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- 1.Calculating Continuous Employment Period if Contract is Repeatedly Renewed
- 2.The Effect of Electronic Labor Contracts
- 3.Calculating Number of Ordinarily Employed Workers
- 4.How to do the Settlement of Industrial Accident Insurance of Undocumented Migrant Workers
- 5., I submitted a letter of resignation at the request of the company and followed the re-entry procedure. In my case, will I not be able to receive retirement pay?
- 6.Withdrawal of Resignation
- 7.Prohibition against Predetermination of Penalty for Breaches of Contract
- 8.Accident while Attending Company Workshop
- 9.Establishment of Employment Contracts
- 10.Does the labor contract have to be written on the printed paper? If I signed by e-mail, does it violate the Labor Standards Act?
- 11.Validity of Agreements to Repay Training Expenses and Non-Compete Agreements
- 12.Application of Labor Law for Workers during their Probationary Period
- 13.Whether a Branch Manager is an Employee under the Labor Standards Act
- 14.Application of Korean Labor Law for a Liaison Office in Korea of a Foreign Company
- 15.Is it possible to request an employee to perform occasional ad hoc tasks or missions outside the city or country of employment? Under which conditions?
- 16.Are there any requirements to notify / register each new employee with local authorities?
- 17.Mandatory Details to Specify in a Written Labor Contract
- 18.What are the prerequisites for a person to enter into an employment contract under local law (e.g. work permit, nationality, minimum age, military service, etc.)? Should / can an employer require a police-issued 'Certificate of good conduct' from the prospective employee? And are these conditions different for non-nationals?
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- 1.Excluded Periods from Calculation of Average Wage
- 2.Years of Continuous Employment
- 3.Wage Payment Principle
- 4.Equal Treatment
- 5.Inclusive Wage Systems
- 6.Calculating Minimum Wage
- 7.Interim Settlement of Retirement Allowances
- 8.Obligation to Issue Pay Slips
- 9.Calculation of the Minimum Wage and Whether the Bonus is Included in the Minimum Wage
- 10.Paying Retirement Pension/Severance Pay as Part of Regularly-Paid Salary
- 11.When can I recieve Allowance for Unused Annual Leave?
- 12.Can the employer deduct the expenses arbitrary from my salary?
- 13.Retirement Pension (for foreigners)
- 14.Allowance during Business Suspensions
- 15.Requirements for Weekly Holiday Allowance
- 16.Part-time workers also can receive a weekly holiday allowance?
- 17.Calculating Severance Pay for Part-time Workers
- 18.Please provide a list of obligatory allowances, if any (e.g. 13th month, food allowance, vacation allowance, transport allowance, etc.)
- 19.Can the employer pay any part of the remuneration to an account of the employee outside the country of employment?
- 20.Paying Wages with Foreign Currency
- 21.How often is it mandatory to pay salary (weekly / monthly)?
- 22.Is it mandatory to give salary increases or promotions or salary indexation? When? How much?
- 23.Is there a minimum salary? If yes, how much and how is it updated? Do different minimum salaries apply to different categories of employees?
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- 1.Obligation to install Recess Facilities
- 2.Calculating Overtime Work Allowance
- 3.Allowance for Unused Annual Paid Leave
- 4.Weekly Holiday
- 5.Calculating Annual Paid Leave upon Returning from Maternity Leave and Childcare Leave
- 6.Introduction of Telecommuting Work System due to COVID-19
- 7.Overtime Allowance for Those in Managerial or Supervisory Positions
- 8.Are company dinner hours and dinner with clients considered as working hours?
- 9.Recognized Working Hour System
- 10.Reduced Working Hours during a Childcare Period
- 11.Paternity Leave
- 12.Time Necessary for a Periodical Medical Examination of Pregnant Women and Sub-fertility treatment leave
- 13.Excluding Period from Calculation of Average Wage?
- 14.Non-Working Days and Holidays
- 15.Arriving Early to Work and Work Hours
- 16.Childcare Leave
- 17.My company does not want to grant my childcare leave, Is it okay to use childcare leave without the company’s permission?
- 18.Family Care Leave and Short-Term Family Care Leave
- 19.Family Event Holidays
- 20.Taking Employee Annual Leave on Certain Dates without Approval
- 21.Substitution of Holidays
- 22.Whether Training Hours Should Be Included in Working Hours
- 23.Time Necessary for Periodic Medical Examination for Pregnant Women and Sub-fertility Treatment Leave
- 24.Interim Settlement of Retirement Allowances?
