E-9 Visa Holders: Understanding Severance Pay in Korea

Severance Pay for E-9 Visa Holders

E-9 workers can fall within the Employee Retirement Benefit Security Act, but the visa label alone does not prove that every statutory condition is satisfied.

Keep the statutory severance calculation separate from any EPS-related insurance or payment record. Confirm the relationship between them through an official EPS or MOEL channel.

This guide focuses on organizing the employment facts needed for an official severance check.

Key Conditions for Severance Eligibility

Start with the general statutory checks, but do not use this short list as an eligibility decision.

Continuous service generally must reach at least one year, and breaks or a change of responsible employer can require review.

The Act has an exclusion tied to average scheduled weekly hours below 15; fluctuating schedules can require a period-by-period calculation.

Contract completion, resignation, and termination still require the underlying service and work records to be checked.

Information to Prepare

Before seeking official confirmation of your eligibility or amount, it is helpful to organize your employment information:

Employment contract: keep the original and every renewal or workplace-change document.

Work records: preserve start and end dates, schedules, attendance records, and periods away from work.

Wage statements: collect monthly statements showing wage items and deductions.

Bank records: keep deposits that can be matched to each wage period.

Working-time records: preserve daily or weekly hours, especially where schedules changed.

How Severance is Generally Calculated

Severance pay is generally calculated based on your average daily wage for the last three months of your employment and your total number of years of continuous service. The longer you have worked and the higher your recent wages, the larger the potential severance amount.

This calculation can be complex, and it's best not to try to calculate it yourself without official guidance. The purpose of preparing your documents is to have all the necessary information ready when you consult official sources.

Next Steps for E-9 Workers

Once you have gathered your employment documents, you can seek free official guidance. The Ministry of Employment and Labor (MOEL) or a Foreign Worker Support Center can provide accurate information based on the 'Employee Retirement Benefit Security Act' and 'Severance payment and calculation guidance'.

Ask the official channel to explain statutory severance and any separate EPS-related arrangement shown in your records without assuming the two amounts are interchangeable.

What to do step by step

1. Understand the general severance checks and keep any EPS-related insurance record separate for official confirmation.
2. Gather all employment-related documents (contract, pay slips, work records, bank statements).
3. Confirm your exact period of continuous service with your employer.
4. Confirm your average weekly working hours throughout your employment.
5. Seek official guidance from MOEL or the responsible EPS channel with your prepared documents.

What this guide assumes

• You are an E-9 visa holder in Korea who is ending or has ended employment.
• You want to understand your potential severance rights and what information to prepare.
• You have access to your employment documents.

Example

Minh is ending E-9 employment after several contract periods. Before leaving the workplace, he collects every contract, wage statement, bank deposit, attendance record, and document showing the responsible employer. He also keeps a separate insurance document from the EPS process. He asks MOEL or the responsible EPS channel to identify each payment and check the statutory severance calculation without assuming that one document settles the other.

Limits and cautions

• This guide provides general information only and cannot determine individual severance eligibility or the treatment of an EPS-related insurance payment.
• It does not provide specific legal advice or guarantee any outcome regarding claims.
• It does not state the current eligibility, claim process, payer, or payment timing for any EPS-related insurance arrangement.
• It cannot calculate the exact amount of severance pay you may be owed.

Frequently asked questions