Regulations of Foreigners Engaging in Jobs Specified in Subparagraph 8 to 10 of Paragraph 1 of Article 46 of the Employment Services Act Wishing to Take Leaves to Their Home Countries Article 3

During the effective employment period of a foreigner employed according to the aforementioned article, if the foreigner meets the conditions for annual paid leaves according to the Labor Standards Act or the employment contract, the foreigner can request the employer for a annual paid leave to return back to the home country and arrange the dates of such a leave, and the employer should approve this request. Nonetheless, for the purpose of business operation or the urgent need of the care-receiver, the employer can negotiate with the foreigner for adjusting the foreigner’s date of return to his/her home country.If the employer negotiates with the foreigner for adjusting such a date based on the above proviso but the negotiation fails, then the employer should accept the original date arranged by the foreigner for returning to his/her home country.