are you still not sure about returning ... - mail.poea.gov.ph
TRANSCRIPT
Attention all rehired foreign workers planning to return homedue to the expiry of employment period!
Are you still not sure about returning home?You do not have to worry about it anymore.
Let us introduce you faster and easier re-entry procedures for all voluntary returnees.
Re-entry System for Committed Workers and the SpecialEPS-TOPIK are designed to meet the demands of foreignworkers for re-employment, and of employers for skilledforeign workforce.
Let's find out more about them!
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www.eps.go.kr
Re-entry System for Committed Workers … 5
Special EPS-TOPIK … 15
Appendix … 25
Contact information for Relevant Agencies & Organizations
- Job centers- Counseling centers for foreign workers
20 Questionson Incentive Re-entry Employment Systems
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M i n i s t r y o f E m p l o y m e n t a n d L a b o r
10 Questions on Re-entry System for Committed Workers
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06 10 Questions on Incentive Re-entry Employment Systems for Voluntary Returnees
What is Re-entry system for committedworkers?
It is an incentive policy measure, which allows EPS workers
who fully completed their term of employment for four (4) years
and ten (10) months without changing employment, to reenter
three (3) months after departing from Korea and return to the
last workplace before the departure.
Q.
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07Re-entry System for Committed Workers
Who is eligible for the re-entry system?
Foreign workers who▶came to Korea under the EPS,
▶ worked at a company without changing employment,
※ Eligibility extended to the employment changes not attributed to the worker
due to the temporary shutdown or closure of business, that are officially
announced by the Minister of Employment and Labor, but the worker must
maintain his/her employment with the last employer for at least one (1) year.
▶ renewed the initial employment and finished the re-employment after 2 July 2012,
▶ agreed that a re-entry employmnet permit to be filed by their employers, and
▶ returned home voluntarily within the expiration of their re-employment period.
Q.
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08 10 Questions on Incentive Re-entry Employment Systems for Voluntary Returnees
Which industries are qualified for there-entry employment permitapplication?
Companies within agriculture&livestock and fishery industries,and manufacturing companies with less than or equal to 30employees (less than or equal to 50 employees for basicindustries) are qualified for the permit application. However,the companies must take note that the number of employmentpermits issued for re-entering workers is included in the totalnumber of the permits allocated to each company for the year.In addition, all application requirements must be met, exceptfor providing proof of attempts to hire Korean citizens.
Q.
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09Re-entry System for Committed Workers
Q.
Q.
Required documents :
What are the procedures for the permitapplication?
Employers submit the application by visiting a local job centerin the district from as early as thirty (30) days to seven (7) daysprior to the expiration of their employees' employment period.
Re-entry employment permit application form for returning workersA copy of the Standard Labor ContractA copy of the employee's alien registration card and passportEmployee's Departure Card
When do the workers depart from Korea?
Workers' departure should take place after receiving a re-entryemployment permit, but must be within the expiration of theiremployment term.
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10 10 Questions on Incentive Re-entry Employment Systems for Voluntary Returnees
How do the re-entry proceduresproceed?
Workers must report to the sending agency within seven (7)days of arriving in their home country. This must be done inorder for their employers to apply for CCVI. Medicalexamination will be supervised by the sending agency upon theissuance of the CCVI. The workers will be able to re-enterKorea in groups after three (3) months into the re-entryprocedure proceeded by the HRD Korea (Individual re-entry isnot permitted).
After going through an additional medical examination andbuying insurances for foreign workers, they will be handed overto their employers and start working from the following day.
Q.
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11Re-entry System for Committed Workers
What are the benefits of re-enteringthrough the system?
Workers are given exemptions from the EPS-TOPIK and jobtraining, and allowed to re-enter, regardless of their age.
※Employers are not required to provide proof of attempts to hire Korean
workers.
What will be the permitted employment term for the workers if they re-enter through the system?
Workers are initially allowed to work for three (3) years, whichis the same length of time given to them when they arrived inKorea for the first time. The term can be extended for less thantwo (2) years (1 year and 10 months, to be exact), if theiremployers receive a re-employment permit from the Ministerof Employment and Labor of Korea.
Q.
Q.
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12
What will be different from theprevious employment?
Workers who re-enter through the system are subject to thesame employment procedures that were applied during theirprevious employment, including the extension of employmentterm and re-employment.
Can the workers work in differentindustries or business?
Workers are not allowed to work in other industries since theirre-entry employment permit is granted under the condition ofgoing back to their previous workplace.
Q.
Q.
