'Go work on my other farm' — Even with the same boss, you can say no to work outside your contract

When does this apply?

• Your boss owns two farms and tells you to work at the other farm, which is not in your contract
• Your boss says, "My brother's (family's) farm needs workers. Just help for a few days."
• In the season with no work, your boss says, "Go work on another farm and come back."
• A factory boss tries to send you to a company with a different name, or to a factory in another area

This guide is about other workplaces your boss sends you to. If you yourself take a part-time job somewhere else, see Side jobs and delivery work are illegal on E-9.

The rule is about the "workplace", not the "boss"

• 출입국관리법 (Immigration Act) Article 18(2): a foreigner with a work visa cannot work anywhere except the designated workplace.
• To change or add a workplace, you must get permission from the Minister of Justice in advance (Article 21). You cannot work first and get permission later.
• Article 25 No. 2 of the Enforcement Decree of the 외국인고용법 (Foreign Workers Employment Act) says this is a reason to ban an employer from hiring: making a worker work "outside the business or workplace written in the employment contract."
• So the question to ask is not "Is the owner the same?" The question is "Is this the workplace written in my employment contract?"

How to check

1. Look at the company name and address in the employer section at the top of your standard employment contract. Also check what is written in section 2. Place of work and the sentence that bans other work.
2. Compare the name and address of the farm or factory you are told to go to with your contract.
3. If they are different, ask 고용센터 or 1577-0071 before you work there.
4. Sometimes it is confusing, for example when one farm has fields or greenhouses in several places. In this case too, do not just trust what your boss says. Check with 고용센터.

What happens if you work there?

The worker

• If you work at a place that is not your designated workplace, you can face up to 1 year in prison or a fine of up to 10 million 원 under Article 95 No. 5 of the Immigration Act.
• 출입국·외국인관서 (Immigration Office) can send you a notice to pay a fine (Article 102). The fine amounts are in the side job guide.
• You can also be deported (forced to leave Korea) (Article 46(1) No. 8 and 9).
• The law has no exception that says "It is OK if the boss told you to."

The boss

• 고용센터 can ban an employer from hiring foreign workers for 3 years if the employer made a worker work outside the workplace in the contract (Foreign Workers Employment Act Article 20(1) No. 4, Enforcement Decree Article 25 No. 2).
• A person who hires a foreigner who does not have permission to change or add a workplace can also be punished under Article 95 No. 6 of the Immigration Act.

An option that opens for the worker

• If the boss really made you work outside your contract and gets a hiring ban, you can move to a new workplace if you want. 고용센터 must tell you that you can move (Ministry of Employment and Labor Notice, Article 3 No. 2).
• This is a "reason that is not the worker's fault". So it is not counted in your number of workplace changes (Foreign Workers Employment Act Article 25(4)). For the steps, see Workplace change – reasons, steps, number of changes.
• If you only said no and did not work there, this reason does not happen. Working at another place is also a violation by the worker, so do not work there just to use this option.

Is there a legal way?

1. Work at the workplace written in your contract. This is the safest way.
2. If another workplace needs workers, the boss must follow the official process. How to find workers for that farm or factory is for the boss to discuss with 고용센터. If you need to move, first get a workplace change and permission to change your workplace.
3. Farming (crop growing) has a "workplace addition system". A 2022 notice (during COVID-19) from the Cheonan branch of 고용노동부 (Ministry of Employment and Labor) said:
   • Who: E-9 workers working in crop growing on the day of application
   • You keep your contract with your original workplace (unpaid leave). You sign a contract with another employer for at least 2 months and up to 4 months, work there, and then return to your original workplace.
   • You apply through 농협중앙회 (National Agricultural Cooperative Federation, the agency handling it). You start work only after you get permission to add a workplace from 출입국·외국인관서.
   • It is not counted in your number of workplace changes.
4. A September 2024 press release from 고용노동부 described this as a system "already used in farming" and said it would also start for forestry. However, the current conditions, and whether it can be used for another farm of the same boss, have not been confirmed in official materials. Check with your local 고용센터 or 1577-0071.

Whatever the way, the order is the same. Permission comes first. Work comes after.

