When you are sick and want to change your workplace: changing for health reasons without your employer's consent, and the medical certificate

When does this apply?

The law sets three reasons for changing your workplace. The basic information is in Workplace change – reasons, process, number of changes. This article is about the third reason.

"When, because of an injury or similar, you are not fit to keep working at your current workplace, but you are recognized as able to work at another workplace" (Foreign Workers Employment Act, Article 25(1)3; Enforcement Decree, Article 30(1))

There are two conditions.

1. If you keep doing your current work, your body will get worse.
2. You can do a different kind of work.

For example: you stand all day and bend your back at work, so your back, legs and neck hurt. But you can do work where you sit, or where you can change your position. For this reason, it does not matter whether your work caused the illness or not. But if your work did cause it, you can also apply for industrial accident compensation.

On the other hand, if you are so sick that you cannot do any work, this reason does not apply. Treatment comes first. In this case, look at Industrial accident claim.

You do not need your employer's consent. You write the application form yourself. The 고용센터 looks at your medical certificate and decides. If the center needs to check something with the company, the center contacts the company directly.

Process

1. Go to a hospital. For pain in the back, neck, legs or shoulders (musculoskeletal), go to orthopedics (정형외과), rehabilitation medicine (재활의학과), or pain medicine (통증의학과). If you need a doctor's opinion on the link between your work and your illness, the occupational and environmental medicine department (직업환경의학과) at a large hospital is good. If you are also thinking of an industrial accident claim, go to an industrial accident insurance medical institution (산재 지정병원, designated hospital). The hospital can submit the claim for you. For how to use a hospital, see the Hospital guide.

2. Tell the doctor this. You can also show them the sentence below.

   "I am sick because of my work. I need a medical certificate for a workplace change. Please write your opinion that long hours of standing and bending work are not suitable for me, and that I can work at another workplace."

   Explain clearly: since when, in what position, and how many hours a day you work, and where and how it hurts. If talking is hard, call 1345 and ask for three-way interpretation.

3. Get the medical certificate. The certificate must include these three things.

   • The name of the illness (with the disease code)
   • The opinion that your condition will get worse if you keep doing your current work
   • The opinion that you can do a different kind of work (at another workplace)

   By law, a medical certificate always includes certain items (name of illness and disease code, date the illness started and date of diagnosis, treatment and the doctor's opinion on future treatment, etc.). Ask the doctor to write the two opinions above in the "opinion on future treatment" section. A certificate in Korean is fine. You do not need an English one.

4. Go to the 고용센터. Take your medical certificate, 외국인등록증 (Alien Registration Card) and 근로계약서 (employment contract) to the 고용센터 in charge of the area where your company is located. The workplace change application form (Form No. 13 or Form No. 13-2) is available at the center. There is no fee. The center accepts your application without any company documents or stamp.

5. The 고용센터 decides. If your medical certificate is not enough, the center may ask for more documents. If your reason is accepted, you are registered as a job seeker. From that day, you have 3 months to find a new company. To understand the document you get at this time, see How to read the job seeker registration certificate.

6. The 고용센터 helps you end things with the company. When your employment contract ends, the company must report the employment change to the 고용센터 within 15 days of learning the reason. Even if the company delays or refuses to report, the 고용센터 checks and handles it. You do not need to beg the company.

What to bring

• The original medical certificate (recently issued, with the three items above)
• Copies of medical records and test results (if you have them)
• 외국인등록증 (or passport)
• 근로계약서 (to check your job and type of work; see How to check your employment contract)
• Photos or videos of your work (it helps if they show the position you work in)

