Mitra KoreaCan I not change workplaces without a 'letter' from my boss? — What you need is not the boss's signature, but the 'end of contract' and an employment change report
There is no document called a 'release letter' in the law. A workplace change goes forward when your employment contract has ended and your boss files an employment change report (within 15 days). You check this at the 고용센터 (Job Center).
Quick summary
- Many people think, "If my boss does not give me a letter, I cannot change companies." There is no document called a 'release letter' in the law.
- To change workplaces, you need two things: ① the fact that your employment contract has ended, and ② the employment change report (고용변동신고) that your boss sends to the 고용센터 (Job Center) (within 15 days from the day the reason happens).
- When your boss says "There is no paper, it happens automatically (auto)," it usually means they file the employment change report online (EPS). This may not be a lie. But you must check with the 고용센터 that the report was filed.
- If you want to quit and your boss agrees to end the contract (mutual agreement to end the contract), you can change companies. But as a rule, this counts toward your number of changes. If you change because of your boss's fault (unpaid wages, violence, breaking the contract, etc.), it does not count.
- Within 1 month from the day your contract ended, apply for a workplace change at the 고용센터 that covers the area where your workplace was.
When does this apply to you?
- When your boss says "I can't give you a letter" or "There is no paper like that"
- When your boss says "I will send a message to the labor ministry, it happens automatically"
- When you want to quit and are asking your boss for a signature
- When you got a photo of a paper your boss signed, but you do not know if it is the right document
- When you were told your contract ended, but the 고용센터 says "There is no record yet"
What the 'letter' really is: know the difference between two documents
1. Employment change report (고용변동신고 — what your boss sends to the 고용센터) When an employment contract ends or is cancelled, the employer must send an employment change report to the 고용센터 within 15 days. They can visit and submit it on paper, or do it online on the EPS website. When this report goes in, the 고용센터 computer system gets a record that says "this worker's contract has ended." When your boss says "it happens automatically," they usually mean this. It is not a paper that the worker carries. So you do not need to worry that "I did not get a letter." What you need to worry about is whether the report was really filed.
2. Agreement to end the employment contract (signed by the boss and the worker) When you want to quit first and your boss agrees, you may sign a paper that says you both agree to end the contract. The name of the form is different at each company or 고용센터 (agreement, consent form, confirmation, etc.). This paper is not a required document under the law. It is proof that there was an agreement. The 고용센터 may ask for this paper, or it may process your case with only the boss's employment change report. Ask the 고용센터 which one they need.
Warning: this paper is different from a 'resignation letter' (사직서). If you sign a resignation letter that says "I resign for personal reasons," it means "I quit by my own choice." If you want to change because of your boss's fault, never sign it. See When your boss forces you to sign a resignation letter.
Do I really need my boss's agreement?
There are three reasons for a workplace change.
| Reason | Boss's agreement | Count |
|---|---|---|
| ① Boss ends the contract or refuses to renew it / both sides agree to end the contract | The boss is ending the contract, so the boss's side files the report | Counted |
| ② Boss's fault: unpaid wages, violence, breaking working conditions, business closed or temporarily stopped, unfair treatment, etc. | Not needed (the 고용센터 decides based on evidence) | Not counted |
| ③ You were injured and cannot do this company's work, but can do other work | Not needed (decided by a medical certificate) | 고용센터 checks |
So you really need your boss's agreement only when you want to quit for your own reasons. In this case, if your boss refuses, it is hard to change during the contract period. But if there is boss's fault — like unpaid wages, work different from the contract, housing problems, or verbal abuse — you can apply without your boss's agreement. See Workplace change – reasons, steps, number of times and A dangerous company where you keep getting hurt.
Steps: when your boss agrees
- Set the contract end date. Send your boss a text: "Is it correct that the employment contract end date is ○ month ○ day?" Get an answer and save it. The date must stay on record.
- Ask your boss to file the employment change report. Say or text in Korean: "고용변동신고를 15일 안에 고용센터에 해 주세요(goyong-byeondong-singoreul sibo-il ane goyongsenteo-e hae juseyo)" ("Please file the employment change report with the Job Center within 15 days").
- Within 1 month from the day after the end date, go to the 고용센터 that covers the area where your workplace was. Bring your 외국인등록증 (Alien Registration Card), passport, 근로계약서 (employment contract), and the texts between you and your boss. See Which 고용센터 do I apply at?.
