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Policies & Regulations Regulations Regarding Foreign Workers' Home Leave Announced, April 18, 2017

To comply with the amendment to the Employment Service Act announced on November 3, 2016, the portion of Article 52 requiring foreign workers whose work permits have expired to leave the country for one day if they wish to return to be rehired was removed, and the right for foreign workers to take a home leave was ensured. In order to comply with these regulations, the Ministry of Labor has formulated the Regulations Regarding Foreign Workers' Home Leave and released them on April 18, 2017. The Regulations specify the method for a foreign worker to take a home leave, leave duration, procedures and other relevant regulations.

According to Article 52 of the Employment Service Act, when a foreign worker requests for home leave during the employment permit period, the employer shall give his/her consent. In order to protect the rights and interests of foreign workers to take a home leave, foreign workers with effective employment permits who have obtained annual paid leave in accordance with the Labor Standards Act or their labor contracts may use this leave to freely schedule trips to their home countries, and the employers shall give consent. In the events that the employer encounters urgent business needs or the care receiver is in pressing need for care, the employer may negotiate with the foreign worker to reschedule the worker's period of leave and return dates. However, if an agreement cannot be reached, the employer must grant the foreign worker their originally scheduled period of leave. Foreign workers who request other leaves, such as marriage leave, funeral leave, or personal leave, for purposes of returning and visiting relatives, are subject to the relevant regulations under the Labor Standards Act, the Act of Gender Equality in Employment, and/or their labor contracts.

The Ministry of Labor reminds employers that local labor authorities will impose penalties on them in accordance with the law if they violate the home leave regulations.

Key words: Home Leave, Annual Paid Leave, Article 52 of the Employment Service Act

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