Guide to Employment in Korea for Foreign Workers

What this is For:

What Foreign Workers Need to Know when Working in Korea

How to File:

(To be filled up by the BIR)



BIR Form No.

Monthly Percentage

Tax Return

Republika ng Pilipinas

Kagawaran ng Pananalapi

Kawanihan ng Rentas Internas


September 2005 (ENCS)

Fill in all applicable spaces. Mark all appropriate boxes with an “X”.



For the



3 For the month

Year ended



Amended Return


Part I



5 Number of sheets attached







Taxpayer's Name (For Individual)Last Name, First Name, Middle Name/(For Non-individual) Registered Name

7 RDO Code

8 Line of Business/


11 Registered Address


13 Are you availing of tax relief under Special Law

or International Tax Treaty?


Part II


Telephone Number

Zip Code

If yes, specify

Computation of Tax

Taxable Transaction/

Industry Classification


Taxable Amount

Tax Rate

Tax Due


























19 Total Tax Due


Less: Tax Credits/Payments



Creditable Percentage Tax Withheld Per BIR Form No. 2307 (See Schedule 1)



Tax Paid in Return Previously Filed, if this is an Amended Return


Total Tax Credits/Payments (Sum of Items 20A & 20B)


22 Tax Payable (Overpayment) (Item 19 less Item 21)

Add: Penalties











24 Total Amount Payable/(Overpayment) (Sum of Items 22 and 23D)


If overpayment, mark one box only:

To be Refunded

To be issued a Tax Credit Certificate

I declare, under the penalties of perjury, that this return has been made in good faith, verified by me, and to the best of my knowledge, and belief,

is true and correct, pursuant to the provisions of the National Internal Revenue Code, as amended, and the regulations issued under authority thereof.



President/Vice President/Principal Officer/Accredited Tax Agent/

Authorized Representative/Taxpayer

(Signature Over Printed Name)

Title/Position of Signatory

TIN of Signatory

Tax Agent Acc. No./Atty's Roll No.(if applicable)

Part III


Treasurer/Assistant Treasurer

(Signature Over Printed Name)

Date of Issuance

Title/Position of Signatory

Date of Expiry

TIN of Signatory

Details of Payment

Drawee Bank/











28 Check 28A




29 Tax Debit







27 Cash/Bank 27A

Debit Memo


30 Others 30A

Machine Validation/Revenue Official Receipt Details (If not filed with an Authorized Agent Bank)

Stamp of

Receiving Office/AAB

and Date of Receipt

(RO's Signature/

Bank Teller's Initial)


Tax Withheld Claimed as Tax Credit

Schedule 1

Period Covered

Name of Withholding Agent

Income Payments

Tax Withheld


Total (To Item 20A)


PT 010

Percentage Tax On:


Tax Rate


Persons exempt from VAT under Sec. 109v (Sec. 116)

PT 040

Domestic carriers and keepers of garages

PT 041

International Carriers

PT 060

Franchises on gas and water utilities

PT 070

Franchises on radio/TV broadcasting companies whose

annual gross receipts do not exceed P 10 M

Tax on banks and non-bank financial intermediaries performing quasi

banking functions

1) On interest, commissions and discounts from lending

activities as well as income from financial leasing, on

the basis of remaining maturities of instruments from

which such receipts are derived

PT 105

Maturity period is five (5) years or less

PT 101

Maturity period is more than five (5) years

PT 102

2) On dividends and equity shares and net income of






PT 103 3)

PT 104 4)

Percentage Tax On:

Tax Rate

On royalties, rentals of property, real or personal, profits

from exchange and all other gross income

On net trading gains within the taxable year on foreign currency,

debt securities, derivatives, and other financial instruments



Tax on Other Non-Bank Financial Intermediaries not performing quasi-banking functions






On interest, commissions and discounts from lending activities

as well as income from financial leasing, on the basis of remaining

maturities of instruments from which such receipts are derived

PT 113

Maturity period is five (5) years or less

PT 114

Maturity period is more than five (5) years

PT 115 2) From all other items treated as gross income under the code

PT 120 Life Insurance premium

Agents of Foreign Insurance Companies

PT 130

a) Insurance Agents

PT 132

b) Owners of property obtaining insurance directly

with foreign insurance companies

BIR Form No. 2551M Percentage Tax Return

Guidelines and Instructions







Who Shall File









This return shall be filed in triplicate by the following:

Persons whose gross annual sales and/or receipts do not exceed P1,500,000

and who are not VAT-registered persons.

