the Ministry of Employment and Labor
a labor contract
Make sure you don’t get to work! 근로계약서 미작성 벌금
Why do I have to use it?
The labor contract clearly sets key working conditions such as wages and working hours, and is essential for the protection of the rights of both workers and business owners.
What if I don’t write a labor contract?
If an employer signs a labor contract in writing and fails to issue it, a fine of up to 5 million won will be imposed, and if you are a fixed-term or short-time worker, you may be fined up to 5 million won.
How do I write it?
The labor contract should specify the details of wages, working hours, holidays, annual leave, and paid leave, and it is easier to use if you refer to the standard labor contract distributed by the Ministry of Employment and Labor.
Standard labor contract (how to prepare) jasminevista.com
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Standard labor contract (how to prepare)
_________ (hereinafter referred to as “business owner”) and __________ (hereinafter referred to as “worker”) enter into a labor contract as follows.
1. Labor contract period: From the date of the year to the date of the year
※ If the period of labor contract is not determined, only “the date of commencement of labor” shall be entered
☞ The period during which labor and management decide after consultation
2. Work place:
☞ Specify the place to perform the work
3. Details of work:
☞ Write down what you will do
4. Prescribed working hours: from hour to hour (rest hours: hour to hour)
☞ The labor and management set the number of hours to work per day (8 hours per day, 40 hours per week) within the legal working hours, and the rest time is 30 minutes for 4 hours and more than 1 hour for 8 hours
5. Working days/holiday: Every day (or daily unit) working, every day of the week
☞ Indicate which day of the week to work, and determine which day of the week to be given paid (weekly holiday) to be given if you are full-time on the day you are supposed to work during the week
6. wage
– Monthly (Sunday, Hour) Pay: ______________ Won
☞ Decide whether to set the wage as an hourly wage, weekly wage, or monthly salary, and specify the amount
– Bonus: Yes ( ) __________________ won, no ( )
☞ If there is a bonus, write down the details and amount of the bonus
– Other benefits (such as allowances): Yes ( ), No ( )
____________________________________________________________________________________
____________________________________________________________________________________
☞ If there is an allowance to be paid, such as family allowance or certification allowance, the relevant information will be stated
– Wage payment date: Monthly (weekly or daily) ____________ (pay the previous day in case of holidays)
☞ Description of when wages will be paid every month
– Payment method: Direct payment to workers ( ) and deposit to the employee’s name’s deposit account ( )
☞ After consultation between labor and management on whether to pay wages to the account, etc
7. annual paid leave
– Annual paid leave shall be granted as prescribed by the Labor Standards Act
☞ ① 15 days are given to workers who work more than 80% of the total prescribed working days for one year, one day is added every two years for more than one year, and the limit is 25 days
②One day of attendance for one month is granted to those who go to work less than one year or less than 80% for one year
8. Social insurance coverage (checked in the relevant box)
□ Employment insurance □ Industrial accident insurance □ National pension □ Health insurance
☞ The relevant information on the application of social insurance is written
9. Issuance of a labor contract
– At the same time as signing the labor contract, the employer shall copy this contract and deliver it to the worker regardless of the worker’s request for delivery (Implementation of Article 17 of the Labor Standards Act)
☞ Information indicating that the labor contract should be issued to the worker when the labor contract is concluded pursuant to Article 17 of the Labor Standards Act
10. Duty to faithfully fulfill labor contracts, employment rules, etc
– Each employer and worker shall comply with labor contracts, employment rules, and collective agreements and faithfully implement them
11. Other
– Matters not prescribed in this contract shall be governed by the Labor Standards Act
Year month date
(Business owner) Business name: (Telephone:)
Address:
Representative: (Signature)
(Worker) Address:
Contact:
Name: (Signed)
Work Contract Tip! Tip 1. What if you signed a contract on terms that fall short of the law?
The conditions that are not met are invalidated and the standards set by the Labor Standards Act apply. However, the labor contract itself is not invalid.
Download Standard Labor Contract (Form)
Shortcut Electronic Labor Contract
weekly holiday allowance
Are you receiving it?
The weekly holiday allowance…
If a worker who works more than 15 hours a week goes to work for a week, he or she must be given at least once a week, and the paid allowance is the weekly holiday allowance. Even workers who work less than 40 hours a week, 5 days a week, should be paid in proportion to their hours if they work more than 15 hours a week.
Who, how much can I get?
Workers who work an average of more than 15 hours a week are eligible and can receive a daily wage. For example, if you work 8 hours a day, you can get paid 8 hours.
What if you don’t keep the weekly holiday allowance?
Users who do not pay weekly holiday allowances may be sentenced to up to two years in prison or fined up to 10 million won in accordance with Article 110 (Penalty) of the Labor Standards Act.
Tips for calculating weekly holiday allowances. Tips 1. How to calculate weekly holiday allowances?
What if a person who works 20 hours a week was absent?
→ Weekly holiday allowance = (20 hours/40 hours) x 8 hours x hourly wage
Tip 2. Does anyone who gets paid also have weekly holiday pay?
Yes, that’s right. However, workers on the salary system already need to be checked because there are cases where weekly holiday allowances are included in their salaries.
minimum wage
Minimum rights of workers!
How much is the minimum wage?