage as the minimum wage rate shall be paid.
- 최저임금액에 미달하는 임금을 지급하기로 근로계약한 경우, 최저임금액과 동일한 임금을 지급하기로 한 것으로 간주

6. Obligation of notice of the minimum wage to the worker
근로자에 대한 최저임금 주지 의무
- An employer shall inform the workers of minimum wage rate, wages not included in the minimum wage, effective date, and workers being excluded from the minimum wage Act.
사용자는 최저임금액, 최저임금 미산입 임금, 효력발생일, 적용제외근로자에 대하여 고지하여야 함

7. In the cases of the following, a contractor shall take responsibility for violating Minimum Wage Act jointly with the subcontractor.
도급인이 최저임금법 위반의 연대책임을 지는 경우

- As for determining the unit labor cost lower than the minimum wage at the time of the signing of the contract;
도급계약 체결시 인건비단가를 최저임금액 미만으로 결정한 경우

- As for lowering the unit labor cost to below the minimum wage in the middle of the contract period.
도급계약 기간중 인건비단가를 최저임금액 미만으로 인하한 경우

※ HOW TO ESTIMATE IF THE MINIMUM WAGE IS FULFILLED
최저임금이행 여부 판단
1. Convert the total wages excluding the below wages and allowances into hourly wage rate and compare it with hourly minimum wage( 4,580won).
아래 임금 및 수당을 제외한 임금총액을 시간급으로 환산하여 시간급 최저임금(4,580원)과 비교
① Wage which is not paid regularly more than one time per month (such as bonus)
매월 1회 이상 정기적으로 지급되지 않는 임금(상여금 등)
② Wage which is paid for the non-contractual working hours(such as extended work allowance, holiday work allowance, etc)
소정근로시간에 대하여 지급되지 않는 임금(연장근로수당 등)
③ Allowances paid for an employee's living support or welfare
생활보조 또는 복리후생적으로 지급되는 수당 등 (meal cost, etc)

2. How to calculate the monthly salary based on the hourly pay:
월급의 시급 환산법
40-hour work week ⇒Wages regularly paid a month for contractual working hours ÷ 209 hours
주40시간제⇒ 계산된 입금(소정근로시간에 대한 매월 정기적 임금) ÷ 209시간

※ EVEN THOUGH THE STATUTORY WORKING HOURS ARE REDUCED THE PREVIOUS MINIMUM WAGE SHOULD BE GUARANTEED
법정근로시간단축시 종전 최저임금 수준 보장
If working hours are reduced to 40 hours per week, the minimum monthly wage may be calculated at 902,880 won. However, it should be paid at 976,320 won which is the minimum wage for the previous working hours (44 hours per week),
근로시간 단축후(주40시간) 월급 최저임금은 902,880원으로 계산되나, 근로시간 단축전(주44시간) 최저임금인 976,320원 이상을 지급해야 합니다.
When minimum wage is raised, the minimum monthly pay may be calculated at 957,220 won. However it should be paid at 976,320won which is the minimum wage for the previous working hours (44 hours per week).
(However, in case of a worker who was employed on July 1, 2011 and onwards, minimum wage shall be calculated based on 209 hours<209x4,580won>)
최저임금 인상적용(12.1.1)에도 월급기준 최저임금은 957,220원으로 계산되나 근로시간 단축전(주44시간) 최저임금인 976,320원이상을 지급하여야 함. (단, 2011.7.1이후 고용된자는 최저임금이 209시간을 기준으로 계산되어야 함)

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MINISTRY TO EASE BURDEN ON RE-ENTERING FOREIGN WORKERS

"Should these workers pass the test - a requirement to obtain their employment permits - they will be allowed to return to Korea right away."

The re-entry process for some foreign nationals previously employed in Korea should become easier due to changes announced by the Ministry of Employment and Labor yesterday.

The ministry said it would begin offering Korean exams at least four times a year for foreign nationals who came to Korea on certain employment permits and then returned to their home countries after their employment authorizations expired. Should these workers pass the test - a requirement to obtain their employment permits - they will be allowed to return to Korea right away.

Currently, these foreign workers must leave Korea at the end of their employment, which cannot exceed four years and 10 months, and wait six months before returning. Re-entering workers have also been required to take the same Korean test as workers looking to come to Korea for the first time, a time-consuming process since the test is administrated irregularly.