Domestic carriers and keepers of garages, except owners of bancas and

owners of animal-drawn two wheeled vehicle.

Operators of international air and shipping carriers doing business in the


Franchise grantees of gas or water utilities.


grantees of radio




companies whose gross annual receipts of the preceding year do not exceed

Ten Million Pesos (P10,000,000.00) and did not opt to register as VAT


Banks, non-bank financial intermediaries and finance companies.

Life insurance companies.

Agents of foreign insurance companies.

"Gross receipts" means all amounts received by the prime or principal

contractor, undiminished by any amount paid to any subcontractor under a

subcontract arrangement.




When and Where to File

The return shall be filed not later than the 20th day following the end of each

month. Any person retiring from a business subject to percentage taxes shall

notify the nearest Revenue District Office, file his return and pay the tax due

thereon within twenty (20) days after closing his business.

The return shall be filed with any Authorized Agent Bank (AAB) within the

territorial jurisdiction of the Revenue District Office where the taxpayer is

required to register/conducting business. In places where there are no AABs, the

return shall be filed with the Revenue Collection Officer or duly Authorized City

or Municipal Treasurer within the Revenue District Office where the taxpayer is

required to register/conducting business.

A taxpayer may, at his option, file a separate return for the head office and

for each branch or place of business or a consolidated return for the head office

and all the branches except in the case of large taxpayers where only one

consolidated return is required.



There shall be imposed and collected as part of the tax:

A surcharge of twenty five percent (25%) for each of the following



Failure to file any return and pay the amount of tax or installment due

on or before the due date;


Unless otherwise authorized by the Commissioner, filing a return with

a person or office other than those with whom it is required to be filed;


Failure to pay the full or part of the amount of tax shown on the return,

or the full amount of tax due for which no return is required to be filed

on or before the due date;


Failure to pay the deficiency tax within the time prescribed for its

payment in the notice of assessment.

A surcharge of fifty percent (50%) of the tax or of the deficiency tax, in case

any payment has been made on the basis of such return before the discovery

of the falsity or fraud, for each of the following violations:


Willful neglect to file the return within the period prescribed by the

Code or by rules and regulations; or


In case a false or fraudulent return is willfully made.

Interest at the rate of twenty percent (20%) per annum, or such higher rate as

may be prescribed by rules and regulations, on any unpaid amount of tax

from the date prescribed for the payment until the amount is fully paid.

Compromise penalty.

Attachments Required





Certificate of Creditable Tax Withheld at Source, if applicable;

Duly approved Tax Debit Memo, if applicable;

For amended return, proof of the payment and the return previously filed;

All returns filed by an authorized representative must attach authorization


When and Where to Pay

Upon filing this return, the total amount payable shall be paid to the

Authorized Agent Bank (AAB) where the return is filed. In places where there

are no AABs, payment shall be made directly to the Revenue Collection Officer or

duly Authorized City or Municipal Treasurer who shall issue a Revenue Official

Receipt BIR Form No. 2524) therefor.

Where the return is filed with an AAB, taxpayer must accomplish and submit

BIR-prescribed deposit slip, which the bank teller shall machine validate as

evidence that payment was received by the AAB. The AAB receiving the tax

return shall stamp mark the word “Received” on the return and also machine

validate the return as proof of filing the return and payment of the tax by the

taxpayer, respectively. The machine validation shall reflect the date of payment,

amount paid and transactions code, the name of the bank, branch code, teller’s

code and teller’s initial. Bank debit memo number and date should be indicated in

the return for taxpayers paying under the bank debit system.

For Electronic Filing and Payment System (EFPS) Taxpayer

The deadline for electronically filing and paying the taxes due thereon shall

be in accordance with the provisions of existing applicable revenue issuances.

