โ† All articles ยท ๐Ÿ›‚ Visa

When Your Employer Says 'I Won't Re-employ You'

Re-employment is something your employer applies for, so your employer can refuse it. But the end of your contract is a reason to change workplace, and a new company can apply for your re-employment.

โœ“ Last verified 2026-10-09๐Ÿ“Ž Sources 5

Quick summary

  • Re-employment (extending your employment period by 1 year 10 months) is applied for by the employer at the ๊ณ ์šฉ์„ผํ„ฐ (Employment Center). You cannot apply for it alone, and the employer can refuse.
  • If the employer refuses, it is not the end. If your employment contract ends and the boss refuses to renew it, this is a reason to change workplace (Foreign Workers Employment Act, Article 25(1)1). But this kind of change counts toward your number of workplace changes.
  • If you sign a contract with a new company, the new company can apply for your re-employment. The condition: your employment contract must have 1 month or more left before your 3-year end date.
  • According to the ๊ณ ์šฉ์„ผํ„ฐ, the re-employment application period is from 3 months before to 7 days before your end date. After this period, it is hard to fix.
  • Saying "I will do it" is not a document. 3 months before your end date, check whether the boss "has applied". The basic re-employment process is in the re-employment guide.

When does this apply to you?

  • Your 3 years in Korea end in a few months, and the boss says "I won't re-employ you" or "I haven't thought about an extension."
  • The boss only says "I will do it", and you do not know if they applied at the ๊ณ ์šฉ์„ผํ„ฐ.
  • You are changing workplace, and your 3-year end date is close.
  • The boss asks you to accept lower pay or higher dormitory fees as a condition for re-employment.

Steps

  1. Write down two dates. โ‘  Entry date + 3 years = end date of your employment period (check your ์™ธ๊ตญ์ธ๋“ฑ๋ก์ฆ (alien registration card) and ๊ณ ์šฉํ—ˆ๊ฐ€์„œ (employment permit)). โ‘ก The end date of your current ๊ทผ๋กœ๊ณ„์•ฝ์„œ (employment contract). Check if the two dates are the same or different.
  2. 3 months before your end date, ask the boss in writing. "Will you apply for my re-employment? When will you submit it to the ๊ณ ์šฉ์„ผํ„ฐ?" Send it by text message or KakaoTalk to keep a record.
  3. If the answer is "no", go to the ๊ณ ์šฉ์„ผํ„ฐ right away. Tell them the boss refused re-employment, and check the process to apply for a workplace change after your contract ends. Also ask if the boss has already filed a ๊ณ ์šฉ๋ณ€๋™์‹ ๊ณ  (report of change in employment).
  4. Apply for a workplace change within 1 month from your contract end date. After you register as a job seeker, you must find a new company within 3 months. For job referrals and choosing a company, see the ๊ณ ์šฉ์„ผํ„ฐ referral guide.
  5. When you sign with a new company, make re-employment application a condition. There must be 1 month or more left before your 3-year end date for the new employer to apply for re-employment. It is good to write "will apply for extension of employment period" in the contract.
  6. The new employer applies for re-employment at the ๊ณ ์šฉ์„ผํ„ฐ โ†’ permit โ†’ you yourself apply for a permit to extend your period of stay at the ์ถœ์ž…๊ตญยท์™ธ๊ตญ์ธ๊ด€์„œ (Immigration Office) (ํ•˜์ด์ฝ”๋ฆฌ์•„ (HiKorea)). The fee is 60,000 ์›. You can apply from 4 months before your end date until the end date itself.

Full 4 years 10 months

Period Length Who decides
First employment period 3 years from entry date Set by law
Re-employment extension 1 year 10 months, only once Employer applies + ๊ณ ์šฉ์„ผํ„ฐ approves
Total 4 years 10 months โ€”
  • Re-employment happens only once. If you got it at your first company, you cannot get it again even if you move to another company.
  • During the re-employment period, you can change workplace up to 2 times (changes caused by the employer's fault are not counted).
  • When you finish the 4 years 10 months, you must leave Korea. After that, your options are sincere worker re-entry, general re-entry, or changing to E-7-4.

