Contents
of the Constitution; Article 5 (Fixing the Working Conditions) of the
Labor Standards Act, and Article 4 (Application of the Law to
Foreigners Residing in Republic of Korea) of the National Human
Rights Commission Act.
Cases in
major
countries
- Looking at Germany, considering the fact that migrant workers are not
familiar with the legal procedure of the country, an employer may
handle matters concerning employment contracts on their behalf under
a separately made agreement. If an employer stands in the way of
migrant workers’ extension of an employment contract or work permit
application, the employer becomes liable for reparation of damages.
When intending to reduce the number of migrant workers employed by
him/her, an employer is obligated to serve a notice in advance.
C. Core agenda items for promotion
Ⅰ-4-1. Efforts should be made to allow migrant workers to select their jobs
within a possible extent. Workers who find it hard to continue working
at previous workplaces for reasons other than those attributable to them,
including an injury, should not be subject to the limit on the number of
changes of workplaces.
Ⅰ-4-2. Concerning the eligibility for simplification of the re-entry procedure,
which covers migrant workers whose status of stay is expired, it
currently applies only to the migrant workers who did not change their
workplaces. The following should be added to the list: “migrant workers
who have observed domestic laws during their stay and obtained the
consent of their existing employer.
14
Human Rights Guidelines on Migration