Basis of Tax

The tax is based on gross sales, receipts or earnings except on insurance

companies where the basis of tax is the total premium collected/paid.

Note: All background information must be properly filled up.

All returns filed by an accredited tax representative on behalf of a taxpayer

shall bear the following information:

A. For CPAs and others (individual practitioners and members of GPPs);

a.1 Taxpayer Identification Number (TIN); and

a.2 Certificate of Accreditation Number, Date of Issuance,

and Date of Expiry.

B. For members of the Philippine Bar (individual practitioners, members

of GPPs):

b.1 Taxpayer Identification Number (TIN); and

b.2 Attorney’s Roll Number or Accreditation Number, if any.

Nos. 1, 2 and 3 of this form refer to transaction period and not the date of

filing this return.

The last 3 digits of the 12-digit TIN refers to the branch code.

TIN = Taxpayer Identification Number



Other Documentary Requirements:

July 2004

Employment Policy Office


Foreign workers:

We welcome you to Korea and thank you in advance for your contribution to the diverse industries of Korea including the manufacturing, construction, agriculture, and service sectors.

We will do our utmost to ensure that you receive fair treatment during your stay in korea.

We have prepared his guide booklet to help you make your stay in Korea more fruitful and enjoyable. We ask that you read the guidelines expressed in this booklet and keep them in mind at all times.

We ask for your active cooperation and earnest interest in complying with the policies in this guide booklet.

Thank you.

Ministry of Labor, Republic of Korea

What a foreign worker must always know in Korea

1. Personal Information

Name Nationality

Address (Tel: )

Passport No. Alien Registration No.

Date of Entry Expiry of Sojourn Period

2. Record of Employment

Date and Place of starting work in Korea

I started working at ____________________________________________(place)

on __________(month)________(date)________(year)

Changing Workplaces

(fill out if changing workplaces)

First change: to __________________on_______(month)_____(date)_____(year)

Second change: to _______________on_______(month)_____(date)_____(year)

Third change: to ________ ________on______(month)_____(date)_____(year)

3. Record of Sojourn

Original period of sojourn: from ___________________to_________________

First extension: from ______________________to _________________

Second extension: from ____________________to _________________

The Employment Permit System for foreign workers enables workers from countries with whicn the Korean government has concluded on MOU on sending workers to be legally employed by companies in Korea which have obtained a permit to employ foreign workers.

I. Legal Status of Foreign Workers

a. Foreign workers employed by companies in Korea under the EPS enjoy legal employment status (visa status of stay: E-9) and are thus protected just as Koreans are under the Labor Standards Act and other labor laws.

b. Foreign workers are required to join the Employment Insurance, Industrial Accident Compensation Insurance, National Health Insurance, and National Pension, and are eligible to receive benefits form such systems.

c. It is illegal for employers to discriminate against foreign workers by, for example, violating employment contracts or dismissing them without justifiable cause. At the same time, foreign workers must abide by all Korean laws related to their employment and actions and will face punishment for any violations of the law.

d. Foreign workers may work in Korea for up to three years. At the expiry of their period of sojourn, they must leave Korea.

e. Foreign workers may not be accompanied by any members of their family while they are employed in Korea.

II. Matters to be Observed by Foreign Workers

Before being placed in workplace entry into Korea

a. Completing employment education designed for foreign workers

b. A foreign worker must go to a designated employment education institute upon his/her entry into Korea and complete an employment education course for foreign workers.

c. Workers from Indonesia, the Philippines, Thailand, and Sri-Langka will take the course at HRD-Korea. Mongolian and Vietnamese workers will take the course at the Korea International Labor Foundation.

d. Employment education will last 20 hours or more (between 2 nights-3days and 3 nights-4 days) and cover the understanding of Korea, related laws and basic knowledge essential to their employment.

Medical Checkup

Under the Industrial Safety and Health Act, a foreign worker is required to undergo a medical checkup diring the employment period.