The ministry will begin administering the exams to returning workers starting from next month in Vietnam and Thailand and will expand to other countries from next year. “We expect that the number of foreign nationals who are sojourning in the country illegally will decrease and it will become easier for businesses to recruit skilled employees,” said Lee Jae-gap, who works on employment policy at the stry.

Sarah Kim, Yonhap [sarahkim@joongang.co.kr]

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Speech delivered by Ambassador Luis T. Cruz during a round table seminar on ROK�s Immigration Policy Viewed from Inside and Outside : Transition to Multicultural Society, Jeju Island, 3 December 2011.

By: Philippine Embassy

Distinguished guests, Friends, Ladies and Gentlemen, Let me, at the outset, congratulate the CIFAL Jeju for organizing this seminar. Immigration policy is a matter that, I believe, needs to be treated with both urgency and care given the sensitivity of issues attendant to migration.
I also wish to express my sincerest thanks for inviting me to be one of the speakers today. Yesterday�s session was very candid and informative, and I hope to be able to add to the wealth of ideas that has already given us greater platform upon which to pursue our respective migration-related goals.

I will divide my 30-minute presentation into two main topics: first, I will talk about my impressions of South Korea�s immigration policy in general, after which I will discuss some of my thoughts on how we can better protect our respective citizens while ensuring the integrity of our borders.

To provide context into these two topics, I will focus on the two sectors in South Korea that are most crucial in our formulation of relevant policies and work programs: workers under the Employment Permit System, which for the Philippines account for roughly 53% of Filipinos in South Korea; and foreign spouses of Korean nationals, whose growing number has forced an introspection by the Korean society on the impact that such multicultural families will have on its immediate future.

Allow me to begin.

I. Impressions of Korea�s general immigration policy

A. Workers, particularly those under the EPS

I will start by categorically stating that the Employment Permit System is among the best government-to-government arrangements on labor that I have encountered. Since the Ministry of Employment and Labor (MOEL) and the HRD-Korea began the EPS seven years ago, thousands have benefited from its orderly, accessible and systematic implementation.

It therefore comes as no surprise that the EPS was selected as the 1st place winner of the UN Public Service Awards on June 23, 2011, in the category of �Preventing and Combating Corruption in the Public Service.�

As an EPS sending country, the Philippines has approximately 26,000 EPS workers throughout South Korea. The EPS is so efficient and holistic as to include all processes from selection and deployment to feedback, skills upgrading, and contract termination; and yet it is so accessible and open-minded as to be able to adjust to, and improve with, the demands of the times.

The EPS, I therefore believe, deserves emulation. Let me elaborate:

With the entry of foreign workers come various issues related to immigration. Adjustments are made not just by the worker, but also by the employer and the community that shelters the foreign worker. The adjustment, in fact, is not made just by the workforce alone but by the entire Korean society. The presence of both locals and foreigners leads to a dynamic interaction that inevitably shapes the way of life and thinking of the people. Multiculturalism is a societal trend that is made possible not only by foreign spouses and expatriates, but also by the thousands of EPS workers who have found a second home in South Korea � no matter how short their stay is.

Through all these, the EPS makes sure that the foreign worker is able to adjust as smoothly as possible.

 For instance, EPS workers are required to study Korean prior to deployment. This makes sure that they hit the ground running as language skills help minimize communication gaps.

 The workplace is not a perfect setting, and anywhere in the world, there are problems related to possible worker maltreatment, abuse or discontent. In South Korea, common complaints we receive from EPS workers pertain to delayed salaries, misrepresented contracts, and physically or verbally abusive sajangnim or colleagues. It is important that we become aware of these issues but it is even more important that we address these issues. The EPS is unique in that the system has established several centers nationwide that are specifically tasked to handle the grievances of workers. For example, an EPS worker can get his or her delayed salary and transfer to a better workplace through MOEL Job Centers and HRD branch offices. South Korea helps make the job of embassies to protect the rights and welfare of their workers easier, because South Korea itself has placed labor contact points in strategic places nationwide, in areas that are far from where embassies are located.

 The EPS is not only concerned about the stay of the workers here, but also about the future of the workers once their tenure ends. The HRD offers various training programs to current workers that will help them gain employment in their home countries or start a business. Such reintegration programs are essential, because their focus on capacity-building gives workers greater confidence to pursue other exploits.

