'I will send you back to Nepal' — Your boss cannot decide that you leave Korea, and you can change companies

When does this apply?

When you hear words like these:

• "You work too slowly. I will send you back to Nepal."
• "If you do not listen, I will cancel your visa."
• "I will buy you a plane ticket. Go home."
• "I found someone else. Do not come to work from tomorrow."

It is common to be slow at work in the first months after arrival. This is not a reason for your boss to decide that you go home. If your boss threatens to "report you as a runaway," also read What to do when your boss threatens a runaway report.

What your boss can and cannot do

What the boss does	Is it allowed?	Explanation
Making you leave Korea, cancelling your visa	Not possible	Deportation and departure orders are decided by the head of the 출입국·외국인관서 (immigration office). Cancelling a stay permit is decided by the 법무부장관 (Minister of Justice). They do this only when there is a reason in the law
Ending your work contract (dismissal)	Limited	At a workplace with 5 or more workers, the boss needs a fair reason and must give written notice (Labor Standards Act, Articles 23 and 27)
Reporting the contract end to the 고용센터	The boss's duty	The boss reports within 15 days from the day the reason happened or the boss learned of it (Enforcement Rule of the Foreign Workers Employment Act, Article 14). The report may be sent on to the 출입국·외국인관서
Reporting you as a "runaway"	Only when conditions are met	Only when you are absent for 5 days or more without proper procedure, or nobody knows where you are (Enforcement Decree, Article 23)
Taking your passport or 외국인등록증 (Alien Registration Card)	Illegal	Taking your passport or 외국인등록증 is illegal

What to know in your first months (less than 3 months)

• It is hard to get dismissal notice pay. If you have worked continuously for less than 3 months, the rule "30 days' notice or 30 days of ordinary wages" does not apply (Labor Standards Act, Article 26). If you worked more than 3 months, see Dismissal notice pay.
• There is no minimum work period to apply for a remedy for unfair dismissal. At a workplace with 5 or more regular workers, even if you worked only 2 weeks, you can apply to the 노동위원회 (Labor Relations Commission) within 3 months from the day you were dismissed (Article 28).
• You get paid for the days you worked. The rule is that you must be paid within 14 days from the day you left (Article 36). This is the same at workplaces with fewer than 5 workers.
• If the reason is not your fault, it does not count toward your number of changes. A notice from the 고용노동부 (Ministry of Employment and Labor) lists these reasons. Common examples in the first months:
  • The boss signed a contract with you, but after you arrived, did not accept you or did not give you work, and it was not your fault
  • Before you finished job training, the boss ended the contract without an unavoidable reason such as downsizing or closing the business
  • The boss did not let you work for 5 days or more without paying wages or a business suspension allowance
  • You cannot keep working because the boss hit you or often insulted you (Violence, verbal abuse and sexual harassment)
• This is not the full list. These also do not count toward your number of changes: business suspension or closure; the company advising you to quit for business reasons or because of the farming or fishing off-season; the company advising you to quit for a reason that is not your fault; and unpaid wages or pay below the minimum wage as set in the notice.
• If none of these reasons applies, the change counts toward your limit (3 times in the first 3 years). The 고용센터 decides if a reason applies by looking at the situation and the evidence, so records are important. Check your own case with the 고용센터 or 1577-0071.

Steps — when you hear "I will send you back to Nepal"

1. Go to work as usual. Do not pack your things and leave on your own. If your boss tells you not to come, send a text message asking if you may come to work, and save the answer. It is important to show in writing that you want to work. If you do not go to work for 5 days or more without proper procedure, such as the boss's approval, your boss can meet the conditions to report an employment change (runaway report).
2. Record what you heard. Take screenshots of messages. If it was spoken, write down the date, time and words right away. Article 14 of the Protection of Communications Secrets Act bans recording private conversations between other people. Recording a conversation that you are part of is not banned by this article. The guide on runaway report threats mentioned above also explains how to keep records.
3. Confirm in writing. Send a text: "Are you dismissing me? From when? What is the reason?" At a workplace with 5 or more workers, ask for the reason and the date of dismissal in writing.
4. Do not sign any document right away. If you do not understand it, say: "I will read it with an interpreter and then decide."
5. Call the 외국인력상담센터 (Counseling Center for Foreign Workers) at 1577-0071. You can get counseling in Nepali. Also tell your local 고용센터 about your situation, and write down the date of counseling and the staff member's name.
6. If your contract has ended, apply for a workplace change within 1 month. The 1 month is counted from the day your work contract ended. If your boss says your contract has ended, ask the 고용센터 that same week what end date was recorded. Do not wait until an unfair dismissal case or a wage complaint is finished. Apply first. When you apply, you are registered as a job seeker, and the 3 months start from the day you apply. There may be limits on the region or industry you can move to, so check with the 고용센터. For details, see Workplace change – reasons, steps, number of changes.
7. If you are not paid, you can file a complaint for unpaid wages. You can file it online at the Labor Portal (labor.moel.go.kr). See How to report unpaid wages.
8. If someone tries to force you into a car or take you to the airport, call 112.