*A foreign worker who fails to pass the initial medical checkup will receive a second more rigorous checkup and be subject to immediate repatriation if the foreign workers fails to pass the more detailed checkup. Only when the results of the second checkup confirms that the worker in questions is without any epidemic disease, his/her application for admission into Korea be approved.

Joining Insurances

A foreign worker must join an accident insurance and a going-home expense insurance within 15 days and 80 days, respectively, of concluding an employment contract. (Workers are, in theory, supposed to purchase insurance policies during the employment education period)

Accident Insurance: Insurance against death or illness of a foreing worker other than industrial accidents at work (a foreign worker is required to purchase this insurance policy during the employment education period.)

Going-Home Expense Insurance: This insurance is designed to build up savings to pay for going-home expenses (air fare) of foreign workers (foreign workers will start paying insurance premiums to an account which will be decided by the employment education institute within 80 days from entry into Korea).

During the period of employment after placement at workplace

1) Alien Registration (within 90 days)

A foreign worker placed at a workplace is required to apply for and receive an alien registration at an immigration office or a branch office with jurisdiction for the region in which he/she resides within 90 days from entry into Korea.

* An alien registration form, passport, and three photos (3x4cm) are required and a service charge is imposed.

2) Limited changes of workplaces

A foreign worker must work at the workplace of the employer with whom he/she has conducted an employment contract before entry into Korea and must not leave the workplace where he/she has started working to work at a different workplace without justifiable reason.

Workplace changes are allowed only in exceptional cases where the current employment relations cannot be continued due to such reasons as follows:

[Justifiable reasons for changing workplaces]

In the event the employer terminates the employment contract under justifiable cause or refuses to renew it;

In the event a foreign worker cannot continue to work at a workplace due to the suspension of business, closure of business or other grounds for which the worker is not responsible;

In the event a workplace is placed under restriction from hiring foreign workers under the EPS due to a violation of human rights including physical assaults, delayed payment of wages and deterioration of working conditions; or

In the event a foreign worker is not fit to continue work at the workplace due to an injury caused by an accident but is able to work at another workplace.

[Matters to be observed when changing workplaces]

a. A change in workplace may be permitted within the allowed scope

b. of business types but is not allowed from one business type to

c. another.

d. A foreign worker shall be reported to the Immigration Office as

e. an illegal resident and repatriated immediately if he/she

Fails to apply for a workplace change within one month after termination of his/her previous employment contract;

Leaves his/her workplace without permission form the employer

Attempts to induce a change in workplace by intentionally neglecting his/her duties in order to move to another workplace where wages may be higher;

Fails to find a job in two months from the time the application for a workplace change is filed and thus, has not been able to receive a permit for a workplace change; or

Finds a job him/herself or through friends, co-workers and private job placement agencies.

In principle, workplace changes shall be limited to a total of three times. But in the event the three changes in workplace were made due to grounds solely accountable to the employer, an additional change may be allowed.

4. Renewal of employment contract and extension of period of sojourn

A foreign worker shall renew his/her employment contract with the employer every year during the period of employment. When he/she has renewed the employment contract, he/she must obtain a permit to extend the period of sojourn from the Immigration Office with jurisdiction over the workplace.

5. Employment stay limited to three years, accompanying family members not allowed, and timely departure required

The period of employment in Korea for a foreign worker is limited to a maximum of three years. After the lapse of three years, he/she must leave Korea. A foreign worker may not be accompanied by his/her family during the employment period.

*Under the procedures of the Employment Permit System, a foreign worker who voluntarily leaves Korea at the expiry of the employment period is allowed to return after one year of his/her departure from Korea.

6. How to receive insurance benefits

In the event of a foreign workers departure, change of workplace, death or disease other than industrial accidents, as well as delayed payment of wages, a foreign worker may receive insurance benefits as stated in related laws.

Departure Maturity Insurance (joined by employers)

When a foreign worker, who has continuously worked for over one (1) year at a workplace with five or more full-time employees, moves to another workplace or leaves Korea and applies for insurance benefits to the HRD-Korea, the insurer will directly send the insurance benefits to the workers account.