Towards these ends, the policies of South Korea as a receiving country and the Philippines as a sending country are in perfect harmony. The Philippines understands very well the need for reintegration programs. There are more than eight million Filipinos working abroad, and it is our desire to continually strengthen our economy to generate, in turn, more local employment. We want our nationals to bring back their experience abroad and share their skills in the Philippines. At the same time, we want to give them every reason and opportunity to return.

Here in South Korea, the Philippine Embassy, through the Philippine Overseas Labor Office, regularly conducts regular sessions on skills and knowledge enhancement for Filipino workers. Last year, for example, the embassy conducted one course on PC assembly; six seminars on financial management; two three-weekend classes on entrepreneurship; one seminar each on franchising and the business climate in the Philippines; and one forum about housing options for foreign workers. All in all, around 800 workers have taken part in our reintegration programs.

In the Philippines, workers and their families can take advantage of various similar reintegration programs. The Philippine Overseas Workers Welfare Administration, for example, has several other skills and knowledge programs that range from SME development to scholarship opportunities for talented but needy children. The Philippine Department of Labor has recently announced the availability of non-collateralized loans for those who wish to start a business. Budgeted at around US$47 million, the loan includes a program for business matching and entrepreneurship training.

Perhaps the reason why EPS workers are in a position of greater flexibility and decision-making compared to foreign workers in other countries is because the EPS has inherent processes that do not restrict themselves with sole deployment; the system oversees and prepares for the stay and eventual return of the worker. South Korea and the Philippines definitely share a common goal: the rights and welfare of the workers.

B. Multicultural Families

We received substantial information yesterday regarding multicultural families. For the Philippines, the rate of Filipinos marrying South Korea is steadily increasing. There are now 8,000 Filipinos married to Korean nationals and living in South Korea, many of whom are in rural areas.

For the sake of brevity, I will no longer belabor the point on the increasing number of interracial marriages � the fact that 10% of marriages in South Korea last year involved a foreign spouse is adequate to support this claim � and will instead focus on my perceptions about South Korea�s policy on multiculturalism.

The Korean government started implementing multicultural policies in April 2006 when the government announced the Social Integration Support Measures for Marriage Migrant Families. In 2007, the Basic Act for Treatment of Foreigner Residents was passed, followed by the Multicultural Family Support Act in 2007.

Several types of support are given to multicultural families. For instance, the law covers the following:
 Measures against social discrimination and bigotry;
 Social adaptation and vocational training;
 Family counseling, marriage education, parenting education, and family life education;
 Prevention of domestic violence, in cases of which the government MAY provide translation, legal counseling, and administrative support services;
 Childcare support;
 Language services; and
 Support centers, among others.

I find that the policies have a very wide range and are implemented in all levels, from the national government to the local government. The Korean National Police, for example, has a Mentoring Program whereby police officers establish networks with foreign spouses in an effort to reach out to them and prevent instances of domestic violence.

Flexibility is also inherent in the law. Recent amendments expand the term of �multicultural family� to include families by nationalized Koreans. The fact that multicultural policies are revised regularly shows how responsive the Korean government is. I therefore look forward to the full-scale implementation of the F-6 visa, which will give more reliable statistics about foreign spouses, all of which are now lumped together with other dependents under the F-2 visa.

It is noteworthy that such programs do not focus on the foreign spouse alone � the families of the foreign spouses are also invited to South Korea by various institutions so they can better appreciate the new role that the spouse has assumed in South Korean society.

II. Areas for Improvement

A. Workers

No system is, however, perfect. This is why forums like this are important, because they provide opportunities to further improve existing programs.

In the case of EPS, there are recurring issues that are raised not only by the Philippines, but also by other EPS-sending countries. For instance:

 For workers who have completed their sojourn, it may be best if they no longer have to retake the Korean Language Test and other exams. These are people who already passed the tests once and who have lived in South Korea as EPS workers. Requiring them to take the same test to be included anew in the roster is a redundant process that only consumes time and resources. This requirement can be waived without damaging the reason behind the exams, which is to ensure that the workers are able to adjust to Korean society and perform their jobs. Returning workers have already proven that.

 The waiting period of six months for EPS workers who have completed their sojourn translates to a period when productivity risks a dip. Employers who wish to retain the same people have to deal with the costs of retraining and adjustment while waiting for the period to lapse, while EPS workers who are still qualified to apply have to contend with half a year of untapped potential.

 Attention can perhaps be given to further improvements in the agricultural and construction sectors, which appear to have less defined parameters of operation than the manufacturing sector.

