'I Will Send You to Nepal': Can the Boss Really Do This? 8 Common Questions

Common Questions

Q. What kind of mistake lets the boss send me to Nepal? A. Whatever the mistake is, the boss is not the person who decides if you leave Korea. However, depending on the mistake, the company can end the contract. If the act is a crime, it may affect your stay in Korea. For your own case, please ask 1345 or 1577-0071.

Q. I broke something at work. Can they send me back to my country? A. The boss cannot decide that you must leave Korea because you broke something. Paying for the damage is a separate matter. However, in principle, the company cannot take the money for the damage directly from your wages. Please see Deductions from wages that are illegal.

Q. The boss tells me to leave because I work slowly. A. At a workplace with 5 or more workers, dismissal needs a valid reason. The 노동위원회 (Labor Relations Commission) decides if being unskilled right after arriving in Korea is a valid reason. You can file a 구제신청 (remedy application, a request to fix an unfair dismissal) within 3 months from the day you were dismissed. Workplaces with fewer than 5 workers do not have this remedy application system. Whatever the size of the workplace, you can apply for a workplace change within 1 month from the day the contract ended, and you can also claim your wages. Do not wait for the result of the remedy application. Apply for the workplace change first.

Q. I have been in Korea for 2 weeks. If I am forced out, is it all over? A. No. Article 25 of the 외국인고용법 (Foreign Workers Employment Act) has no condition about how long you have been in Korea since you entered. If the boss ends the contract, you can apply for a workplace change within 1 month from the day it ended. People who entered Korea in September 2023 or later have limits on the regions and industries they can move to. For your own case, please check with the 고용센터, 1350 or 1577-0071.

Q. What happens if the boss cancels my contract in the middle of the 3 years? A. Within 1 month from the day the contract ended, apply for a workplace change at the 고용센터 that covers the area of the company where you worked. Then, within 3 months from the application date, get a 근무처 변경허가 for a new company. The permit fee is 12만 원 (120,000 won), and you start work after the permit is given. If you miss this deadline, you must leave Korea. If a work injury or work accident, illness, pregnancy, childbirth or a similar reason stops you from applying or getting the permit, the time is counted from the day that reason ended. The 고용센터 decides if this applies to you and how many days you have left. The limit on workplace changes is 3 times in the first 3 years and 2 times in the re-employment period. If it is accepted that you moved because of the boss's fault, the move does not count toward this limit. The 고용센터 decides if it is accepted. When you have used all your changes, you cannot move any more, so please check how many you have left with the 고용센터 or 1577-0071.

Q. The boss says, "I will file a runaway report." A. The official name of the 이탈 신고 (runaway report) is 고용변동 신고 (report of employment change). A boss can report you as a runaway when you have been absent for 5 days or more without following proper procedure, or when nobody knows where you are. If you are going to work, you do not meet these conditions. The report of employment change that a boss files when a contract has ended is not a runaway report. Please see Runaway report threats.

Q. The 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, "고용센터와 상의한 뒤 답하겠습니다" (I will answer after I talk with the 고용센터).

Q. The boss tells me not to come to work from tomorrow. A. If there is still time left on your contract and this means you should stop coming, it is a dismissal. A contract that ends on the end date written in the contract is a contract expiry, and in this case there is no 해고예고수당 (dismissal notice pay). If it means you should rest for a short time because there is no work, it may be a 휴업 (temporary work stoppage). At a workplace with regularly 5 or more workers, you should in principle receive at least 70% of your average wage (휴업수당, work stoppage pay). This rule does not apply to workplaces with fewer than 5 workers. If the contract has a rule about this, you receive what the contract says. If you were not told about the dismissal 30 days before, you should in principle receive at least 30 days of 통상임금 (ordinary wage, your regular fixed pay) as 해고예고수당. This pay also applies to workplaces with fewer than 5 workers. If you have worked for less than 3 months, you cannot receive it. There are also other exceptions, such as when you caused great damage to the company on purpose. If you stop going to work without saying anything, the company may claim that you were absent without permission or ran away. If you are absent for 5 days or more without following proper procedure, the company can report this to the 고용센터. Ask by text message, "출근해도 됩니까?" (May I come to work?), and save the reply. However, if you are in danger, for example from violence, first go to a safe place and call 112. Please see Dismissal notice pay.

Where to Get Help

• 외국인력상담센터 (Foreign Workforce Counseling Center) 1577-0071 (Nepali available, 365 days a year, 09:00~18:00. On Saturdays and public holidays only duty staff work, so there may be no Nepali counselor)
• 외국인종합안내센터 (Immigration Contact Center) 1345 (Nepali from Monday to Friday, 09:00~18:00)
• 고용노동부 (Ministry of Employment and Labor) customer counseling 1350 (Korean, weekdays 09:00~18:00)
• Emergency 112/119