Going-Home Expenses Insurance (joined by foreign workers)

When a foreign worker is planning to leave Korea (excluding a temporary departure) soon, he/she shall submit a report of planned departure to an Employment Security Center and apply to HRD-Korea for insurance benefits. The insurer will send the insurance benefits to the workers account.

Accident Insurance (joined by foreign workers)

When a foreign worker suffers an accident other than an industrial accident and applies to HRD-Korea for insurance benefits, the insurer will examine the accident report and send the insurance benefits to the workers account.

In the event a foreign worker dies and a bereaved family member applies to HRD-Korea for insurance benefits, the HRD-Korea will check whether the person is a bona fide member of the bereaved family (in cooperation with the sending country). After the verification of such information, the insurer will send the insurance benefits to the account of the bereaved family member. (Along with said insurance benefits, other insurance benefits such as from the Departure Maturity Insurance and Going-Home Expense Insurance will be sent at the same time.)

Guarantee Insurance (joined by employers)

In the event an employer of a workplace, with less than 300 full-time workers or a workplace not covered by the Wage Claim Guarantee Act, delays payment of wages, the worker may apply to HRD-Korea for insurance benefits. The insurer shall examine the case to determine whether payment of wages has been actually delayed and if so, send the insurance benefits to the workers account.

3. Strict observance of Korean Laws

While a foreign worker stays in Korea, he/she must abide by all Korean laws. Any violation shall be subject to punishment.

1. Observance of the Act on Employment of Foreign Workers, etc.

a. In the event a foreign worker has not used the standard employment contract when concluding an employment contract; or

b. In the event a foreign worker has not subscribed to an accident insurance.

-he/she shall be subject to a fine not to exceed five (5) million won.

c. In the event a foreign worker is not insured by a going-home expense insurance; or

d. In the event a foreign worker has refused to respond or falsely responded to a public officials request to make a report or submit necessary documents.

-he/she shall subject to a negligence fine not to exceed one (1) million won.

2. Observance of the Immigration Controls Act

e.In the event a foreign worker has committed an act that he/she is not allowed to in accordance with the rules that govern his/her status of sojourn or in case a foreign worker remains in Korea after the period of lawful stay is over.

-he/she shall be subject to penal servitude or imprisonment not to exceed three (3) years or be subject to a fine not to exceed 20 million won.

f.In the event a foreign worker has left his/her designated workplace without permission or has not obtained a permit for a workplace change after leaving the workplace with permission; or

g. In the event a foreign worker has not applied for and received an alien registration within a certain number of days as required by law

-he/she shall be subject to imprisonment of one (1) year or a fine of up to five million won

h.In the event a foreign worker has not duly reported a change in any matters related to the alien registration or has not received an alien ID card; or

i.In the event a foreign worker knowingly makes false entries in various application forms or reports,

-he/she shall be subject to a fine not to exceed two (2) million won.

3.In the event a foreign worker has been found to have taken narcotics or committed crimes such as an assault, murder, or theft, he/she shall be subject to punishment according to related laws.

III. Protection of the Rights and Interests of Foreign Workers

1.Legal protection of rights

1.Protection under the Labor Standards Act

In general, working hours are 44 hours a week (eight hours a day). Upon agreement between a foreign worker and the employer, extended work is possible (applicable to workplaces with five or more full-time employees).

As a result of the revision of the Labor Standards Act, the 40-hour-work week will gradually apply to SMEs with less than 300 employees from July 2006 to the end of July 2011.

Wages are to be paid directly to workers in cash at least once a month on set days.

Employers may not, without consent from workers, deduct or save any part or all of workers wages

Foreign workers are entitled to receive additional wages for extended working hours, working at nights (22:00-06:00) or on holidays (applicable to workplaces with five or more full-time employees).

Foreign workers who have worked at a workplace for over one (1) year is eligible to receive severance pay.

A workplace insured by a guarantee maturity insurance can substitute the severance pay with the insurance benefits from the guarantee maturity insurance.

Provisions on working hours, rest periods, holidays and leaves, and overtime payment in the Labor Standards Act shall not apply to foreign workers employed in businesses involved in housework, agriculture and fisheries.

