Unemployment Report 'Non-Face-to-Face' Allowed...Guaranteed Payment of 'Miscarriage Leave Benefits' for Fixed-Term Workers
Amendments to the Employment Insurance Act and Others Passed in the National Assembly Plenary Session
In the future, when it is difficult to visit employment security agencies due to disasters or other reasons, unemployment can be reported remotely through the Employment Information System. Additionally, fixed-term and dispatched workers will be able to receive remaining miscarriage and stillbirth leave pay even if their employment contracts expire during such leave.
The Ministry of Employment and Labor announced on the 28th that the Employment Insurance Act and related laws containing these provisions have passed the National Assembly plenary session. These laws will take effect six months after their promulgation.
First, the amendment allows individuals who wish to report unemployment to receive job-seeking benefits to report through the Employment Information System when it is difficult to appear in person due to disasters. The reasons for difficulty in attendance, as defined by the Ministry of Employment and Labor Ordinance, include natural disasters such as typhoons, floods, and cold waves, as well as social disasters such as fires, traffic accidents, and infectious diseases.
Furthermore, the payment of remaining miscarriage and stillbirth leave pay for fixed-term and dispatched workers will be guaranteed going forward. Currently, fixed-term and dispatched workers can receive an amount equivalent to the maternity leave pay up to the contract end date even if their employment contracts expire during maternity leave. However, there has been a blind spot as there were no separate regulations for cases where contracts expire during miscarriage or stillbirth leave. Accordingly, the government amended the Employment Insurance Act to allow workers to receive remaining miscarriage and stillbirth leave pay even after their contracts end during such leave.
The amendment sets the minimum age for artists and labor providers covered by employment insurance at 15 years old, considering the right to education and the possibility of receiving job-seeking benefits. Those under 15 may voluntarily enroll in employment insurance if they wish.
When a person with two or more different insured statuses changes jobs and seeks to receive job-seeking benefits, they can choose which insured status to apply under. In this case, if the chosen insured status is not the one lost last, eligibility will be recognized only if both the chosen insured status and the final insured status are not subject to disqualification reasons such as involuntary separation.
Currently, when a worker joins or leaves in the middle of a month, employment and industrial accident insurance premiums are calculated on a pro-rata basis and charged from that month. Going forward, premiums will be calculated from the following month and charged on a monthly basis.
Additionally, the criteria for disclosing personal information of high-amount and habitual insurance premium delinquents will be expanded to align with other social insurances by changing the delinquency period from two years or more to one year or more, and the delinquent amount from 1 billion KRW or more to 50 million KRW or more.
If the insurance premiums payable by a corporation are insufficient even after using the corporation’s assets, unlimited liability partners and major shareholders will be obligated to pay the premiums. In cases where a business is transferred, the transferee will be obligated to pay the shortfall.
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The Ministry of Employment and Labor emphasized, "We will prepare subordinate legislation and actively promote the amended laws to ensure smooth implementation and establishment in the field."
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