Recently, there have been reports through broadcasts of cases where people enter Jeju Island for tourism purposes without a visa and then disappear.
There have also been frequent reports of foreign seasonal workers leaving without permission, causing losses to many farms, especially before the harvest season. It's not just farms that are affected.
According to many conversations I've had with representatives who employ E9 workers, there are cases where foreign workers assigned to a workplace with an E9 employment permit have unauthorised absences due to minor conflicts with the employer, or if they hear that another factory offers higher wages, they may leave without notice if their current workplace does not match the salary. From the employer's perspective, since this disrupts the workplace atmosphere, they feel they cannot refuse to write a letter of transfer consent.
It's not just workplaces that employ E9 workers.
Sometimes, companies that have hired E7 or E6 foreign workers also contact me about unauthorized departures of their foreign workers.
Let's look into the standards for unauthorized departure of foreign workers and the measures to deal with it if it occurs.
Standards for Unauthorized Departure of Foreign Workers
According to the law governing the employment of foreign workers,
it is stipulated that if a foreign worker is absent without the employer's approval or legitimate procedure for more than five days or if their whereabouts are unknown, it is considered a departure from the workplace. The standard date for workplace departure is based on working days.
Employer's Procedures and Measures
1. If a foreign worker leaves the workplace, the employer must notify the worker in writing or by telephone that "if you do not return to work by the designated day, we will report a change of employment due to unauthorized absence," and if there is no response, the employer must report the employment change to the competent employment center or immigration office.
2. In addition, if any changes related to the employment of foreign workers occur, such as departure during work, injury, death, or renewal of the employment contract, the employer must report the employment change to the competent employment center or immigration office within 15 days from the day the reason for the change is recognized.
※ If the obligation to report is not fulfilled, a fine of 600,000 won for the first offense, 1.2 million won for the second offense, and 2.4 million won for the third offense will be imposed.
Punishment Standards for Unauthorized Departure of Foreign Workers
1. If a reported runaway foreign worker returns to their original position within one month after departure, and the employer withdraws the departure report within one month, it is considered as one workplace move, and re-employment to the original position is possible. However, the runaway foreigner will be subject to a fine during the review. ※ If the employer wishes to rehire, the foreign worker and the employer must prepare the relevant documents and apply in person at the competent immigration office.
※ If it is within one month from the date of departure and there is a willingness to voluntarily leave the country, an order to leave the country will be issued after exemption from notification.
2. If more than one month has passed since the day of departure, forced deportation measures are taken in principle.
3. If the workplace is changed without obtaining permission for a change of workplace, imprisonment for up to one year or a fine of up to 10 million won is imposed.
※ When using dispatched workers, even if it is a formally permitted dispatch company, there are certain restrictions on the tasks that can be dispatched, and the employer of the dispatch company is the subject in relation to various reports.