- 25.Excluding Surveillance or Intermittent Workers from Application of Labor Law on Work Hours, Recesses, and Holidays
- 26.When can an employee be dismissed for medical incapacity to work? Is it possible to dismiss for medical incapacity to work which lasts more than 180 calendar days? What are the end-of-contract entitlements in case of a termination of contract when due to medical incapacity to work? How are the financial rights calculated?
- 27.What is the compensation which local law requires the employer to pay to an employee on sick leave? Is it possible to stop salary rights after 30 calendar days of sick leave?
- 28.When is an employee unfit to work for medical reasons? What are the obligations of an employee who is medically unfit to work: can he be required to provide a medical certificate? How many days can an employee be on sick leave without a medical certificate?
- 29.Does the law provide for other family-related leave entitlements? (e.g. breastfeeding leave, child-rearing leave; parental leave; paternal leave, care for other family members, etc.) For each separate right, please provide: Number of days / Remuneration / Conditions.
- 30.What employee rights are maintained during unpaid leave? (e.g. seniority rights, affiliation to social security, etc.)
- 31.Minimum or maximum duration of unpaid leave?
- 32.Is the employer obliged to accept a request for unpaid leave? If yes, in which cases and under which conditions?
- 33.What is the minimum or maximum number of special leave days for the mandatory cases required by law?
- 34.In which cases is it mandatory for the employer to grant special paid leave (e.g. birth, marriage, death, illness of family member, military service)? How is this special leave paid (full salary or part of it)? [Maternity leave is dealt with separately below]
- 35.Can an employer request an employee to work on a public/bank holiday in cases of necessity? How should that work be remunerated?
- 36.When a public holiday falls on a non-working day, is compensation mandatory and under which conditions?
- 37.Are there additional holidays foreseen for different religious or other groups or regions?
- 38.Which are the official, mandatory public/bank holidays? How or by whom are they fixed? Please provide the list for present and following years (if available)
- 39.Are there extra leave days for specific groups of employee (or a system of increasing the minimum leave rights by age, by seniority, etc.)?
- 40.Can the employer require that the annual leave includes at least a period of 2 consecutive calendar weeks?
- 41.Can an employee be required to use all their annual leave, i.e. not to carry over to the next year?
- 42.Does the local law provide mandatory rules for the carry-over or compensation of unused annual leave?
- 43.What is the minimum number of annual leave days?
- 44.Is the duration of a lunch break regulated by local law (minimum or maximum duration)? Is it obligatory to count the lunchbreak as part of the working hours? Must the lunchbreak be paid or unpaid?
- 45.Does local law provide rules on how to apply a shift / roster system for drivers?
- 46.Is it possible for the employer / employee to agree on a flexitime system?
- 47.Is it possible to compensate overtime hours with time off in lieu?
- 48.What is the remuneration for overtime? (including on Saturdays, Sundays, public holidays, etc. – expressed as a percentage of the salary?)
- 49.How is overtime calculated? Is there a maximum number of overtime working hours?
- 50.What are the maximum daily, weekly and monthly working hours under local law?
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- 1.Justification of Disciplinary Action
- 2.Workplace Harassment
- 3.Workplace Harassment (Unrecognized Case)
- 4.Compulsory Education
- 5.Weekly Holiday Allowance Requirements?
- 6.What is Shutdown Allowances?
- 7.Validity of Private Affairs as Grounds for Disciplinary Action
- 8.The Justification of Disciplinary Action
- 9.Sexual harassment
- 10.Sexual Harassment in the Workplace
- 11.Labor Relations Commission Procedures for Remedy against Gender Discrimination in Employment and Sexual Harassment in the Workplace
- 12.Breach of Equal Treatment? Is it discrimination?
- 13.Calculation Method of Number of Ordinarily Employed Workers
- 14.Justification of Personnel Appointments (Job Transfers)
- 15.Is it possible to dismiss on disciplinary grounds? If yes, under which conditions?
- 16.Which disciplinary measures can be dispensed (e.g. warning, reprimand, etc.)?
- 17.Procedures to be followed when taking disciplinary measures on an employee (e.g. deadlines, hearing)?
- 18.In which cases / for which grounds is it possible for the employer to impose disciplinary measures on an employee?
- 19.Does local law establish a labour inspector? If yes, what is his role / function / powers? What is the local practice on the role of the labour inspector in relation to diplomatic missions?
- 20.Which court has jurisdiction in employment matters under local law?
- 21.Can the employer require testing for alcohol or drug abuse at the workplace? Is it possible for the employer to include a drug test in the medical examination?
- 22.Is it possible for the employer to require the employee to submit to a medical examination – in which cases? Can the employer designate a medical practitioner for this purpose? Can the employee refuse to submit to this medical check?