 I am very pleased to note that South Korea has begun implementing a computer-based exam for re-hired workers from Vietnam and Thailand. This is certainly a positive step forward and will greatly contribute to the convenience of returning workers from Vietnam and Thailand. It does not, however, address the basic issues of continuity and stalled productivity.

It is my understanding that the EPS is developed in such a way that it prioritizes the infusion of new blood � meaning that workers can only stay up to a certain period and up to a certain age. The idea is that they will go back to their home countries and they will be replaced by other individuals, thereby giving others a chance to become part of the system. Now may be a good time to re-examine this arrangement.

The bond between an employer and an employee who have developed mutual trust and confidence is sacred. Such a relationship needs time and nurture. It is a relationship that can be viewed as a long-term investment because it leads to greater productivity and can expand operations.

The current system only allows up to a maximum of four years and ten months of sojourn for the EPS worker. The worker then has to wait out six months in the home country. Upon return, he or she can only work up to around 38 years old. An EPS worker who joins now at the age of 22, for instance, can only work three times or a total of approximately 14 years with six-month breaks in between.

Assuming that the worker goes to the same employer each time, the bond between them will have to be broken once the worker�s age ceiling is reached. In a typical workplace, the benefits of 14 years of experience are immeasurable.

I respectfully wish to propose a system where, for as long as the employer is willing to take in the worker, the worker can be allowed to stay legally. The employer is in the best position to judge the skills and resourcefulness of the worker. Once either employer or worker wishes out of the contract, the worker can find employment elsewhere � assuming that another SME is willing to receive the transfer.

We are not even talking about permanent residence. We are talking about giving the employer and the employee who have formed a bond the opportunity to let the working relationship flourish � such bonds cannot be aptly captured or maximized by designations of age ceilings. Short-term employment visas that have to be periodically renewed can be used.

Under this arrangement, the worker will still be under the EPS and will still be counted in the quota. In the long term, this arrangement may be more feasible than a regular turnover of workers. It will also be cost-effective for the MOEL / HRD when handling its operations. We can expect more workers to violate the provisions of their visa for every turnover that takes place. Over time, the number of undocumented workers may increase. The age ceiling may thus be counterproductive in the long run if one overriding purpose is to encourage workers to stay legally.

I wish to highlight the importance of the employer in this set up. Oftentimes, when we talk about the EPS, we think about the foreign worker. In reality, several other stakeholders exist, such as the government and, of course, the employer.

And many employers themselves like to retain their workers regardless of their age. Employers, in fact, are among those who signed a petition last year requesting improvements in the EPS, which the Philippine Embassy positively endorsed to the Ministry of Employment and Labor and the Ministry of Foreign Affairs and Trade. I believe that their voices should also be heard in forums like this, because they are the ones who directly deal with the foreign workers.

By abolishing the age ceiling, workers can have the opportunity to stay legally. Certain conditions should of course be put in place, first and foremost of which is what I have discussed regarding the willingness of the registered employer.

This leads me to my next point. In the Philippines, we do not call workers who have violated the terms of their visa as �illegal� workers. Instead, we call them �irregular� workers for a number of reasons.

The term �illegal� is such a loaded word that connotes crime and even violence. To be branded as �illegal� is to be labeled in the most negative sense. It minimizes the person and practically puts him or her in the same league as others who have committed arson, rape, murder or white-collar crimes.

Irregular workers, however, have done none of the above. In fact, irregular workers are the ones who choose to lie low and not be involved in any dangerous activities because their only goal is to send remittances to their families. Irregular workers are not criminals, and they should not be treated or labeled as such. Calling them �illegal� is one step closer to completely pushing them out of the boundaries of society and away from social safety nets.

Irregular workers are honest people who have decided to violate the terms of their visas for economic or humanitarian reasons � they must not be subjected to the same stigma that accompanies those who have committed arson, rape, murder or white-collar crimes. Acknowledging this fact is the first step towards a more open-minded immigration policy.

On this note, I humbly state my hope that, at an opportune time, the Korean Government can also study the possibility of providing amnesty to overstaying workers and find a way for them to become eligible to apply to the EPS. This is a proposal that may warrant serious attention given the implications of South Korea�s ageing society, which will one day need more and more human resources to drive its dynamic industries. The EPS is such an excellent system to deny, and I sincerely hope that it will cover as many workers as possible. It is a system that I sincerely believe should be emulated by other countries and in other sectors.