What to prepare

• Records of threats: recordings, message screenshots, notes by date
• Proof that you went to work: entry records, work schedules, photos of your work, names and contact numbers of coworkers
• 표준근로계약서 (standard work contract) (to check the contract period and workplace), 외국인등록증, passport (keep it yourself)
• 급여명세서 (pay slips), bank deposit records
• Photos of any documents the company asked you to sign (do not sign them)

Be careful

• If you write a 사직서, it means "you quit on your own." Then it is harder to say the company did something wrong. If the company tells you to quit, ask for a dismissal notice in writing.
• If you do not want to go home, do not accept a plane ticket or return documents. If you leave Korea, it may become hard to change workplaces or claim your wages. You decide whether to go home.
• Even if you are told to leave the dormitory, stay reachable. If people cannot contact you, it helps the boss claim that "nobody knows where you are."
• Do not miss the 1-month deadline. If you do not apply within 1 month from the day your contract ended, you must leave Korea (Foreign Workers Employment Act, Article 25, Paragraph 3). If you could not apply because of a work injury, illness, pregnancy, childbirth or a similar reason, the time is counted from the day that reason ends.
• Do not work at another company without permission. To change your workplace, you must get permission first (Immigration Act, Article 21).
• At workplaces with fewer than 5 workers, the fair reason rule, written notice and the unfair dismissal remedy do not apply. But it is still true that the boss cannot decide that you leave Korea, and you can still apply for a workplace change.

Frequently asked questions

Q. If my boss reports the contract end to the 고용센터, do I have to leave Korea right away? A. No. The report only tells the office that the contract has ended. You must leave Korea if you do not apply for a workplace change within 1 month from the contract end date, or if you do not get permission to change workplace within 3 months from the day you applied (Foreign Workers Employment Act, Article 25, Paragraph 3). If you could not apply or get permission because of a work injury, illness, pregnancy, childbirth or a similar reason, the time is counted from the day that reason ends. If your period of stay ends earlier, check with 1345 or the 고용센터 before then.

Q. I arrived in Korea 2 weeks ago. Can I change companies? A. Article 25 of the Foreign Workers Employment Act has no rule about how long you must be in Korea. If your boss ends your contract, you can apply within 1 month. But while your contract is still going on, you cannot move just because you want to. There must be a reason written in the law.

Q. My boss says they really can cancel my visa. A. Cancelling a stay permit and ordering someone to leave are the powers of the Minister of Justice and the 출입국·외국인관서. They do this only when there is a reason in the law. If you are worried, you can call 1345 and ask about your stay status.

Q. Can I be dismissed because "you work too slowly"? A. At a workplace with 5 or more workers, there must be a fair reason. Whether being slow right after arriving is a fair reason is decided by the 노동위원회 after looking at the situation. At workplaces with fewer than 5 workers, there is no remedy application system, but you can still apply for a workplace change and claim your wages.

Q. My boss says they will buy me a plane ticket. A. If you want to keep working in Korea, do not accept it. You can say: "I will talk with the 고용센터 and then answer."

Where to get help

Organization	Phone / website	What they do
외국인력상담센터 (Counseling Center for Foreign Workers)	1577-0071	Counseling on dismissal and workplace change, Nepali available, 365 days 09:00~18:00
고용노동부 고객상담센터 (Ministry of Employment and Labor Call Center)	1350	Counseling on dismissal and wages, weekdays 09:00~18:00
외국인종합안내센터 (Immigration Contact Center)	1345	Questions about stay status and leaving Korea, 20 languages, weekdays 09:00~22:00 (after 18:00, only Korean, English and Chinese)
Your local 고용센터	Depends on region	Apply for a workplace change (within 1 month after the contract ends)
노동위원회 (Labor Relations Commission)	nlrc.go.kr	Apply for a remedy for unfair dismissal (5 or more workers, within 3 months)
Police	112	When someone tries to take you by force or threatens you

• More contacts: List of places to get help