2.Protection under the Minimum Wage Act

Foreign workers are eligible to receive at the least the minimum wage stipulated by law.

The current minimum wage : 2,840 won per hour

3.Protection under the Industrial Accident Compensation Insurance Act

A foreign worker who suffers an occupational accident or disease is eligible to receive medical treatment, rest from labor, and compensation.

The industrial Accident Compensation Insurance protects foreign workers from all occupational accidents that occur inside a workplace, regardless of whether to accident was due to the workers fault.

4. Protection under the Wage Claim Guarantee Act

In the event a foreign worker who is out of work , due to such causes as the employers bankruptcy, and has not received wages and severance pay, the worker is eligible to receive wages for the last three months worked, severance pay for the last three years of employment, and unemployment benefits for the past three months from the Korean government.

In order to be prepared for a possible delay in the payment of wages, an employer whose workplace is not covered by the Wage Claim Guarantee Act is required to join a guarantee insurance.

2. Grievance Counseling and Handling

When a foreign worker has work-related problem or has been treated unfairly or unreasonably, he/she may receive grievance counseling and help from the grievance system.

1. Matters related to the Labor Standard Act

In the event a foreign worker has not received wages or severance pay on time;

Has been assaulted by an employer or supervisor; or

Has been forced to work overtime, at nights or on holidays,

He/she may file a petition to the Labor Inspection Division of the competent Regional Labor Office.

2. Matters related to the Industrial Accident Compensation Insurance Act

In the event the workplace safety and health standards are not met at a workplace,

A foreign worker can file a petition to the Industrial Safety Division of the competent Regional Labor Office.

3. Matters related to employment

As regards matters related to change of workplaces or job placements;

Issuance of various documents needed while staying in Korea such as certificate of employment; or

Grievance counseling,

The competent Employment Security Center will provide foreign workers with counseling (please refer to the addresses in the Annex).

4. Language Assistance

In the event counseling or guidance in the native language of the foreign worker is needed; or

Counseling for civil appeals or guide to a grievance system is needed,

The Call Center for Foreign Workers will provide counseling (Tel. 02-872-9797)

[Procedure of reporting and handling delayed payment]

Receiving reports or petitions on delayed payment of wages (Civil Affairs Division) Asking the employer to appear before the office (Labor Inspector) Fact-finding (Labor Inspector) Ordering the employer to pay overdue wages if the fact-finding shows that the employer has delayed payment of wages without justifiable cause (Labor Inspector) Subjecting the employer to related laws in the event he/she still does not pay overdue wages (Prosecutor)

5. Matters related to sojourn

In the event the counseling on matters related to sojourn such as issuance of alien registration, extension of the period of sojourn, or permission for a workplace change is needed; or

In the event a foreign worker has been treated unfairly or is feared to be the target of unfair treatment in entering or leaving Korea or while in Korea,

He/she may receive counseling from the Grievance Counseling Office for Foreigners in the Immigration Office.

6. Matters related to industrial accident compensation

In case a foreign worker needs to apply for industrial accident compensation or apply for medical treatment because of an industrial accident (work-related disease, injury, or death),

He/she may ask for help from the Korea labor Welfare Corporation (Tel: 1588-0075).

7. Matters related to crimes

In the event a foreign worker falls victim to a crime or has been treated unfairly in his/her period of employment,

He/she may seek assistance from the police (Tel: 112)

Standard Medical Tests for the Korean EPS

A. Basic pre-employment medical examinations:

1. Complete physical examination, including visual acuity (left and right eyes)

2. Chest x-ray using plates not smaller than 11 x 14

3. Complete blood count (CBC) including hemoglobin/ hematocrit determination

4. Blood typing



5. Stool examination

6. Psychometric evaluation

7. Urinalysis

8. Dental

B. Additional medical examinations:

1. Liver Function Tests:



2. Total Cholesterol


4. HIV/AIDS Test

5. Hepatitis Antigen (HBs Ag)

6. Audiometry

7. Ishihara Color Vision Test

C. For Females: Pregnancy Test

D. For aged 40: ECG