B. Multicultural families

A question that South Korea must confront is whether it plans to have an assimilative or an acculturative immigration policy. Foreigners can either become assimilated into Korean culture, or they can play a greater role in further opening the cultural mindsets of a country that proclaims homogeneity like South Korea.

I have noticed a tendency towards assimilation in many multicultural programs. Many are about how the foreign spouse can learn and be accustomed to Korean culture. I happen to believe that the relationship has to be two-way: the foreign spouse should learn Korean culture, but the Korean spouse and the Korean in-laws should also be receptive to the foreign spouse�s culture. This ensures that the benefits of a multicultural family � a family that is naturally predisposed to the wealth of cultures of the two nationalities involved � are fully harnessed. More often than not, I meet families where the child is allowed to only learn Korean and not the native language of the foreign mother. It is sad to know that the child is deprived of an ability to become multilingual at an early age and to have a mindset that is naturally global in outlook.

This interaction � an �exchange� in its truest sense � will also mean that the foreign spouse is never alienated. No matter how much people learn another culture, they cannot fully suppress their own. A healthy relationship is one that allows both spouses to grow and mature in their own terms and styles, and this need is more pronounced in the case of interracial couples.

This question not only has practical implications but legal ones as well. For example, the dual citizenship law of South Korea stipulates that those married in the latter half of 2010 are eligible to gain dual citizenship � but not those married before. The law is not retroactive, which then leads me to thinking: why cannot those who became Korean citizens in 2009 be given the same rights and privileges that those married in 2011 possess? What�s the difference between a previously naturalized Korean and a recently naturalized Korean? Why cannot the law be more comprehensive?

It is my hope that South Korean immigration policy will allow dual citizenship even for those who were naturalized before the cut-off date of July 2010 prescribed by the dual citizenship law.

Having said that, there are still many areas that our governments can cooperate to assist multicultural families. For instance:

 Those who are separated or divorced need a more comprehensive support system from the Korean Government, especially if they are victims of domestic violence. They should be given free legal services. Counseling services offered by multicultural centers often focus on the reconciliation by the husband and wife; room must be given for marriages that are truly problematic.

 Many shelters for women have able staff. Unfortunately, not everyone can speak English. Language barriers must be addressed if these shelters are to be truly effective. In addition, the Ministry of Gender Equality and Family should consider putting up additional shelters to accommodate the growing number of marriage migrants in need of help.

 Children from multicultural families tend to be economically vulnerable. They are also prone to teases and taunts, to discrimination and alienation. This affects their learning curve, as they tend to be weighed down by the stresses that come from simply being different. The Ministry of Education, Science and Technology is doing an excellent job of helping these students, and I hope that other agencies can follow suit.

To close my presentation, let me take this opportunity to reiterate some of the recommendations of the International Forum on Multicultural Policies in the Global Era, held in Daegu on 28 October 2011. These are recommendations that came from the migrants themselves and are therefore worth noting:

 Increase in the number of multicultural centers and emergency support centers with foreign counselors and staff;
 Working opportunities for foreign spouses, including lower interest loans;
 Marriage counseling also for the Korean nationals;
 Multicultural education that is more geared towards second-generation multicultural children. Some schools organize separate classes to accommodate them, but the effect is that they feel more excluded from the other students. A program on Korean as a Second Language (KSL) may be effective;
 Children who are allowed to communicate to their mothers in the mothers� native language; and
 Medical insurance for young marriage migrants, especially when the Korean husband cannot afford the cost of insurance.

The issue of immigration is a very vast and difficult topic, and I hope that my presentation has somehow helped shed light on the issues that we face. We are, I am sure, only scratching the surface of this challenging but interesting subject made more relevant by today�s freer borders.

Thank you very much. I hope to answer your questions during the open forum.

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Labor update at leaders forum about eps korea by labor attache felecitas Bay at phil embassy in seoul.(Dec. 3, 2011)	Consul Marasigan of Philippine Embassy in Seoul update at DFA (Dec. 3, 2011)

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Designation of Women’s organizations that can issue certificate of reason for failed marriage

Through changes in immigration duties guidelines, Ministry of Justice now allows foreigners whose marriages with a Korean national has failed to apply for acquisition of Korean nationality. However, in order to do so, they would need to provide a certificate from an authorized women’s organization, and through careful examinations of the candidates, Ministry of Justice has selected 197 such women’s organizations throughout the country. Traditionally, in such cases, only court rulings which state that the divorce was considered valid.

