KOREA EPS WORK PERMIT REQUIREMENTS FOR FILIPINOS (Comprehensive Legal-Practical Guide, July 2025)
1. Legal Framework
Jurisdiction | Instrument | Key Points |
---|---|---|
Philippines | Republic Act 8042 (Migrant Workers & Overseas Filipinos Act) as amended by RA 10022 & RA 11641 (creating the Department of Migrant Workers, DMW) | Declares deployment a national policy; vests DMW with sole authority to recruit, process, and deploy EPS workers; prohibits collection of placement fees for EPS. |
2024 *DMW—MOEL Implementing Rules on the Korea Employment Permit System (EPS)** | Codifies step-by-step processing, documentary checklist, and worker protection measures. | |
Republic of Korea | Employment Permit System Act (2003) & subordinate decrees | Creates the E-9 “non-professional” visa; caps maximum stay at 4 years + 10 months; guarantees equality with Korean workers on wage, social insurance, and occupational safety. |
Bilateral | Memorandum of Understanding on the Sending of Workers (first signed 2004; last renewed 19 March 2024) between DMW & Korea’s Ministry of Employment and Labour (MOEL) / HRD Korea | Designates DMW as sole “sending agency” and HRD Korea as “receiving agency”; provides that recruitment is purely government-to-government, no private agency involvement or placement fee. |
2. Core Eligibility Criteria (Philippine Applicants)
Requirement | Current Rule (2025) | Notes / Common Issues |
---|---|---|
Age | 18 – 39 years old on the date of pre-registration | Some sectors (e.g., fisheries) allow up to 40 if formerly deployed (“returning worker”). |
Education | At least high-school graduate or holder of equivalent TESDA NC I/II skill certificate | Higher qualifications permitted but will not influence wage offers. |
Language | Must pass EPS-TOPIK (Korean Basic) and any sector-specific skills test (see § 3) | Passing score depends on yearly quota and sector (usually ≥ 110/200 points). |
Health | Fit-to-work Medical Category A or B under DOH–DMW standards; TB-negative and HIV-negative | Medical validity: 3 months; pregnancy is disqualifying only for certain sectors. |
Police / Immigration Record | No criminal conviction punishable by ≥ 1 year; no record of deportation or overstay in Korea or elsewhere | NBI Clearance issued within 6 months. |
DMW Standing | Active e-Registration account, completed PEOS (Pre-Employment Orientation Seminar), no pending welfare case | PEOS is free and can be taken online 24/7. |
3. Testing & Ranking
Pre-Registration with DMW EPS Center
- Opens once DMW receives Korea’s annual quota (public announcement).
- Random computer draw determines who may proceed to testing.
EPS-TOPIK
- Managed jointly by HRD Korea & DMW.
- Two formats: Paper-Based (PBT) or Computer-Based (CBT).
- 40 questions reading + 40 listening (total 200 pts).
- Passing score is set each year by MOEL (2025: 110 pts Manufacturing; 100 pts Agri/Livestock/Fishery).
Skills Test / Competency Evaluation (sector-specific)
- Practical tasks (e.g., basic welding for manufacturing).
- Combined with EPS-TOPIK using Points System (max 250 pts). Highest scores enter the Job Roster.
4. Documentary Requirements (Philippine Side)
Stage | Documents (hard copy originals) |
---|---|
After passing tests | Passport (≥ 1 yr validity), PSA-issued Birth Certificate, NBI Clearance, Pass-slip & Score Report, DMW Information Sheet, two 3.5 × 4.5 cm photos (blue bg), Notarized Medical Certificate. |
After employer selection | Standard Employment Contract (SEC) signed by worker & employer, Certificate of Confirmation of Visa Issuance (CCVI), Pre-Departure Orientation Seminar (PDOS) certificate, DMW Processing Fee receipt (PHP 8,725 or USD 100), OWWA membership receipt (USD 25), PhilHealth & SSS contribution proof, Pag-IBIG MDR, Airline e-ticket, Overseas Employment Certificate (OEC). |
No placement or recruiter’s fee may be collected. Only the above government-imposed fees plus personal costs (medical, passport, language training, airfare) are payable.
5. Visa & Departure Workflow
e-Registration → PEOS → Pre-Lottery → EPS-TOPIK & Skills Test →
Job Roster → Employer Selection (HRD Korea) →
Contract Signing → DMW Processing & PDOS →
CCVI → Visa Stamping (Korean Embassy, Manila/Cebu) →
OEC & Immigration Exit → Flight to Korea → HRD Korea Post-Arrival Orientation (3 days)
Processing timeline from passing exams to departure averages 4–8 months, subject to quota release and employer demand.
