What is the reason for the change of workplace? (Part 2)

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What is the reason for the change of workplace? (Part 2)


 


<Example of Counseling*> The dormitory boiler is old so warm water is not good. It's summer soon, but the air conditioner broke down. The room is also used by several people, which are too narrow and uncomfortable. I want to change the workplace, is it possible? ☞ Civil complaints can be filed by violating the dormitory facility standard


* Example Reference: Daily Legal Counseling School Data Book for Supporting Residents of Gyeongnam Foreigners (2023.2)


 


   Following the last time, we guide you to the reasons (= not the responsibility of foreign workers) that are not included in the number of changes in the workplace. For more information, please refer to the Ministry of Employment and Labor (No. 2021-30) for more details.



 


▶ Violation of unfair treatment and residential environmental guidelines (Article 5, 5 / related guidelines)


• When a user provides a hypothesis building in violation of Article 20 of the Vinyl House or the Building Act and Article 34 of the Farmland Act to foreign workers as accommodations


  -If the local government provided a temporary building as a lodging without a certificate of reporting the construction of the temporary building (temporary lodging), the construction law violated Article 20 of the Architecture Act.


  -If you have provided a building on farmland without receiving or permission for farmland, you violate Article 34 of the Farmland Act.


 


• If the building is provided as a residential facility, it is only allowed to be recognized as a lodging for building captain. Allowed if there is no violation of the Labor Standards Act). This guideline has been expanded to all industries such as manufacturing, construction, and service industries from 21.7.1.


 


▶ Violation of the dormitory facility (Article 5-2 1 / Article 55 ~ 58-2 of the Enforcement Decree of the Labor Standards Act)


  -Facial standard: ☞ <If you do not meet the dormitory facility, you can change the workplace>


  → With the evidence (photo, etc.), the Employment Center is filed and soothing.


 


▶ Dormitory information information and false information provision (Article 5-2 2 / Related Notice)


  -When signing a labor contract, you must provide 'foreign dormitory facilities' and visual materials (photo or videos).


  -If there are any changes in the dormitory information above, it must be provided in writing in advance.


  -The contents of the dormitory facility table must be the same as


  → If you are not provided with the above information or if it is different from the actual, it is reported to the Employment Center → Municipal administration (within 14 days) → If you do not correct it without justifiable reason

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