10 Questions on Incentive Re-entry Employment Systems for Voluntary Returnees
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Re-entry System for Committed Workers 13
Agency/Organazation Procedures Contents
Re-entry System for Committed Workers
Employer
Job Center
Application
Issuance ofemployment permit
- Submit a re-entry employment permit application(from 1 month to 7 days prior to the expiration ofthe current employment contract)
- Issue an employment permit (within 7 days)
Employer
Entrustingapplication for
receiving process &CCVI application
- Submit an application for entrusting an agencywith receiving process and make payment for theservice- Apply for a CCVI at an immigration office of theMinistry of Justice (MOJ) after reporting arrival tothe sending agency of the worker's home country.
HRD Korea Arranging entryschedule
- Inform the sending agency and the EPS center in thecountry of the transferred CCVI from the MOJ- Establish the worker's entry schedule and informthe sending agency of the plan to enable the worker tore-enter three (3) months after departing from Korea
Worker &Sendingagency
Arrival report &departure
preparationsupports
- Foreign worker : receive a medical examination andremain in contact with the sending agency at all times- Sending agency : provide departure preparationsupports to the worker in accordance with the entryschedule forwarded from the HRD Korea- Receive CCVI at the Korean diplomatic office in thecountry and support the departure preparations suchas flight reservation
HRD Korea
Entry supports &Handing overemployee to
employer
- Transfer the reentered workers from the airport to aplace where they are handed over to their employers- After receiving a medical examination and buyingforeign workers' insurances at the place, they will behanded over to their employers
HRD Korea Re-entry report- Send the job center all documents relevant to theworkers' re-entry
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Special
EPS-
TOPIK
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M i n i s t r y o f E m p l o y m e n t a n d L a b o r
10 Questions on the Special EPS-TOPIK
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16
Q.
T O P I K
10 Questions on Incentive Re-entry Employment Systems for Voluntary Returnees
Special EPS-TOPIK
What is the Special EPS-TOPIK?
The Special EPS-TOPIK is applicable to foreign workers whowere rehired after their initial 3-year employment term andvoluntarily returned home before the term expires, allowingtest passers to re-enter after six (6) months from theirdeparture date.
A Korean language test which is held at a computer based testingcenter (CBT) is only applicable to the EPS workers who were rehiredafter their initial employment term and voluntarily returned homewithin the expiration of their re-employment period.
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Who is eligible for the Special EPS-TOPIK?
EPS workers who were rehired after working in Korea for three(3) years and returned home voluntarily within the re-employment period.
Q.
Re-entry System for Committed Workers 17
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18
Are the applicants allowed to apply for industries that are different from the previously employed industry in Korea?
The applicants are allowed to choose any industries that arepermitted under the EPS, regardless of their previousemployment in Korea. However, those who apply for pre-arranged job placement must apply for their previous job andindustry.
Where and when does the Special EPS-TOPIK take place?
The Special EPS-TOPIK will be administered once everyquarter at EPS-TOPIK CBT centers in the correspondingcountry.
10 Questions on Incentive Re-entry Employment Systems for Voluntary Returnees
Q.
Q.
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Will the test take place in all sending countries?
The test will only be available in the countries where there are EPS-TOPIK CBT centers established for its applicants.As of July 2012, there are 8 countries where the test is offered,including Vietnam, Thailand, Indonesia, Mongolia, Cambodia,Uzbekistan, Bangladesh and Pakistan. Workers from those countrieswill be able to take the test as soon as they voluntarily return to theirhome country.The test will be held in Nepal and the Philippines in the latter half of2012 and made available in all sending nations by 2013. Therefore,workers from the aforementioned countries will be able to applywhen it is offered in the country, after returning home voluntarilybefore the end of their employment period.
What is the difficulty level and pass rateof the test?
The difficulty of the Special EPS-TOPIK will remain at more orless the same level as the regular EPS-TOPIK but its pass ratewill be relatively higher.
Re-entry System for Committed Workers
Q.
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How much time is saved by passing the test?
Exemptions from pre-departure job training and faster CCVIissuance will enable most of the test passers to re-enter six (6)months after departing from Korea.
What will be the permitted employmentterm for the test passers?
They are initially given three (3) years to work upon arrival inKorea and allowed to extend it for less than two (2) years (1 yearand 10 months, to be exact), if rehired.
10 Questions on Incentive Re-entry Employment Systems for Voluntary Returnees
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Re-entry System for Committed Workers 21
What should employers do to rehire theirformer employees who passed theSpecial EPS-TOPIK?
No application is required prior to the employee's arrival inKorea.
When the workers, who maintained last employment for atleast 1 year, pass the test and apply for their roster registration,the local job center in the district notifies it to their previousemployers via a text message or phone call.
The employers must meet all requirements for employmentpermit application, including making efforts to hire Koreanworkers, and submit the application within twenty five (25) daysfrom the notification in order to rehire the workers.
Q.
