Welcome to BASE21

By Kang Eun-Kyung
Secretary General of FWR
Q: We are Pakistani industrial trainees who entered Korea in August and have been working at a foundry as trainees. However, that company, saying that we didn't work well, tried to send us to another company. We agreed to this because working at the company was very hard, and we didn't like it there.
Right after we consented to change to the new company however, they kicked us out and our agency has repeatedly said that there is no company to receive us. Since then, we have been living on the street without any money or place to stay. What can we do?

A: A trainee can only change their training company when the company has a problem. For example, when the company declares bankruptcy or shuts down, or there are other serious reasons like the company habitually not paying salaries. A trainee is also in no position to change their training company on their own decision. However, as in your case, it is possible when the company and trainee agree to such a move.
Such cases do have many restrictions though. Generally, when the company declares bankruptcy, the trainee is placed at a new company under responsibility of both the agency and KFSB. However, in your case, it takes
time because the new company doesn't seem to like to hire trainees who have had trouble at their previous company. In addition, if the original company applies for the transfer, the total bill for transferring to a new company is payed by the original company, but if there is a spontaneous agreement by the trainee, the company doesn't like to pay it. This is practiced as a rule.
The process of changing training companies should be done within fourteen days. However, this time can vary because employers like to hire Korean Chinese, Filipinos, and Indonesians first, as other nationals take a longer time to process.
The problem regarding this case is who pays the bill of accommodation and food before you arrive at the new company. From what you have said, because there is no principle that the charge is pay by the company and there is a possibility that it will take a long time to move to another company, you shouldn't have left your dormitory before you consented to work at a new company.
Sometimes, we are asked if the bill is supposed to be pay by the agency. The agency doesn't have full responsibility though. As the provision stipulates, 'the agency does management and guidance for the change of
trainee company'.

R: After a month of not being provided accommodation or food by the training company, the Pakistani trainees are now working at a new company owing to mediation by a department of KFSB.