- At the 고용센터, ask: "Has the employment change report been received?" If it has not been received, the 고용센터 will check with the employer. The texts you sent to your boss are evidence.
- When your job seeker registration is done, you get a 구직등록필증 (job seeker registration certificate). From that day, you must find a new company within 3 months. See How to read the 구직등록필증.
- Within 14 days from the day you left, you receive your remaining wages and 퇴직금 (severance pay). You get this money no matter how you left.
Steps: when your boss only says "it happens automatically" and there is no paper
- Confirm your boss's words again by text. "When did you file the employment change report? At which 고용센터?" Save the answer.
- About 1 week after the end date, call the 고용센터 or 1350 and ask if the report came in. If you need Nepali, call 1577-0071 and ask for a 3-way call.
- If the report has not come in, do not wait. Go to the 고용센터 yourself. The 1-month deadline is a deadline you must keep. Even if your boss reports late, your deadline does not get longer.
- If your boss delays the report and says "Come back to work," ask them to decide in writing whether the contract has ended or not. If you stop going to work while things are unclear, the company may claim you were absent without permission or that you ran away from the workplace. See When your boss threatens to 'report you as a runaway'.
What to bring
- 외국인등록증, passport
- 근로계약서 (standard employment contract)
- Texts and KakaoTalk messages with your boss (end date, promise to report)
- If you have a paper your boss signed, the original and a photo
- 급여명세서 (pay slips), bank deposit records (if wages are unpaid)
Things to be careful about
- "Once I get the letter, it's done" is not true. Even if you have a paper, you must go to the 고용센터 within 1 month.
- Know the difference between a resignation letter and an agreement. Do not sign Korean papers if you do not understand what they say. Take a photo, ask 1577-0071, and then sign.
- A change your boss agreed to counts toward your number of changes. It is 3 times in the first 3 years. When you use all of them, you cannot change anymore. If there was boss's fault, it is better to apply for that reason. Collect evidence first.
- If your boss says "I'll write you a letter if you pay me," refuse and report it to 1350. There is no reason to pay money for a document that is not in the law.
- If you want to move to another region, there may be limits by region or industry. See Region conditions for workplace change.
Frequently asked questions
Q. What does the paper my boss signs look like? Is there a sample photo? A. The law does not set a form, so there is no fixed look. Usually it has the company name, your name, the contract end date, a sentence like "We agree to end the employment contract," and the boss's signature (stamp). If the 고용센터 wants a certain form, the 고용센터 will tell you. Whether the employment change report was filed is more important than how the paper looks.
Q. If my boss does not file the report, can I never change? A. No. Go to the 고용센터, explain how your contract ended, and give evidence (texts, notice of dismissal, being told not to come to work, etc.). The 고용센터 will check with the employer. If your boss did not keep the duty to report, that is the boss's problem. But you must keep your own deadline (1 month), so do not wait. Go.
Q. My boss wrote a reason that is bad for me, like "cannot work because of a hand injury." Will the next company see it? A. We could not confirm from official sources what information the 고용센터 gives to the next employer when it matches you with a job. If you are worried, when you register as a job seeker, ask the 고용센터 staff directly: "Does this reason affect job matching?" For the steps to change because of health reasons, see When you want to change companies because you are sick.
Q. My contract ended, but my boss reported after more than 15 days. Does my 1 month also get longer? A. No. The 1 month is counted from the day your employment contract ended. Even if your boss is late, your deadline stays the same. That is why it is important to fix the end date by text.
Q. Do I need a report even when I leave because my contract period ended (expired)? A. Different sources explain this differently. Even if you leave because the contract expired, the 고용센터 will tell you how to process it. Ask the 고용센터 or 1350 before the expiry date.
Where to get help
| Organization | Phone | What they help with |
|---|---|---|
| 외국인력상담센터 (Foreign Workers Counseling Center) | 1577-0071 | Workplace change counseling, many languages including Nepali, 3-way calls, 365 days 09:00~18:00 (on Saturdays and public holidays, staff on duty) |
| 고용노동부 (Ministry of Employment and Labor) Customer Counseling Center | 1350 | Checking the employment change report, workplace change steps |
| 외국인종합안내센터 (Immigration Contact Center) | 1345 | Stay (visa) counseling, Nepali on weekdays 09:00~18:00 |
| 고용센터 that covers the area where your workplace was | Which 고용센터 do I apply at? | Job seeker registration, checking if the report was received |