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10 Questions on Incentive Re-entry Employment Systems for Voluntary Returnees22
What are the differences between the Special EPS-TOPIK and the Re-entry System for Committed Workers?
The Re-entry System for Committed Workers is only available to the
workers who worked for companies in agriculture &livestock and fishery
industries, or small manufacturing companies, but the Special EPS-
TOPIK is not affected by the industry or business restrictions.
To be eligible for the re-entry system, the workers must stay with a
company without changing employment throughout their entire
employment term, but the Special EPS-TOPIK is offered to all re-hired
voluntary returnees, regardless of their record of changing employment.
Re-entry system applicants are exempted from taking the EPS-TOPIK and
allowed to re-enter Korea after three (3) months from their departure date,
while the Special EPS-TOPIK applicants must pass the test and spend at
least six (6) months in their home country before coming back to Korea.
For further information, please refer to page 24.
Test dates will be announced in the newspapers or on the official
website of the sending agency and also made available on the ESP
website at www.eps.go.kr
Q.
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Re-entry System for Committed Workers 23
Agency/Organazation Procedures Contents
Receiving Procedures for Special EPS-TOPIK Applicants
Sendingagency
HRD Korea
Receiving EPS-TOPIK application
Testadministration
Verify the applicant's qualifications over the EPSwebsite
Administer the test at EPS-TOPIK CBT centers inthe sending country
HRD Korea,Sendingagency
Announcement oftest passers
Inform the applicant about the possible annulmentof the test result upon the discovery of his/herunlawful stay in Korea.
Sendingagency
Receiving jobapplication
Confirm medical checkup results
HRD Korea Verification of jobapplication
Prioritize approval after verifying the applicant'squalifications
EPS website,Job center
Notification ofpre-arranged job
placement
Send automatic SMS text messages via the EPSwebsite. Confirm the candidates by phone or SMS. Failedmessages will be sent again manually.
Job centerIssuance of
Employment Permit
Issue an employment permit after pre-arranging jobplacement within 25 days of the applicationsubmission.
HRD Korea Signing of LaborContract
Sign a labor contract on behalf of the worker throughconsignment pursuant to Article 9 of Act on ForeignWorkers' Employment etc.* Refund the cost, if the contract is cancelled after theissuance of the permit.
Ministry ofJustice Issuance of CCVI
Issue a CCVI to the contracted worker even if it isbefore the expiration of 6-month re-entry restrictionperiod.
HRDKorea,Sending
agency
Arranging entryschedule
Adjust entry schedules in accordance with the expirydate of the worker's re-entry restriction period.
HRD Korea Providing entrysupports
Workers are transferred to job training centers uponarriving in Korea
[ Automatic SMS message ][Ministry of Employment and Labor] OOO (name of the worker) is eligible toapply for re-arranged job placement until OO/OO (month/day).Please contact your local job center.
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24 10 Questions on Incentive Re-entry Employment Systems for Voluntary Returnees
Re-entry System for CommittedWorkers
SpecialEPS-TOPIK
Re-entry System for Commited Workers vs. Special EPS-TOPIK
Eligibleapplicant
Rehired workers whose extended employmentperiod ends after July 2, 2012 and have norecord of employment change(For employment changes not attributed to the worker due to thetemporary shutdown or closure of business, the worker mustmaintain his/her last employment for at least 1 year)
Rehired voluntaryreturnees departed fromKorea after January 1,2010
Industry/business
Restricted to agriculture&livestock and fisheryindustries, and manufacturing companies withequal to or less than 30 employees(Manufacturing companies within the basic industries with equal toor less than 50 employees are also qualified in accordance withthe Root Industry Promotion Act)
No restriction
Priorapplication
Employers submit the application by visiting a localjob center in the district from as early as 30 daysto 7 days prior to the expiration of their employees'employment period.
Not required
Departuredate
Within the expiration of sojourn period Within the expiration ofemployment period
Koreanlanguage test
Exempted Required to pass the SpecialEPS-TOPIK which is heldonce every quarter.
Job training Exempted from job training before and after arrivalin Korea
Exempted from jobtraining before arrival
Re-entryrestriction period
Three (3) months from departure date Six (6) months fromdeparture date
Mandatoryreturn to the last
workplace
Permitted only under the condition of going backto the last workplace(Lawful employment changes are allowed afterward)
Permitted to return to the lastworkplace, if the workerworked there for more thanone (1) year prior to departurefrom Korea
Prior applicationby the employer
Required Not required
Proof of attemptsto hire Korean
Not required Required
Eligible country Not required Countries agreed to hold thetest at their EPS-TOPIK CBTcenters(as of June 2012, there are 8countries where the test is offered,including Thailand, Vietnam andIndonesia, and it will be extendedto other sending countries later on)
Enforcementdate
from July 2, 2012 from December 2011
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