What to prepare

  • ์™ธ๊ตญ์ธ๋“ฑ๋ก์ฆ, passport, current ๊ทผ๋กœ๊ณ„์•ฝ์„œ (to check the contract end date)
  • A copy of your ๊ณ ์šฉํ—ˆ๊ฐ€์„œ, or your employment period end date checked on EPS (eps.go.kr)
  • Text messages and chats with the boss (a record of whether they will re-employ you)
  • For a workplace change application: ์‚ฌ์—…์žฅ๋ณ€๊ฒฝ์‹ ์ฒญ์„œ (workplace change application form, available at the ๊ณ ์šฉ์„ผํ„ฐ), a contact number for job seeker registration
  • For re-employment application at the new company (the employer prepares): ์ทจ์—…ํ™œ๋™๊ธฐ๊ฐ„ ์—ฐ์žฅ์‹ ์ฒญ์„œ (application for extension of employment period), the extended employment contract, ์‚ฌ์—…์ž๋“ฑ๋ก์ฆ (business registration certificate), copies of the worker's ์™ธ๊ตญ์ธ๋“ฑ๋ก์ฆ and passport

Be careful

  • "I will do it" is not an application. The employer applies by visiting the ๊ณ ์šฉ์„ผํ„ฐ or on eps.go.kr. Ask to see the application number or the receipt. There are real cases where workers lost the chance to extend because the employer made a mistake and missed the deadline.
  • It is most risky when your contract end date and your 3-year end date are the same. If you apply for a change after the contract ends, by the time you sign with a new company there will be less than 1 month left before the end date, so re-employment is not possible. Then you cannot change workplace and can only leave Korea. This is why checking 3 months before the end date is important.
  • There is one exception. If you changed workplace for a reason that is not your fault, such as business suspension or closure, and signed with a new employer, you can get a re-employment permit even if less than 1 month of contract is left before the end date. A simple contract end or refusal to renew is not part of this exception.
  • A change because your contract ended counts toward your number of changes. If you already used all 3 changes during your first 3 years, it is hard to apply for a change. Check how many changes you have left at the ๊ณ ์šฉ์„ผํ„ฐ.
  • You can refuse a demand to cut your pay as a condition for re-employment. A contract below the minimum wage (2026 hourly wage: 10,320 ์›) is invalid for that part. But if you refuse, the boss may not re-employ you, so call 1350 for advice first.
  • Even if you get a re-employment permit, the permit to extend your period of stay is separate. You must apply for it yourself. If you do only one and stop worrying, your period of stay will run out.

Frequently asked questions

Q. Is it illegal for the boss to refuse re-employment? A. No. Re-employment is the employer's choice, and the law allows an extension only "if the employer asks for it". You cannot report the refusal itself. Instead, you respond by changing workplace after your contract ends.

Q. My contracts are 1 year each, so my contract ends before my 3 years end. A. Apply for a change within 1 month after the contract ends โ†’ look for a job for up to 3 months โ†’ sign with a new company. If at that time there is 1 month or more left before your 3-year end date, the new company can apply for re-employment. It is better to decide quickly and not use all of your job search period.

Q. The boss says "I will re-employ you, but the papers later." My end date is in 20 days. A. According to the ๊ณ ์šฉ์„ผํ„ฐ, the application period ends 7 days before the end date. Ask the boss today to go to the ๊ณ ์šฉ์„ผํ„ฐ with you right away, or to apply on eps.go.kr. If this does not work, tell 1350 about your situation.

Q. Another company applied for my re-employment. Can I still become a sincere worker when my 4 years 10 months end? A. In principle, the sincere worker special rule is for people who worked without changing workplace. If you changed workplace for a reason that was not your fault, there are easier conditions. For details, see sincere worker re-entry.

Q. Can a re-employment application be rejected? A. Even if the employer applies, the permit may not be given, for example because of a past cancellation of the employment permit or because the employer is over the hiring limit. Both the employer and the worker can check the result at the ๊ณ ์šฉ์„ผํ„ฐ.

