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목차
Introduction
New Mandatory Requirement for Businesses with Few Workers
Businesses with fewer than 10 workers operating year-round are now obligated to enroll foreign employees (holders of H-2, E-9 visas) falling under the Employment Permit or Permission category in the Employment Insurance system, effective January 1, 2023.
Mandatory Enrollment for Foreign Workers
Revised Employment Insurance Act Requires Enrollment of H-2, E-9 Visa Holders
Foreign workers possessing H-2 (Visiting Employment) and E-9 (Specially Designated Professions) visa statuses are now mandated to join the Employment Insurance system under the revised law. This requirement is confined to the “Employment Stabilization and Vocational Ability Development” sphere. While enrollment is necessary, foreign workers seeking unemployment and childcare leave benefits must complete a separate application for foreign employment insurance, with employer-employee consensus.
Gradual Implementation and Small Business Alert
Phased Implementation Since 2021, Impact on Small Enterprises
The gradual introduction of compulsory Employment Insurance for foreign workers commenced in 2021. This year, its scope extends to all workplaces. Small businesses hiring foreign workers under employment permits must be vigilant to not miss announcements related to their Employment Insurance acquisition.
Mandatory Declaration for H-2, E-9 Foreign Workers
Essential Declaration for H-2, E-9 Workers’ Coverage
Employers are required to submit a declaration for insurance coverage or to confirm work details for H-2 or E-9 foreign workers, especially for casual laborers employed for under a month. This declaration should be made by the 15th of the following month, subsequent to the effective date of the labor contract. Separate applications are needed for unemployment benefits and maternity leave benefits.
Coverage Dates and Payment Responsibilities
Coverage Initiation and Payment Accountability
For instance, if an H-2 worker is hired on January 1 and qualifies for Employment Insurance under the “Employment Stabilization and Vocational Ability Development” domain, coverage begins on the employment start date. A distinct application for unemployment insurance submitted on January 15 will prompt consideration from the day after the application date, leading to corresponding insurance premiums.
Employer Premium Payment and Employee Deductions
Premium Payment Responsibility and Employee Deductions
Employers hold the sole responsibility for premium payment in the “Employment Stabilization and Vocational Ability Development” sector. Employee salary deductions, denoted as “employment insurance premiums” on wage statements, are applicable solely if unemployment benefits coverage is subscribed under Employment Insurance, without a separate application submitted.
Compliance, Fines, and Importance of Oversight
Critical Considerations to Avoid Legal Consequences
Ensuring the proper “resident status” of foreign workers during hiring is crucial. Incorrect status can lead to fines of up to 30 million won or imprisonment for up to 3 years, per the Immigration Control Act. Hiring H-2 or E-9 workers without appropriate permits can incur fines of up to 10 million won or imprisonment for up to 1 year. Vigilant personnel management, salary monitoring, and adherence to social insurance regulations are essential for preventing negative outcomes.
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