6. Rights & Obligations in Korea (E-9 Visa Holder)
Area | Guaranteed Minimum | Legal Basis |
---|---|---|
Wage | KRW 10,340/hour (2025 Korean Minimum Wage) or higher as in SEC | Minimum Wage Act |
Working Hours | 8 hrs/day, 40 hrs/week; overtime ≤ 12 hrs/week at 150 % pay | Labor Standards Act |
Night/Holiday Premium | 150 % pay 22:00 – 06:00; 150 % on weekly rest day | LSA arts. 55-57 |
Leave | 15 paid annual leave days (pro-rated first year) | LSA art. 60 |
Social Insurance | Industrial Accident, National Pension, National Health, Employment Insurance (shared contrib.) | Four-Major-Insurance Laws |
Departure Guarantee Insurance | Equivalent to 8.3 % of monthly wage; withdrawable upon final exit | Guarantee Insurance Act |
Union & Complaint Rights | File grievances through 1350 Hotline, Labor Office, or PH Embassy Labour Attaché | Trade Union Act & MOU grievance mechanism |
Employer Transfer | Up to 3 transfers within same sector for just cause (e.g., closure, abuse) | EPS Decree art. 25 |
7. Duration, Renewal & Re-employment
- Initial Stay: 3 years (manufacturing) or variable per sector.
- Extension: One-time up to the 4-year-10-month statutory cap (applies across employers).
- Re-entry (EPS-ROW): Returning workers who completed contract and left Korea on time may re-apply after a 3-month cooling-off. TOPIK retake not required if returning within 1 year and employer issues a re-hire invitation.
- Permanent Settlement: E-9 does not lead to permanent residency; conversion to E-7 (skilled) or F-2 requires separate pathways and higher qualifications.
8. Philippine Legal Protection & Remedies
- Onsite Assistance – Embassy/POLO Seoul, hotline +82 10-6591-6291; shelter for distressed workers.
- Welfare Cases – Complaints under RA 8042 § 24 processed by DMW Legal Assistance Division; employer & recruiter may be black-listed.
- Illegal Recruitment – Charging any placement fee, substitute contract, or non-government processing is punishable by up to life imprisonment & ₱ 2 million fine.
- Repatriation & Remittance – Employer shoulders ticket on normal completion; DMW can advance funds for distressed repatriation recoverable from employer/bond.
- Mandatory SSS Coverage – RA 11199; contributions may be paid voluntarily online; lapses do not suspend deployment but affect future benefit claims.
9. Costs & Typical Budget (2025 Rates, PHP)
Item | Low Estimate | High Estimate | Remarks |
---|---|---|---|
Language Training (optional) | ₱ 5,000 | ₱ 15,000 | Private review centers; not mandatory. |
EPS-TOPIK exam fee | ₱ 1,120 | — | Fixed by DMW (USD 24). |
Skills test fee | ₱ 910 | — | If required by sector. |
Medical exams (x2) | ₱ 4,500 | ₱ 7,000 | Pre- & post-selection. |
Passport | ₱ 1,950 | ₱ 2,500 | DFA 10-yr validity. |
DMW Processing | ₱ 8,725 | — | USD 100 set rate. |
OWWA membership | ₱ 1,400 | — | USD 25 at ₱ 56 / USD. |
PhilHealth (1 yr) | ₱ 4,800 | — | 2025 self-employed tier. |
SSS (1 qtr min) | ₱ 3,240 | — | Minimum OFW bracket. |
Airfare (Manila-Incheon) | ₱ 18,000 | ₱ 25,000 | Off-peak vs. peak. |
TOTAL | ≈ ₱ 49 k | ≈ ₱ 68 k | All payable to government or direct suppliers; no placement fee. |
10. Common Compliance Pitfalls
- Substitution of Contract – Any post-arrival change reducing wage/hours is void; report immediately.
- Overtime without pay – Keep time-cards and chat logs; file complaint within 3 years.
- Run-away Status – Absence > 3 days without notice leads to visa cancellation; may invoke the “justifiable transfer” process instead.
- Returning late to the Philippines – Overstay fines KRW 1–2 million plus ban 3–10 years; also ground for DMW disqualification for re-hire.
- Illegal Part-Time (“Alba”) – Working outside registered workplace is illegal; deportation risk.
11. Recent & Upcoming Changes (watch list)
Effective | Change | Impact |
---|---|---|
1 Jan 2025 | Minimum Wage ↑ to KRW 10,340 | Contract wages must adjust automatically. |
Q4 2024 | Digital Alien Registration Card (mobile) rollout | Workers must download and keep QR accessible; physical ARC still valid. |
Planned 2026 | MOEL pilot allowing Sector Shift after 2 years for high-performing workers | Await implementing rules; not yet in force. |
Conclusion & Practical Tips
Filipinos who wish to work in Korea under the Employment Permit System must navigate a government-to-government, intensely rules-based channel. Success hinges on:
- Strict documentary accuracy – any mismatch in name, date, or passport number stalls deployment.
- Early and honest medical disclosure – retakes are costly and time-sensitive.
- Language mastery beyond minimum – higher EPS-TOPIK scores rise to the top of employer picks.
- Financial preparedness – while placement-fee-free, the out-of-pocket government charges and air ticket together approach ₱ 50-70 k.
- Continuous compliance on site – observe Korean labor laws and contract terms to preserve re-employment eligibility and avoid bans.
This material is for general information only and does not constitute formal legal advice. Statutes, quotas, and administrative rules change frequently; always verify the current circulars of the Department of Migrant Workers (www.dmw.gov.ph) and HRD Korea before acting.