Where to get help

Organization Phone What they help with
๊ณ ์šฉ๋…ธ๋™๋ถ€ (Ministry of Employment and Labor) Customer Counseling Center 1350 Re-employment application period, workplace change advice
Foreign Workers Counseling Center 1577-0071 Conflicts with the boss, advice on re-employment refusal (18 languages)
Immigration Contact Center 1345 Questions about extending your period of stay
Employment Permit System website eps.go.kr Check employment period and employment permit, online application for employers
ํ•˜์ด์ฝ”๋ฆฌ์•„ hikorea.go.kr Online application to extend your period of stay

Related articles: E-9 re-employment and extending your stay ยท Reasons and number of workplace changes ยท ๊ณ ์šฉ์„ผํ„ฐ referrals and how to choose a company ยท Departure guarantee insurance

๐Ÿ’ฌ Have a question? Ask here

Legal basis

  • ์™ธ๊ตญ์ธ๊ทผ๋กœ์ž์˜ ๊ณ ์šฉ ๋“ฑ์— ๊ด€ํ•œ ๋ฒ•๋ฅ  ์ œ18์กฐ(์ทจ์—…ํ™œ๋™ ๊ธฐ๊ฐ„์˜ ์ œํ•œ) โ€” ์ž…๊ตญ์ผ๋ถ€ํ„ฐ 3๋…„ (Act on the Employment of Foreign Workers, Article 18 (Limit on the employment period): 3 years from the date you entered Korea)
  • ์™ธ๊ตญ์ธ๊ทผ๋กœ์ž์˜ ๊ณ ์šฉ ๋“ฑ์— ๊ด€ํ•œ ๋ฒ•๋ฅ  ์ œ18์กฐ์˜2(์ทจ์—…ํ™œ๋™ ๊ธฐ๊ฐ„ ์ œํ•œ์— ๊ด€ํ•œ ํŠน๋ก€) โ€” ์‚ฌ์šฉ์ž๊ฐ€ ์žฌ๊ณ ์šฉ ํ—ˆ๊ฐ€๋ฅผ ์š”์ฒญํ•œ ๊ฒฝ์šฐ 1ํšŒ, 2๋…„ ๋ฏธ๋งŒ ์—ฐ์žฅ (Act on the Employment of Foreign Workers, Article 18-2 (Special rule on the employment period limit): if the employer asks for a re-employment permit, one extension of less than 2 years)
  • ์™ธ๊ตญ์ธ๊ทผ๋กœ์ž์˜ ๊ณ ์šฉ ๋“ฑ์— ๊ด€ํ•œ ๋ฒ•๋ฅ  ์ œ25์กฐ์ œ1ํ•ญ์ œ1ํ˜ธ โ€” ์‚ฌ์šฉ์ž๊ฐ€ ๊ทผ๋กœ๊ณ„์•ฝ ๋งŒ๋ฃŒ ํ›„ ๊ฐฑ์‹ ์„ ๊ฑฐ์ ˆํ•˜๋Š” ๊ฒฝ์šฐ ์‚ฌ์—…์žฅ ๋ณ€๊ฒฝ ๊ฐ€๋Šฅ (Act on the Employment of Foreign Workers, Article 25(1)1: you can change workplace if the employer refuses to renew the contract after it ends)
  • ์™ธ๊ตญ์ธ๊ทผ๋กœ์ž์˜ ๊ณ ์šฉ ๋“ฑ์— ๊ด€ํ•œ ๋ฒ•๋ฅ  ์‹œํ–‰๊ทœ์น™ ์ œ14์กฐ์˜2 โ€” ์žฌ๊ณ ์šฉ ํ—ˆ๊ฐ€ ์‹ ์ฒญ ๋Œ€์ƒยท์ ˆ์ฐจ (Enforcement Rule of the Act on the Employment of Foreign Workers, Article 14-2: who can apply for a re-employment permit, and how)

Sources

View Korean original