Workers' Rights and Labor Law

If You Don't Use a Contract, the Loss Always Falls on the Worker

Because of urgency, because it's someone you know who introduced you, or because of the phrase "we'll write it later," many people still start work without a labor contract. However, if later disputes arise over wages or working hours, spoken promises have no way of being proven. Inspectors also have no basis for judgment.

Creating and delivering a labor contract is the employer's legal obligation (Labor Standards Act Article 17). Just writing it and having the company keep all copies is also a violation. One copy must be given to the worker to keep.

> Not receiving a contract itself is a reportable issue. Take a photo of it, even. When disputing unpaid wages later, the first document requested will be the labor contract.

Items That Must Be in Writing

A contract that only says "Wages = OOO million won per month" is a deficient contract. If base pay and overtime allowances are not clearly separated, it will be impossible to determine later whether overtime pay has already been received or not.

Legal Standards for Working Hours, Breaks, and Days Off

Break time is free time to rest. Watching machines while eating is not break time but working time. If you cannot leave your post even while waiting, that counts as working time.

Annual Paid Leave is Accumulated Like This

[Less than 1 year of employment] 1 day for every month worked → Maximum 11 days

[1 year of employment, with at least 80% attendance in the previous year] 15 days

[Continued employment for 3 years or more] 1 additional day for every 2 years beyond the first year 3-4 years: 16 days 5-6 years: 17 days 7-8 years: 18 days ... 21 years or more: 25 days (limit)

Annual leave is principally used on the day the worker chooses. The company can only request a change in timing if it causes significant disruption to business operations. Unused annual leave is principally settled as annual leave pay (exception if the company follows legal procedures to encourage usage).

If the Workplace Has Fewer Than 5 Employees, the Standards Are Different

In the Busan, Ulsan, and Gyeongnam regions, there are not a few companies in the second and third-tier subcontractors with fewer than 5 regular employees. Depending on how many people are in your company, different provisions apply.

The number of regular employees is determined by actual number of employees, not the employer's personal statement. If you're confused, ask the Korea Labor Welfare Service Customer Consultation Center (1350 without area code).

Confirm Who Your "Employer" Is

In shipyards and auto parts manufacturing sites, it's common for multiple internal subcontractors to be inside the main contractor. The company written on the labor contract (your employer) and the person giving instructions on-site may belong to different companies.

• Subcontracting: Subcontractor manager gives orders. Normal structure.
• Dispatching: Allowed tasks and periods are set under the Dispatch Act, and direct manufacturing processes in manufacturing are principally prohibited.

If the main contractor's employee directly gives work instructions and manages attendance, it may be illegal dispatching. Since this is a difficult issue to judge, if you feel something is wrong, consult the Labor Inspection Office first.

Additional Checks for Foreign Workers (E-9)

• Use the Standard Labor Contract. Keep a translated version in your native language.
• It is illegal for the company to keep your passport and foreign registration certificate. Keep them yourself.
• Discriminating wages or working conditions based on nationality violates the Labor Standards Act Article 6. Minimum wage is also applied equally to domestic workers.
• Changing workplaces is allowed within a set number of times, but reasons not related to the worker's responsibility, such as the employer's violation of working conditions, are not counted toward that limit. Check with the Employment Center.
• Consultation for foreign workers: 1577-0071 (Multilingual consultation support)

Checklist Before Signing

• Is the wage clearly separated into base pay and allowances?
• Are the start and end times and break time specifically written?
• Is the weekly day off written as which day of the week?
• Did you not sign with blank spaces? (Absolutely prohibit signing with blank spaces)
• Did you receive one copy of the signed contract?
• Did you take a photo and save it on your mobile phone?