Labor Rights Guide ⚖️
한국 근로자 권리 가이드
📋 Table of Contents
⚖️Korean Labor Law Basics (근로기준법)
Korea's Labor Standards Act (근로기준법) protects all workers, including foreign workers. You have the same rights as Korean workers!
✅ Your Fundamental Rights as a Worker
- Written employment contract (required by law)
- Minimum wage or higher salary
- Overtime pay (1.5x regular rate)
- Paid annual leave based on years worked
- 4 major insurances (health, pension, employment, industrial accident)
- Safe working conditions
- Protection from discrimination and unfair dismissal
- Severance pay after 1 year continuous employment
🚨 Know Your Rights!
Many foreign workers, especially E-9 visa holders, face workplace violations. It's illegal for employers to:
- Pay below minimum wage
- Not pay overtime
- Confiscate your passport or ARC
- Prevent you from leaving the workplace
- Not provide a written contract
- Force unpaid work
- Discriminate based on nationality
💵Minimum Wage & Salary (최저임금)
2025 Minimum Wage
(increased from ₩9,860 in 2024)
💰 What This Means for Monthly Salary:
| Work Schedule | Hours/Month | Minimum Monthly Salary (2025) |
|---|---|---|
| Full-time (40h/week) | 209 hours | ₩2,096,270 |
| Part-time (20h/week) | ~87 hours | ₩872,610 |
* Calculation: Hourly wage × Average monthly hours (209h = 40h/week × 52 weeks ÷ 12 months)
⚠️ Important Salary Rules
- Payment deadline: Salary must be paid by the end of the following month at the latest
- Direct payment: Must be paid directly to the worker (not through agent or broker)
- Korean won only: Salary must be paid in Korean currency
- Full payment: Employer cannot deduct arbitrary amounts (except legally allowed deductions)
- Pay stub required: Employer must provide detailed pay slip
✅ Legal Salary Deductions
Employers can only deduct:
- 4 major insurances (around 9-10% of gross salary)
- Income tax (varies by salary, typically 3-10%)
- Dormitory rent (if agreed in contract and reasonable)
- Advance payments you requested
Illegal: Deductions for uniforms, training, recruitment fees, visa fees, or as "savings" you can't access
⏰Working Hours & Overtime (근로시간)
📊 Legal Working Hour Limits
Standard Working Hours
40 hours/week
8 hours/day × 5 days
Maximum with Overtime
52 hours/week
40h standard + 12h overtime (maximum)
Weekly Rest Day
1 day minimum
Usually Sunday or another fixed day
💰 Overtime Pay Rates
| Type of Work | Pay Rate | Example (₩10,030/h) |
|---|---|---|
| Regular hours (Mon-Fri, 9-6) | 100% (1.0x) | ₩10,030/hour |
| Overtime (beyond 40h/week) | 150% (1.5x) | ₩15,045/hour |
| Night work (10pm-6am) | 150% (1.5x) | ₩15,045/hour |
| Holiday/Sunday work | 150% (1.5x) | ₩15,045/hour |
⚠️ Overtime Must Be:
- Voluntary: You must agree to overtime work (not forced)
- Compensated: Paid at 1.5x rate, not "comp time" unless you agree
- Limited: Maximum 12 hours overtime per week
- Recorded: All working hours must be tracked and documented
🚨 Common Violations
- Forcing workers to work more than 52 hours/week
- Not paying 1.5x rate for overtime
- Calling overtime "voluntary" but punishing those who refuse
- Not recording actual working hours
- Making workers arrive early or stay late without pay ("service time")
🏖️Paid Leave & Holidays (유급휴가)
📅 Annual Paid Leave (연차휴가)
How Many Days You Get:
- First year: 1 day per month worked (up to 11 days if you work all 12 months)
- After 1 year: 15 days per year (guaranteed)
- After 3 years: +1 day per 2 years of service (max 25 days total)
Example Calculation:
- • Year 1: 11 days (if 80% attendance)
- • Year 2: 15 days
- • Year 3: 15 days
- • Year 4: 16 days
- • Year 5: 16 days
- • Year 10: 18 days
- • Year 20: 25 days (maximum)
Important: Unused annual leave can be paid out in cash or carried over (depends on company policy). Employer cannot force you to use or lose leave.
🎉 National Public Holidays
Korea has 15 official paid public holidays. If you work on a public holiday, you must receive either substitute day off + regular pay, or regular pay + 1.5x holiday premium.
• New Year's Day (Jan 1)
1 day
• Lunar New Year (설날)
3 days
• Independence Movement Day (Mar 1)
1 day
• Buddha's Birthday (May)
1 day
• Children's Day (May 5)
1 day
• Memorial Day (Jun 6)
1 day
• Liberation Day (Aug 15)
1 day
• Chuseok (추석)
3 days
• National Foundation Day (Oct 3)
1 day
• Hangeul Day (Oct 9)
1 day
• Christmas Day (Dec 25)
1 day
🏥 Other Paid Leave Types
- Sick leave: Not mandatory, depends on company policy (usually 5-10 days/year)
- Maternity leave: 90 days paid (60 days employer, 30 days government)
- Paternity leave: 10 days paid (for fathers)
- Menstrual leave: 1 day/month unpaid (female workers can request)
- Family care leave: Up to 90 days unpaid per year
- Bereavement leave: Typically 3-5 days (company policy)
📝Employment Contracts (근로계약서)
🚨 Written Contract is MANDATORY!
By law, all employers MUST provide a written employment contract in a language you understand. Never start work without a signed contract!
