Summary of the Pilot Program for Hiring Foreign Workers (E-9) in the Restaurant Industry: Regulations and Application Conditions

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Foreign Workforce in Restaurants Allowed Starting in 2025

In 2025, the South Korean government will launch a pilot program allowing the temporary employment of foreign workers on E-9 visas in the restaurant sector. This initiative aims to alleviate the labor shortages faced by small to medium-sized dining establishments. Previously, the E-9 visa was limited to certain sectors such as manufacturing and construction, but now it extends its eligibility to the restaurant industry. In this article, we will delve deep into the background of the program, the requirements for applicants, and practical procedures for participation.

Overview of the Pilot Program for Hiring Foreign Workers (E-9) in Restaurants

1. Background and Eligible Countries

This pilot program targets small and medium-sized dining businesses struggling to recruit local employees. Beginning in 2025, the “restaurant industry” has been added as a new category for the employment permit system. Currently, workers from 16 countries can apply for this program, but only those from 11 specific countries are eligible for employment in the restaurant sector:

Eligible Countries for Restaurant Applications: Philippines, Sri Lanka, Nepal, Vietnam, Kyrgyzstan, Thailand, Indonesia, Myanmar, Mongolia, China, Uzbekistan.

2. Eligible Industries and Employer Qualifications

The industries permitted to hire foreign workers include general restaurants (5611) and specialty foreign food restaurants (5612) under the Korean Standard Industry Classification. However, certain types of establishments such as cafeterias, mobile catering services, snack bars, pubs, and non-alcoholic beverage shops are excluded from this initiative.

Employer qualifications include:

Maintaining business operations at the same site for a minimum of five years, verified by the business registration date.
Hiring up to two foreign employees: one employee for businesses with fewer than five staff members and two employees for businesses with five or more.

Moreover, employers must not have any outstanding national or local taxes as of the application date, nor should they have a record of closing or suspending their business.

3. Job Scope and Utilization of Foreign Workers

Foreign workers will primarily be engaged as kitchen assistants (95220) and food service staff (45311). Their responsibilities will be limited to non-customer-facing tasks such as assisting with cooking, washing dishes, cleaning kitchen equipment, and preparing utensils. Direct interactions with customers, such as serving, taking orders, or handling payments, are prohibited.

Note: It is essential to stay updated, as policies may evolve.

Requirements for Issuing E-9 Employment Permits

1. Proof of Recruitment Efforts for Local Workers

To obtain an employment permit for foreign workers, businesses must demonstrate that they have attempted to recruit local employees for at least seven days but were unable to hire anyone.

Methods of Recruitment: Registering on job portals like Worknet and requesting assistance from employment centers.
Documentation Needed: Activity reports regarding recruitment efforts, notifications about hiring outcomes, etc.

2. No Recent Layoffs of Local Employees

Employers must not have adjusted their workforce (e.g., terminations) of local employees in the two months preceding the permit application. Even legitimate layoffs for “business reasons” may be scrutinized by employment centers, potentially affecting the issuance of permits.

3. No Unpaid Wages

At the time of the permit application, there should be no unpaid wages owed to any employees. Previous reports of wage arrears in the last two years will be reviewed, alongside local labor office records.

4. Enrollment in Four Mandatory Insurances

To employ foreign workers, businesses must secure four types of insurance:

Employment Insurance
Industrial Accidents Insurance
Departure Guarantee Insurance
Surety Insurance

Certain exemptions may apply depending on the nature of the business.

A New Opportunity for Hiring Foreign Workers in Restaurants

This pilot program opens new avenues for small dining establishments that have long been restricted from employing foreign workers. However, it’s vital for employers to adhere to related laws and regulations, as violations can lead to penalties and the revocation of permits.

Employers are advised to carefully consider the following:

Ensure five years of operation at the same location.
Utilize foreign employees primarily for non-customer-centric roles.
Provide evidence of efforts to hire local workers first.
Comply with all legal requirements regarding insurance and wages.

Given that this is a pilot project, the extension of the program will depend on employment outcomes and feedback from participating businesses. Restaurant owners interested in this opportunity should participate in pre-employment training and specialized training to better navigate the system.

Contact Information for Related Agencies

Korea Food Service Association: ☎ 02-449-5009
Korea Workforce Development Agency Customer Center: ☎ 1644-8000
Verify Korean Standard Industry Classification: Check the Statistics Korea website.

Please note that this information reflects the situation at the time of writing, and government policies are subject to change. This is an informational overview and does not provide legal interpretations or judgments.

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