In order to be completely objective and unbiased in selecting such “authorized women’s organizations,” the Ministry of Justice took in a number of advises recommendations from multiple related sources (such as the Ministry of Gender Equality and Family, members of the MOJ’s women’s policy committee, and foreign women). Finally, a total of 197 organizations were selected, including the Korea Legal Aid Center For Family Relations, Migrant Women’s Hotline 1366 Center, and Domestic Violence Protection Center.

They were chosen for being recommended, previous record of counseling foreign wives, and accessibility. It should also be mentioned that this is a growing list, and any organization may be added to the list in the future if they are found to have public trust.

The Ministry of Justice said “through this change, women whose marriages didn’t work out can still apply for Korean nationality if they can prove that the divorce was due to no fault of their own through certificate from authorized women’s organization. However, it must be noted that certificates that they submit will be very closely examined by the Ministry of Justice, and the fact that they applied for Korean nationality does not necessarily mean that they will actually acquire Korean nationality. In addition, providing a court ruling will speed up the process considerably.” source: http://www.hikorea.go.kr/pt/index.html

HiKorea Portal
www.hikorea.go.kr

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Workers in workplaces with 4 workers or less can receive retirement benefits from December 1

From December 1, workers retiring from workplaces with four workers or less can receive retirement benefits.

* There are 963,366 workplaces ordinarily employing four workers or less, and 1,618,923 workers employed in such workplaces.

According to the Enforcement Decree of the Employee Retirement Benefit Security Act amended on September 29, 2010, the Retirement Benefit System expanded to cover workers in workplaces ordinarily employing four workers or less on December 1, 2010.

* The coverage of retirement benefits was extended from workplaces with 30 workers or more in 1961 to those with 16 workers or more in 1975, and then to those with five workers or more in 1989.

However, retirement benefits are paid to workers who have worked for at least one consecutive year. Therefore, actual payments are made on or after December 1, 2011 when one year has passed since the amendment came into effect.

The level of retirement benefits will stay at 50% of the statutory retirement pay of the worker concerned until December 31, 2012, and then be raised to 100% at the beginning of 2013.

This gradual increase in the level of benefits is intended to soften the impact on workplaces with four workers or less given their small business scale, their employers' weak ability to pay, and negative employment effects that might be caused.

Under the current law, an employer should introduce either the retirement pay system or a retirement pension plan (defined benefit type or defined contribution type).

In the case of workplaces with four workers or less, which tend to have a short cycle of creation and extinction and frequently delay payment of wages, introducing a retirement pension plan is desirable in terms of a stronger guarantee of workers' right to receive retirement benefits.

* Under a retirement pension plan, an employer puts aside contributions each year into an account at a financial institution, etc., outside the company, and retirement benefits are paid in a lump sum or in annuity payments if a worker retires. Retirement pension plans encourage workers' long consecutive service, and thus help to lower job separation rates and boost productivity.

Many workplaces with four workers or less are introducing a retirement pension plan to avoid the burden of raising a large sum of money temporarily to cover retirement payments. Retirement pension plans are well received by workers, resulting in fewer job separations and higher satisfaction.

* Among workplaces with four workers or less, 36,233 or 3.8% have adopted a retirement pension plan with a total of 98,088 workers covered.

MOEL has publicized the expansion of retirement benefits for workplaces with four workers or less through the mass media, such as radio campaigns, newspaper and subway ads, and surveys on social networking sites.

MOEL carries out publicity activities focused on policy target groups to ensure that no one fails to pay or receive retirement benefits because of his/her ignorance of the coverage expansion. For instance, it develops and distributes related posters and leaflets, sends direct mail to all workplaces employing four workers or less, informs target groups of the institutional change in collaboration with industry- or regional-level associations of small business owners, and operates a relevant PR booth at job fairs.

Park Jong-gil, the Director-General of the Working Conditions Improvement Bureau, said "Now that retirement benefits have been expanded to cover workplaces with four workers or less, they will greatly contribute to promoting the welfare of workers in these workplaces by helping them to provide for their retirement."

He also said, "In light of their small business scale and relatively weak ability to pay, many workplaces with four workers or less would fail to pay retirement benefits on time. So we will conduct thorough guidance and inspection activities
through labor inspectors, along with active publicity campaigns."

