What counts as employer fault?
The day we opened the government source and matched the numbers. This is not a labor attorney's review.
When you change company for a reason that is not the worker's fault, such as a shutdown, a closure or the employer's wrongdoing, it is not counted in the number of changes. So even someone who has used all 3 times can still change. It matters to know which cases count.
There are three main groups
| Group | Cases that count |
|---|---|
| The company stops working | Long shutdown or leave, closure, being unable to keep working because of a bankruptcy filing or the start of liquidation, dismissal for business reasons |
| The employer is at fault | Breach of working conditions, unpaid or delayed wages, breach of the housing conditions, unfair treatment |
| Administrative action | The employer's employment permit is cancelled, or the employer is barred from hiring |
What unfair treatment means
- Assault
- Repeated verbal abuse
- Sexual harassment or sexual assault
- Unreasonable discrimination
Housing is also a reason
How do I prove it
- Pay slips, bank deposit records — how much you received and when
- Health insurance qualification certificate — whether you were enrolled, and for how long
- Photos of the housing
- Recordings of conversations, text messages
Start collecting now. Collecting after the problem happens is too late.
Read next
Rules change often, and the same rule applies differently to different people. Check your own case with 1350 (Ministry of Employment and Labor customer center). Its phone counseling in foreign languages is in English and Chinese. For your own language, ask 1345 (Immigration Contact Center).
This is reference material. Rules change often — always confirm with the hotline below before you file anything.
Sources
- MOEL Notice 2021-30 — Workplace change reasons that are not the worker's fault 고용노동부 고시 제2021-30호 — 외국인근로자의 책임이 아닌 사업장변경 사유 checked 2026-08-31
- Easy Law — Changing your place of work 찾기쉬운 생활법령정보 — 근무처(사업 또는 사업장) 변경 checked 2026-08-31