Important points

• It counts toward your limit. If you change for health reasons, you use 1 change out of your limit: 3 changes in the first 3 years, and 2 changes during the re-employment period. The only changes that do not count are those caused by the employer's fault (unpaid wages, violence, housing below the standard, etc.).
• If you were badly hurt because the company did not take safety measures, it may be the employer's fault. If the company broke the Occupational Safety and Health Act and you got an injury or illness that needs 3 months or more of treatment, this is a reason caused by the employer (it does not count toward your limit). In this case, you must apply before 4 months pass from the day you returned to the workplace. Ask the 고용센터 or 1350 which reason applies to you.
• Do not sign a resignation letter. If you sign a resignation letter that says "I quit for personal reasons," it may be recorded that you quit because you wanted to, not because you were sick. Then it becomes hard to get your reason accepted. Before signing, ask the 고용센터 or 1350 first.
• There are deadlines. You must apply within 1 month from the day your employment contract ended. You must get the workplace change permit for a new company within 3 months from the day you applied. If you cannot apply or get the permit because of a work-related injury or illness, the period starts from the day that reason ends. You can apply when the reason happens, even if your employment contract has not ended yet. So talk with the 고용센터 about when to apply.
• An MRI is not required. If the doctor can diagnose you by examining you, you can get a medical certificate. If the doctor suspects nerve symptoms and recommends an MRI, it is good to get the test. See the questions below.
• Also look at an industrial accident claim. A musculoskeletal disorder caused by your work is a work-related illness, so you can apply for industrial accident compensation. If it is approved, you get medical costs paid (medical care benefit) and a temporary disability benefit for the time you could not work (70% of your average wage). For questions, call 근로복지공단 (Korea Workers' Compensation and Welfare Service) at 1588-0075.

Frequently asked questions

Q. The company will not give me a letter. How do I get their signature? A. You do not need a company letter or a company signature. You write the workplace change application form yourself. It is accepted without a company stamp. The 고용센터 decides on the reason. If it needs to check something with the company, the 고용센터 contacts them.

Q. My X-ray is normal. Can I still get a medical certificate? A. Yes, you can. Problems with muscles, tendons, ligaments and nerves often do not show on an X-ray. A doctor diagnoses them by examining you and from your symptoms. Explain your symptoms and your work position in detail. If a patient they examined asks for a medical certificate, a doctor cannot refuse without a valid reason (Medical Service Act, Article 17(3)). If one hospital says it is difficult, you can see a doctor again at rehabilitation medicine or occupational and environmental medicine.

Q. An MRI costs 800,000–900,000 원. Do I have to get one? A. If it is only for the medical certificate, it is not required. But if you have nerve symptoms, such as pain that spreads down your leg, weakness, or strange feelings in your skin, the doctor will recommend an MRI. In these cases, a spine MRI is covered by health insurance, so you pay much less. As of March 2022, the amount you paid for a lower back (lumbosacral) MRI was about 95,500원 at a clinic, about 115,500원 at a hospital, and about 150,400원 at a general hospital. Simple pain without nerve symptoms is not covered by health insurance, so it can cost several hundred thousand 원. Before the test, ask: "건강보험 되나요?" ("Is this covered by health insurance?"). If it is approved as an industrial accident, treatment and test costs are, as a rule, paid by industrial accident insurance.

Q. How much does a medical certificate cost? A. By law, a general medical certificate costs at most 20,000 원. Copies of medical records are 1,000 원 for 1–5 pages. Hospitals must post these fees at the reception desk. The price of a doctor's opinion letter (소견서) is different at each hospital, so check the posted price.

Q. What if the 고용센터 does not accept my reason? A. You have three options left. ① A regular change: agree with the company to end your employment contract and then change (counts toward your limit). ② If the employer did something wrong, such as unpaid wages or not taking safety measures, apply for that reason (does not count toward your limit). ③ Get treatment first through industrial accident medical care. After your condition is settled, get a new medical certificate and apply again. To find which option is right for you, ask 1350 or the Foreign Workforce Counseling Center at 1577-0071.

Where to get help

• 고용노동부 (Ministry of Employment and Labor) Customer Counseling Center 1350 (workplace change, deciding on reasons)
• Foreign Workforce Counseling Center 1577-0071 (Employment Permit System, many languages)
• Immigration Contact Center 1345 (many languages, three-way interpretation at hospitals)
• 근로복지공단 1588-0075 (industrial accident claims)
• Your nearest 고용센터 (workplace change applications)
• More contacts: List of places to get help