Source: Ministry of Employment and Labor
(www.moel.go.kr/english/topic/working_view.jsp?&idx=876)

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NEW REQUIREMENT FOR FILIPINOS MARRYING FOREIGNERS
By: Philippine Embassy, South Korea
Source: http://www.philembassy-seoul.com/ann_details.asp?id=457

Effective 04 July 2011, Filipinos applying for a Legal Capacity to Marry a Foreigner or a Report of Marriage to a Foreigner are required to watch a short video presentation on the situation of Filipino spouses in South Korea. The Embassy will release the documents only after the applicants have seen the video, which talks about life in South Korea and lasts for only twenty (20) minutes.
The video is part of the Embassy’s educational / awareness campaign to help marriage migrants to South Korea. The video covers the family culture in South Korea, including stories about the experiences of other Filipinos and advice to ensure the welfare of Filipino nationals married to foreigners.

The applicant may choose from the following weekly schedule:

Tuesday - 11:30am -11:50am; 2:00-2:20pm

Thursday - 11:30am -11:50am; 2:00-2:20pm

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Revised Requirements for Reports of Birth
By: Philippine Embassy in Korea
Source: http://www.philembassy-seoul.com/ann_details.asp?id=475

A child born in the Republic of Korea with Filipino parent/s should be reported to the Philippine Embassy in Seoul , not later twelve (12) months from the date of birth, for transmittal to the Office of the Civil Registrar-General, National Statistics Office (NSO), Manila. Report of the birth of a child after one year is considered late and an Affidavit of Late Registration shall be required.

Requirements for ROB

1. Duly accomplished ROB form in 4 original copies

2. Birth Certificate issued by the Korean hospital where child was born ( with English translation)

3. If child is legitimate, marriage contract of parents. If marriage was in the Philippines, marriage contract must be authenticated by NSO. If abroad, copy of Report of Marriage duly received by the Philippine Embassy with jurisdiction to register the marriage. 

4. If not married, NSO authenticated birth certificate of mother. If the surname of the father will be used, Affidavit of Admission of Paternity and Authority to use surname of Father will be required from the father. Republic Act 9255 allows illegitimate children to use the surname of their father. (Notarization fee of affidavit is Won 33,550) 

5. Valid passports/ travel documents of the parents

6. If parent/s are naturalized Filipino/s, naturalization documents are required

7. If reporting is done after twelve (12) months from occurrence, Affidavit of Late Registration of Birth. (Notarization fee of affidavit is Won 33,550)

8. Consular Fee: Won 33,550

Processing period: two (2) working days

Original documents will be required upon processing together with four (4) photocopies. Photocopy of a document will be accepted provided they are authenticated/ certified true copy (CTC) by DFA or the nearest Philippine Embassy or Consulate.

The Consulate may require additional requirements , if necessary.

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Ministry to ease burden on re-entering foreign workers

The re-entry process for some foreign nationals previously employed in Korea should become easier due to changes announced by the Ministry of Employment and Labor yesterday.

The ministry said it would begin offering Korean exams at least four times a year for foreign nationals who came to Korea on certain employment permits and then returned to their home countries after their employment authorizations expired. Should these workers pass the test - a requirement to obtain their employment permits - they will be allowed to return to Korea right away.

Currently, these foreign workers must leave Korea at the end of their employment, which cannot exceed four years and 10 months, and wait six months before returning. Re-entering workers have also been required to take the same Korean test as workers looking to come to Korea for the first time, a time-consuming process since the test is administrated irregularly.

The ministry will begin administering the exams to returning workers starting from next month in Vietnam and Thailand and will expand to other countries from next year. “We expect that the number of foreign nationals who are sojourning in the country illegally will decrease and it will become easier for businesses to recruit skilled employees,” said Lee Jae-gap, who works on employment policy at the stry.

By Sarah Kim, Yonhap [sarahkim@joongang.co.kr]

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The advisory from the KOILAF regarding the special KLPT which states that " The special Korean tests will be available only to the foreign workers who have left Korea before expiry of their employment permit and want to reenter the country, and will be regularly given once or more per quarter at the designated CBT (computer-based test) sites in the sending countries. The special tests will be first conducted on a pilot basis in Thailand and Vietnam in December this year, and then will be extended over to other sending countries in next year.

The successful applicants of the tests will go through a faster process of reentry than the ordinary process, be exempted from pre-employment training, and be allowed to work in the workplace where they had worked before departure so long as they had worked for one year or longer at the last workplace and the employer wants to rehire them".

