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The National Assembly of Korea approved on 16 September 2009 the FIVE (5) years sojourn period of EPS workers, amending for the purpose the Act on Foreign Workers Employment. The new law is expected to be published in the Official Gazette around third week of October 2009 and will take effect two months thereafter or around third week of December 2009.
Under the old rule, EPS workers are granted three years sojourn period. If he is re-employed by his last employer, he has to leave Korea first and come back after about one month. He is given another three years on his second sojourn period.
According to the Foreign Workforce Policy Division of the Korea Ministry of Labor (MOL), the new law, upon its entry into force, would grant a period of stay according to the status of the worker, as follows:
1. Newly hired workers - Three years. If the worker is re-employed by his employer, plus 1 YEAR AND 10 MONTHS without need to leave Korea.
2. Workers in Korea who are in their first (three year) sojourn period � If the worker is re-employed by his employer, plus less (1 year and 10 months) without need to exit Korea. However, if the employer files the application for re-employment not later than 09 December 2009 and within the prescribed period (30 to 90 days before the end of sojourn), plus three years, but must leave and re-enter Korea.
3. (Re-employed) workers in Korea who are in their second sojourn period � the remaining portion of their three year sojourn period.
We shall furnish you a copy of the official English translation of the new law as soon as the same becomes available.
Wish you a pleasant weekend.
DELMER R. CRUZ
Labor Attache |
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