Steps: when your boss tells you to work somewhere else

1. Check your contract. Take photos of the company name and address section and the place of work section.
2. Speak politely. For example: "This place is not in my contract, so I cannot work there. Please check with 고용센터 first."
3. Write down the order. Write the date, time, who told you, and where they told you to go. Send a text message or KakaoTalk message asking, "Did you tell me to go and work at ○○ farm?" and keep the reply.
4. Keep going to work at your original workplace. If you stop going to work because you are angry, you may have problems with absence without leave or being reported as having left your workplace. If your boss says, "There is no work here, so stay home," it may be a shutdown allowance issue. See Even if sent home for lack of work, you get 70% shutdown allowance.
5. Get advice. Explain your situation to 1577-0071 (Nepali available) or your local 고용센터. For questions about your stay or permits, ask 1345.
6. If you are treated unfairly, write it down. If your boss cuts your pay, fires you, or says, "I will report you for leaving your workplace," collect evidence and ask 고용센터 or 1577-0071 about a workplace change. For dealing with threats, see When your boss threatens to report you for leaving.
   • Do not sign a resignation letter or any paper saying "I quit by myself". Get advice first.
   • When your employment contract ends, you must apply for a workplace change within 1 month from the day it ends. As a rule, you apply at the 고용센터 in charge of the address of the workplace where you worked. If you are not sure where to apply, see Which job center do I apply to? or check with 1577-0071.

If you already worked at another farm

1. Stop that work right away.
2. Write down when, where, and how many days you worked, and who sent you.
3. As a rule, you should be paid for the hours you worked. If you were not paid, call 1350 for advice.
4. If you report that you already worked there, your own violation may also be found. You can first get advice from 대한법률구조공단 (Korea Legal Aid Corporation) at 132 or from 1577-0071.
5. Do not decide alone. Tell the facts honestly to 1345 or 고용센터 and get advice.

What to prepare

• Standard employment contract (copy or photo)
• 외국인등록증 (Alien Registration Card), passport
• Records of the order: screenshots of text or KakaoTalk messages, notes with the date and place
• If you worked somewhere else: the dates you worked, the address of that place, photos
• 급여명세서 (pay slips), bank deposit records

Things to be careful about

• "It is OK because it is the same boss" is not the legal rule. The rule is the workplace written in your contract and permit.
• The law has no exception for short periods. Even working for one day can be a problem.
• A farm in the name of your boss's family member or relative is the same: if it is not the workplace in your contract, you cannot work there.
• Adding a workplace needs permission in advance. Applying after you have worked is not accepted.
• If, after you say no, you are told to leave the dormitory or to quit, do not pack your things and leave alone or sign a resignation letter. Get advice first.

Frequently asked questions

Q. My boss has two farms. Is it illegal to work on the other farm, not the one in my permit? A. If it is not the workplace written in your contract, it can count as working at a place that is not your designated workplace. This is true even if the boss is the same. You, the worker, can also be punished and deported, so check with 고용센터 or 1577-0071 before you work there.

Q. It is the same farm, but the fields are in several places. Can I not work in the other fields? A. What matters is whether that field is part of the workplace in your contract. If the address is different from your contract or you are not sure, ask 고용센터.

Q. I think my boss will get angry if I say no. A. Making you work outside the contract is a violation by the boss. If you do that work, it can also be a violation by you. So saying no is the right thing to do. If your boss cuts your pay, fires you, or threatens you because you said no, you can collect records and ask 고용센터 or 1577-0071 about a workplace change.

Q. My boss says I can earn more money by working on another farm in winter when there is no work. A. You must not do this without permission. Crop growing has a workplace addition system, where you get permission in advance and work on another farm for a limited time. Check with 고용센터 or 1577-0071 whether you can apply now.

Where to get help

Organization	Phone / website	What they help with
외국인력상담센터 (Foreign Workers Counseling Center)	1577-0071	Advice in many languages including Nepali, 365 days a year 09:00~18:00 (on Saturdays and public holidays, staff on duty)
고용센터	The 고용센터 in charge of the address of your workplace (Which job center)	Checking your workplace, applying for a workplace change, questions about adding a workplace
고용노동부 고객상담센터 (Ministry of Employment and Labor Call Center)	1350	Advice on wages and working conditions, weekdays 09:00~18:00
외국인종합안내센터 (Immigration Contact Center)	1345	Questions about your stay and workplace permits, 20 languages (including Nepali), weekdays 09:00~22:00 (closed on public holidays; after 18:00 only Korean, English, Chinese)
대한법률구조공단	132	Legal advice
하이코리아 (HiKorea)	www.hikorea.go.kr	Visa and stay services