Companies employing foreign workers must be prepared for situations where an employee leaves their workplace without notice. Unauthorized departure not only causes major disruptions to business operations but also imposes a legal reporting obligation on the employer. Therefore, it is crucial to understand and respond swiftly.
According to the 「Act on the Employment of Foreign Workers」, an unauthorized departure is recognized if either of the following conditions is met:
• Absence for 5+ Working Days: Absence from work for 5 or more consecutive working days without prior consultation.
• Unknown Whereabouts: The worker's location is unknown, making it impossible to perform duties.
※ Calculations are based on "working days," excluding weekends or public holidays.
STEP 1. Request Return and Provide Notification When a foreign worker leaves the workplace, the employer must first request their return. Notification should be sent via document or telecommunication (phone, text, etc.) stating: "If you do not return by the specified date, we will report a Change in Employment Status due to unauthorized absence." ※ To prepare for future disputes, it is recommended to communicate through methods that leave records, such as text messages, emails, or call recordings.
STEP 2. Reporting Change in Employment Status If the worker does not respond to the notification or remains unreachable, the employer must report the incident to the competent Job Center or Immigration Office within 15 days from the date of discovery. |
If the reporting deadline (within 15 days) is exceeded or if no report is filed, an administrative fine will be imposed. The fine amount increases with the number of violations and the length of the delay, so prompt reporting is essential.
Case 1. Return within 1 month of departure If the employer withdraws the report within one month, it is treated as "one workplace transfer," and reinstatement is possible. (However, administrative fines may be imposed on the worker during the review process). If re-employment is desired, both the foreign worker and the employer must visit the competent Immigration Office, submit required documents, and apply for re-employment. If there is an intention to voluntarily depart the country, a departure order will be issued after the exemption of disposition.
Case 2. Absence exceeding 1 month In principle, the individual becomes subject to forced eviction (deportation).
Case 3. Unauthorized change of workplace If caught working at a different location without permission, a prison sentence of up to 1 year or a fine of up to 10 million KRW may be imposed. |
The subject responsible for all administrative reporting is the employer of the dispatch agency, not the user employer.
① (Occurrence) Absence for 5+ working days or unknown whereabouts → Classified as unauthorized departure.
② (Notification) Notify the deadline for returning to work via document or phone.
③ (Reporting) If non-compliant → Report Change in Employment Status to the Job Center/Immigration Office within 15 days.
④ (Reinstatement) Return within 1 month → Possible to process original reinstatement (fines may still apply).
⑤ (Eviction) Absence exceeding 1 month → Forced deportation.
⑥ (Caution) Failure to fulfill reporting obligations → Administrative fine.
