It has been 1 year since I worked as a contract worker in Korea.
Can foreign workers receive unemployment benefits(pay)?
Hello! This is Lee-nomusa(Mrs.Lee, labor attorney) of Inomujisik!
Today, let's take a look at the unemployment benefit recipients of foreign workers.
Unemployment benefits are provided only to those eligible for employment insurance.
# 1. Social insurance system in Korea
Let's look at the social insurance system in Korea.
First, social insurance in Korea consists of health insurance, national pension, employment insurance, and industrial accident insurance.
Foreign workers are also eligible for social insurance. Among them, health insurance and industrial accident insurance are compulsory, and the national pension differs according to nationality.상
Finally, employment insurance is optional. This means that both the company and the worker must agree to join. If either party refuses, you cannot join. Therefore, unfortunately, there are not many foreign workers who subscribe to employment insurance in Korea.
# 2. Conditions for employment insurance subscription for foreign workers according to visa
| Condition | visa code (Status of residence) | How to apply |
| compulsory subscription | F-2, F-5, F-6 | Auto report by company |
| reciprocity | D-7, D-8, D-9 ※ Not available: D-1 ~ D-6, D-10 |
Auto report by company |
| voluntary subscription (optional) | C-4, E-1, E-2, E-3, E-4, E-5, E-6, E-7, E-9, E-10, F-4, H-2, etc. | If both the company and the employee agree, the company must submit an application for employment insurance to the Employment Insurance Corporation. |
※ Approval for employment insurance for foreign workers is different for each company, so you must purchase employment insurance through agreement or consultation with the company each time you change jobs.
※ However, in the case of a company that employs less than 10 workers at all times, it is possible to apply for membership from January 1, 2023.
# 3. Conditions for receiving unemployment benefits
Foreign workers who have signed up for employment insurance through agreement with the company must meet all of the following conditions to receive unemployment benefits.
① Employment insurance subscription period must be at least 180 days (Usually Saturdays are excluded for full-time workers)
② Resignation due to involuntary reasons such as contract expiration, recommended resignation, dismissal, etc.
More specifically, all of the following conditions must be met.
1. The insured unit period must be 180 days or more in total for 18 months (24 months for ultra-short-time workers) prior to the date of change
2. Be in a state of being unable to get a job (including in the case of conducting business for profit) despite having the will and ability to work
3. Actively make efforts for re-employment
4. The reason for resignation must be involuntary
However, even in the case of voluntary turnover, in the case of resignation due to difficulties in working any longer due to circumstances of the employer, although he/she has made every effort to avoid resignation, the inevitability of resignation is recognized as an exception and qualifications are granted.
A justifiable reason for leaving a job that does not restrict the eligibility for receiving benefits (Enforcement Rule Article 101 Paragraph 2 Attached Table 2) In case any of the following reasons occurs within one year before the date of resignation for more than two months When the actual working conditions become lower than the working conditions suggested at the time of hiring or the working conditions generally applied after hiring In case of unpaid wages When the wage paid for the prescribed work falls short of the minimum wage under the Minimum Wage Act; In case of violation of restrictions on overtime work under Article 53 of the 「Labor Standards Act」 In case of receiving less than 70% of the average wage before closure due to business closure In case of unreasonable discrimination in the workplace on the grounds of religion, gender, physical disability, union activity, etc. If you have been subjected to sexual harassment, sexual assault, or other sexual harassment at work against your will 3 of 2. In case of workplace harassment pursuant to Article 76-2 of the 「Labor Standards Act」
When the bankruptcy or closure of the business place is certain or a large-scale layoff is planned In the event that the employer advises the employer to retire due to any of the following circumstances, or the employee transfers due to the recruitment of those who wish to retire according to the employment adjustment plan due to the unavoidable reduction in the number of employees Transfer, acquisition, and merger of business Abolition of some businesses or conversion of industries Abolition or reduction of organizations following organizational restructuring Change of work type due to introduction of new technology, technological innovation, etc. When management deteriorates, personnel backlog, or other similar reasons occur
Difficulty commuting due to any of the following reasons In the case where the round trip takes 3 hours or more) relocation of business Transfer to a business location in a different region Relocation of residence for cohabitation with spouse or relatives to be supported When commuting is difficult for other unavoidable reasons In the case of leaving a job because leave or leave of absence is not allowed for reasons of the company during the period of nursing care for more than 30 days due to illness or injury of a parent or relative living together In the case of a workplace where a "serious accident" has occurred under subparagraph 7 of Article 2 of the Occupational Safety and Health Act, and is exposed to the same risk of disaster by failing to make corrections by the corrective period after receiving a corrective order for safety and health from the Minister of Employment and Labor related to the accident;
It is difficult for the insured to perform the duties given to the insured due to lack of physical strength, mental or physical disability, illness, injury, loss of sight, hearing, or touch, etc. In case it is objectively recognized based on the statement of opinion, the opinion of the employer, etc. In cases where it is difficult to continue work due to pregnancy, childbirth, child rearing of children under the age of 8 or under the second grade of elementary school, or compulsory service under the Military Service Act, etc. Where the business owner's business becomes illegal due to the enactment or amendment of laws, or when goods or services prohibited by laws and regulations are manufactured or sold differently from at the time of employment; When it is impossible to continue working for the company due to the arrival of the retirement age or the expiration of the contract period Other cases where it is objectively recognized that other ordinary workers would have also left their jobs under such circumstances in light of the circumstances of the insured and the workplace.
※ Please understand that the spacing or spelling is not good.
# 4. The amount of Unemployment benefit or Job search benefits
The amount of unemployment benefits you receive depends on your wages. The calculation method is as follows.
The amount of unemployment benefits = 60% of average wage before retirement X number of days of prescribed benefit
But Unemployment benefits (job search benefits) have upper and lower limits.
① Maximum(highest) amount: 66,000 won per day for workers who resigned after January 2019
② Minimum(lowest) amount: At the time of retirement, 80% of the hourly minimum wage under the Minimum Wage Act X the prescribed working hours per day (8 hours)
# 5. Period of receiving unemployment benefits
The period of receiving unemployment benefits depends on the age of the worker and the period of employment insurance coverage.
| Age and subscription period | less than 1 year | More than 1 year but less than 3 years | More than 3 years but less than 5 years | More than 5 years but less than 10 years | More than 10 years |
| Under 50 | 120days | 150days | 180days | 210days | 240days |
| Upper 50 or disabled | 120days | 180days | 210days | 240days | 270days |
※ Age is the full age at the time of retirement.
※ A person with a disability refers to a person with a disability under the 「Employment Promotion and Vocational Rehabilitation Act for Persons with Disabilities」.
※ This is for workers whose resignation date is after October 1, 2019.
In conclusion, foreign workers can also receive unemployment benefits if certain conditions are met.
Today I explained almost everything about unemployment benefits for foreign workers.
I hope that my article has been helpful to foreign workers who are struggling with their sudden resignation.
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Thank you!
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