Mitra KoreaChanging Companies and the Boss's Signature: 10 Common Questions
These are questions we often receive. This guide explains, for E-9 workers, when you can change companies even if the boss does not sign, the application deadlines, and which 고용센터 (Job Center, the government employment office) to use.
Quick Summary
- This guide is for E-9 workers. These are topics we often receive through our site, WhatsApp, and TikTok.
- No document called a 'letter' (레터) exists in the law. What matters is the fact that your contract has ended and the boss's 고용변동신고 (employment change report).
- If the boss is at fault or you have a health reason, you can apply without the boss's consent. 고용센터 (Job Center, the government employment office) makes the decision. For some reasons, such as 임금체불 (unpaid wages), you must apply before 4 months have passed from the day the problem ended. The amount and number-of-times standards for unpaid wages are in the first question below. Please check with 고용센터, 1350, or 1577-0071 in advance.
- If you want to quit during the contract period for your own personal reasons, you need the boss's consent. Get this consent by text message and keep it.
- In principle, you must apply within 1 month from the day your contract ended, and you must get the 근무처 변경허가 (workplace change permit) for a new company within 3 months from the application date. If you miss these deadlines, you become subject to leaving Korea. If a work accident, an illness, pregnancy, childbirth, or a similar reason stopped you from applying or getting the permit, the period is counted from the day that reason ended. 고용센터 decides whether this applies to you and how many days you have left.
Common Questions
Q. My boss will not sign. Does that mean I cannot change companies? A. It depends on the reason. You can apply without the boss's consent if the boss is at fault, for example unpaid wages, violence, or breaking the contract. You can also apply without consent if you are sick and cannot do your current job but can do other work. 고용센터 makes the decision. Unpaid wages have a standard. For example, the boss did not pay 30% or more of your monthly wage, or paid it late, and more than 2 months passed. It also counts if this happened 2 or more times. For 10% or more, the standard is 4 months or 4 times. Apply while the wages are still unpaid, or before 4 months have passed from the day the non-payment ended. If your contract has ended, also meet the deadline of 1 month from the day the contract ended. If you want to quit during the contract period for your own personal reasons, you need the boss's consent. Get the consent and the end date by text message and keep them. If you are leaving because your contract period is ending, ask 고용센터, 1350, or 1577-0071 before the end date. Do not stop going to work without saying anything. If you are absent for 5 days or more without following proper procedure, the boss can report you to 고용센터. First, talk to 고용센터 or 1577-0071. But if you are in danger because of violence or a similar problem, first go to a safe place and call 112. See Can I not change companies without the boss's 'letter'?.
Q. My boss says, "If you send a message to 노동부 (the Labor Ministry), it happens automatically." Is this true? A. The boss may mean that the 고용변동신고 is done online. This may not be a lie. But it is safer to check yourself whether the report was made. You can ask 고용센터, 1350, or 1577-0071. If your contract has ended and the report has not been made, do not wait. You can explain your situation to 고용센터 and apply for 사업장 변경 (workplace change). Even if the boss reports late, the 1-month deadline counted from the day the contract ended does not get longer.
Q. What is the title of the paper the boss gives me? Is there a sample? A. The law does not set a form, so there is no fixed format. The title is different for each company or 고용센터 (for example 합의서 (agreement), 동의서 (letter of consent), 확인서 (confirmation)). It usually includes the company name, your name, the end date, a sentence of agreement, and the boss's signature. 고용센터 may ask for this paper or for a document such as the 「사업장변경 사유 확인서」 (confirmation of the reason for workplace change), so please ask 고용센터. Whether the report was made is more important than how the paper looks.
Q. Can I sign a 사직서 (resignation letter)? A. You have no duty to write a 사직서. If you want to change companies because the boss is at fault or because of a health reason, do not sign it. Also do not sign it when the boss tells you to leave and asks for your signature. In other cases too, ask 1577-0071 or 1350 first, before you sign. It may be recorded as "I quit by my own choice." See Being forced to sign a resignation letter.
Q. Which 고용센터 do I go to? My friend lives in another area. A. It is the 고용센터 in charge of the area of the company where you worked, not the area where you live. If it is far away, first ask 1350 or 1577-0071. If you move to your friend's home, make a 체류지 변경 신고 (report of change of address) within 15 days from the day you move in. The 1-month and 3-month deadlines keep running even if you move. See Which 고용센터.
Q. After I quit, what do I do first? A. Confirm the end date by text message, and apply for 사업장 변경 at 고용센터 within 1 month from the day your contract ended. Please check how to apply with 고용센터, 1350, or 1577-0071. The order of steps is in What to do from the day after you quit.
Q. Can I choose the new company myself? A. You can look for a new company only through 고용센터 알선 (job referral by 고용센터). People who newly entered Korea in September 2023 or later can change only within a certain region and type of industry. Please check your own case with 고용센터, 1350, or 1577-0071. When you get a referral, check the industry, work location, dormitory, wage, and working hours. We did not find a rule that gives penalty points for refusing a referral, but the 3 months counted from the application date keep running. When a new company is decided, you get the 근무처 변경허가. The fee is 12만 원 (120,000 won), and you start work after the permit is issued. See How to choose a company.
Q. My boss wrote a bad reason for the change. Will the next company see it? A. Your workplace change history stays in the 고용센터 computer system. The 2023 reform plan of 고용노동부 (Ministry of Employment and Labor) includes giving employers more information about the reasons for changes and the change history. However, official materials have not confirmed whether the exact sentences your boss wrote go to the next company. Ask the staff member directly when you do your 구직등록 (job seeker registration).
Q. How many times can I change companies? A. 3 times in the first 3 years, and 2 times in the re-employment period. If it is accepted that you changed because the boss was at fault, it does not count toward this number. 고용센터 decides whether it is accepted. In principle, it counts if you end the contract with the boss's consent or change because of a health reason. If you use all your changes, you cannot change any more, so please check how many you have left with 고용센터, 1350, or 1577-0071.
Q. Can I quit and then visit Nepal? A. The 3-month job search period, counted from the day you applied, keeps running while you are out of Korea. If you have not applied yet, the 1-month application deadline, counted from the day your contract ended, may also keep running while you are out of Korea. Before you go, please check with 고용센터 or 1577-0071. See When you visit Nepal for a short time.
Where to Get Help
- 고용노동부 customer consultation 1350 (Korean, weekdays 09:00~18:00)
- 외국인력상담센터 (Foreign Workforce Counseling Center) 1577-0071 (Nepali available, 365 days 09:00~18:00. On Saturdays and public holidays, only duty staff work, so a Nepali counselor may not be available)
- Emergency 112/119
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