Tha KOILAF advisory is based on the press release issued by the MOEL in its website last 09 November 2011.

Please be guided accordingly.

Thank you.


--
Atty. Felicitas Q. Bay
Labor Attache
Philippine Overseas Labor Office
Embassy of the Republic of the Philippines
5-1, Itaewon 2-dong, Yongsan-Ku, Seoul, 140-857 Korea

( Courtesy of POLO-Philippine Embassy)

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Foreign workers will have easier access to reentry to Korea

Ministry of Employment and Labor will give a special Korean test for the foreign workers who volunteered to return before expiry of their employment permit

The Ministry of Employment and Labor is going to offer special tests on the Korean language for the foreign workers who want to reenter Korea after having volunteered to leave the country before maturity of their employment permit, starting from December this year.

In accordance with the anti-settlement principle under the Employment Permit System, a foreign worker who has arrived in Korea with an employment permit must leave the country upon maturity of the permit (lasting up to 4 years and 10 months). The System, however, offers no preference to the foreign workers who want to reenter the country, simply requiring them to wait at least 6 months and go through the same entry process as the first-time comers.

The Korean language tests for newcomers are given on an irregular basis and even those who have passed the test have to wait a long time before entry. This is why the foreign workers who want to work for additional years in Korea are reluctant to return to their mother country. Moreover, the employers of foreign workers have demanded that they should be allowed to retain skilled foreign workers.

In response, the Ministry of Employment and Labor has decided to improve the Employment Permit System by resolving the barrier to reentry and accommodating employers demand for skilled workforce. The consequence is that foreign workers who want to reenter Korea will be able to take a fast track right after the end of the reentry limit period, although the statutory limit period will remain in force.

The special Korean tests will be available only to the foreign workers who have left Korea before expiry of their employment permit and want to reenter the country, and will be regularly given once or more per quarter at the designated CBT (computer-based test) sites in the sending countries. The special tests will be first conducted on a pilot basis in Thailand and Vietnam in December this year, and then will be extended over to other sending countries in next year.

The successful applicants of the tests will go through a faster process of reentry than the ordinary process, be exempted from pre-employment training, and be allowed to work in the workplace where they had worked before departure so long as they had worked for one year or longer at the last workplace and the employer wants to rehire them.

The number of foreign workers who are supposed to leave Korea due to expiry of their employment permit is estimated at 5,000 in 2010; 34,000 in 2011; and 67,000 in 2012.

Director General LEE, Jae Gap of the Employment Policy Office at the Ministry of Employment and Labor expects that the revised provisions will help reduce the number of illegal foreign workers sharply and secure skilled workforce for employers, adding that the government will expand the preferred reentry measures for the foreign workers who have chosen to leave Korea instead of staying illegally in the country.

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OAV Registration Ongoing at the Philippine Embassy

Filipinos in South Korea who intend to vote here for the senatorial and party-list elections in May 2013 are reminded to register as overseas absentee voters at the Philippine Embassy in Seoul.
Registration started on 2 November 2011 and will continue until 31 October 2012. Registration is available from Monday to Friday during regular office hours, except during declared holidays. Filipinos may also register every first and third Sunday of the month, coinciding with the special service for passport renewals in the morning.
“Although the registration period is for one year, I encourage everyone to register early and not to wait until the last minute to have their names included in the roster of those eligible to vote in 2013,” said Amb. Luis Cruz.
“This will prevent potential problems associated with rushed applications,” he added.
Registrants only need to present a valid proof of Philippine citizenship, such as a passport. Those who intend to change their voting places in 2013, such as those returning for good to the Philippines, can also have their records transferred by the Philippine Embassy.
Mobile registration services, done alongside with mobile passport services, to other parts of South Korea will be announced later on.
For inquiries, please email seoulpe@philembassy-seoul.com.

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A Message from POLO/OWWA - Phil Embassy - South Korea

To all EPS:

Please be reminded that based on existing guidelines in the issuance of Balik Manggagawa Certificate / OEC, EPS workers on release are not eligible to be issued an Overseas Employment Certificate or OEC.

This reminder is issued to avoid any confusion in the issuance of an OEC.

Thank you.


Atty. Felicitas Q. Bay
Labor Attache
Philippine Overseas Labor Office
Embassy of the Republic of the Philippines