✅ Contract Must Include:
- Wages and payment method
- Working hours and days
- Workplace location
- Job duties
- Contract start date
- Contract period (if fixed-term)
- Paid leave entitlement
- Social insurance enrollment
- Housing (if provided)
- Termination conditions
- Employer and employee signatures
- Date of contract signing
📋 Types of Employment Contracts
1️⃣ Regular/Permanent (정규직)
• No fixed end date
• Full benefits and protections
• Most job security
• Cannot be dismissed without just cause
2️⃣ Fixed-term Contract (계약직)
• Specified end date (typically 1-2 years)
• Same wages and benefits as regular workers
• Can be renewed, but max 2 years total (then must convert to permanent)
• Common for E-9 visa workers
3️⃣ Part-time (시간제)
• Less than 15 hours/week
• Pro-rated wages and benefits
• Annual leave calculated proportionally
• Still entitled to minimum wage and protections
4️⃣ Dispatched Worker (파견직)
• Employed by staffing agency but work at another company
• More precarious, fewer benefits
• Often used in manufacturing
⚠️ Before Signing Contract:
- Get contract translated to your language if needed
- Read ALL terms carefully
- Verify wages match what was promised
- Check working hours and overtime policy
- Confirm housing details (if provided)
- Keep a copy for yourself!
- Take photos of signed contract
🏥4 Major Social Insurances (4대 보험)
All workers in Korea must be enrolled in the "4 major insurances" (4대 보험). Employer and employee each pay a portion (deducted from salary).
| Insurance | Employee % | Employer % | Purpose |
|---|---|---|---|
| National Health Insurance (건강보험) | ~3.55% | ~3.55% | Medical care coverage |
| National Pension (국민연금) | 4.5% | 4.5% | Retirement pension |
| Employment Insurance (고용보험) | 0.9% | ~1.05% | Unemployment benefits |
| Industrial Accident Insurance (산재보험) | 0% | Varies | Workplace injury coverage |
| TOTAL (approximate) | ~9% | ~9.5% |
💡 What This Means:
If your monthly salary is ₩2,500,000:
- • Health Insurance: ~₩88,750
- • National Pension: ₩112,500
- • Employment Insurance: ₩22,500
- • Total deduction: ~₩223,750 (~9%)
- • Take-home (before income tax): ~₩2,276,250
✅ Benefits You Get:
- Health Insurance: 50-70% discount on medical care
- Pension: Monthly pension after age 65 (or lump sum when leaving Korea)
- Employment Insurance: Unemployment benefits if you're laid off
- Industrial Accident: Full coverage for workplace injuries
🚨 Common Violations:
- Not enrolling workers in insurance (required for all workers)
- Only deducting employee portion but not paying employer portion
- Deducting but not actually paying to government
- Telling workers they don't need insurance (illegal!)
💸Severance Pay (퇴직금)
💰 You're Entitled to Severance Pay!
After working for 1 year or more (continuously), you must receive severance pay when employment ends.
📐 How Severance is Calculated:
Average Monthly Salary × Years Worked
(Minimum: 30 days of average wage per year)
Example Calculation:
• Monthly salary: ₩2,500,000
• Worked: 3 years
• Severance: ₩2,500,000 × 3 = ₩7,500,000
✅ When You're Entitled:
- Worked 1+ years continuously
- Worked at least 15 hours/week on average
- Applies to ALL types of termination:
- You quit voluntarily
- You were fired
- Contract expired
- Company closed
⏱️ Payment Deadline:
Severance pay must be paid within 14 days after your last working day. If employer delays, they owe late payment penalties (20% per year).
🚨 Common Violations:
- Not paying severance at all
- Claiming you don't qualify (if you worked 1+ years, you qualify!)
- Paying partial amount
- Delaying payment beyond 14 days
- Forcing you to sign documents waiving severance
📞Reporting Violations (신고하기)
🚨 If Your Rights Are Violated - Take Action!
Don't stay silent. Korean labor law protects you, and there are free services to help foreign workers.
Important: It's illegal for employers to retaliate against workers who file complaints or report violations.
🏢 Ministry of Employment and Labor (고용노동부)
Primary government agency for labor issues
📞 Hotlines:
- • General inquiries: 1350
- • Foreign worker support: 1345 (English, Chinese, Vietnamese, etc.)
- • Workplace safety: 1644-9500
🌐 Online:
- • Website: www.moel.go.kr
- • File complaint online: minwon.moel.go.kr
🌍 Foreign Worker Support Centers
Free consultation, translation, and legal support for migrant workers
Seoul Global Center
☎ 02-2075-4180
global.seoul.go.kr
Migrant Trade Union
☎ 02-2693-9119
mtu-korea.org
Seoul Labor Rights Center
☎ 02-2643-9002
National Human Rights Commission
☎ 1331
humanrights.go.kr
📋 Before Filing a Complaint:
- Collect evidence (pay stubs, contracts, work schedules, messages)
- Take photos of documents
- Record dates and times of incidents
- Get witness contacts if possible
- Write down what happened in detail
- Don't sign any documents under pressure
🔄 Complaint Process:
File complaint
Online, phone, or visit labor office
Investigation
Labor inspector examines your case and evidence
Resolution or penalty
Employer ordered to correct or face fines/prosecution
Follow-up
Check that employer complies with order
🗣️Useful Korean Phrases (유용한 한국어 표현)
Where is my contract?
계약서 어디 있어요? (gyeyakseo eodi isseoyo?)
I didn't receive my salary
월급 못 받았어요 (wolgeup mot badasseoyo)
I worked overtime
초과근무 했어요 (chogwageunmu haesseoyo)
I want to take annual leave
연차 쓰고 싶어요 (yeoncha sseugo sipeoyo)
This is illegal
이거 불법이에요 (igeo bulbeopieyo)
I want to report a violation
신고하고 싶어요 (singohago sipeoyo)
Know Your Rights. Use Your Rights.
You deserve fair treatment and safe working conditions