- 23.How can an employer verify the medical certificate submitted by an employee or his fitness to work?
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- 1.Applying to the Labor Relations Commission for Remedy
- 2.Agreed Resignation or Dismissal?
- 3.Should I apply for Voluntary Retirement?
- 4.Claiming Mental Damages for Unfair Dismissal
- 5.Justification of Dismissing a Worker for Poor Performance
- 6.Dismissals for Managerial Reasons
- 7.Dismissals Due to Closure of Domestic Corporation
- 8.Dismissal Due to Falsified Information on Resume
- 9.Who should the employer pay the end-of-contract entitlements to in case of a termination of contract by death of the employee? Does local law provide for different end-of-contract entitlements in the case of a deceased employee?
- 10.What are the end-of-contract entitlements in case of a termination of contract by dismissal on disciplinary grounds? How are the financial rights calculated?
- 11.What are the end-of-contract entitlements in case of a termination of contract when reaching the retirement age? How are the financial rights calculated?
- 12.What are the end-of-contract entitlements in case of a termination of contract by voluntary resignation? How are the financial rights calculated?
- 13.Which documents need to be provided upon termination of contract (form of work certificate, deadline)?
- 14.Can a contract be terminated because of underperformance? What is the procedure to be followed?
- 15.What is the prescribed notice period? Is it possible for the employer to pay the notice period in lieu (i.e. the employee is not obliged to serve the notice period but gets paid for it instead)? What are the penalties if either party does not respect the notice period?
- 16.Exceptions to Obligation to Provide Notice of Dismissal
- 17.On what grounds can an employment contract be terminated by the employee? What are the penalties for non-compliance?
- 18.On what grounds can an employment contract be terminated by the employer? What are the penalties for non-compliance?
- 19.Should a suspended employee receive salary and other benefits (e.g. seniority rights) during the suspension?
- 20.Is it possible to suspend the employment contract under local law? Under which conditions (e.g. disciplinary cases, to preserve security or safety, pending criminal investigations or proceedings under national jurisdiction, etc.)?
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- 1.Transfers of Business (Status of Employment Due to Merger or Acquisition)
- 2.What are the end-of-contract entitlements in case of a termination of contract for economic reasons? How are the financial rights calculated?
- 3.What are the grounds for an economic dismissal? What is the procedure to be followed?
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- 1.Voluntary Resignations
- 2.Regulation of Retirement Age
- 3.The EU manages a complementary Brussels-based pension fund for its local staff (defined monthly employer + employee contributions are paid into a fund to cumulate interest – the total amount paid in contributions is then paid out to the employee as a lump sum at the end of the employment contract). Is this system compatible with local law? Can the lump sum be paid by the Delegation to an account of the employee outside the country of employment?
- 4.Does local law establish a voluntary or complementary pension benefit system? What are the eligibility conditions for registration / affiliation? What is the registration / affiliation process (by the employer or by the employee)? What are the employer and employee contributions?
- 5.Does local law establish a mandatory pension benefit system? What is the registration / affiliation process (by the employer or by the employee)? What are the employer and employee contributions?
- 6.At which age is an employee eligible for full pension? Eligibility for early retirement?
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- 1.Does the local law impose a mandatory right for an employee to be granted the right to work part-time? In which cases / for how long / under which conditions? Can the employer refuse if the work does not permit this flexibility?
- 2.Do rights for child-rearing leave; parental leave; paternal leave, care for other family members, etc. overlap / cumulate with maternity leave?
- 3.Does the law provide for other family-related leave entitlements? (e.g. breastfeeding leave, child-rearing leave; parental leave; paternal leave, care for other family members, etc.) For each separate right, please provide: Number of days / Remuneration / Conditions.
- 4.Does the law impose further working time arrangements following maternity (e.g. obligation to accept unpaid leave requests, obligation to accept part-time work requests, etc.)?
- 5.Can sick leave be cumulated with maternity leave (i.e. added to make the maternity leave period longer)? Under which conditions?
- 6.What employee rights are maintained during maternity leave? (e.g. seniority rights, payment of work allowances, etc.)
- 7.Is maternity leave paid or unpaid? How much? Who pays?
- 8.When can the maternity leave start / stop in relation to the delivery date (or date of confinement)? Who decides?
- 9.What leave rights does the law grant for pregnant employees / giving birth? How long is maternity leave?
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- 1.Calculating Severance Pay for Part-time Workers
- 2.Calculation of continuous employment period if the contract is repeatedly renewed
- 3.A Fixed-term Worker’s Right to Expect Contract Renewal
- 4.Can a probation period be agreed in a fixed-term contract? Are the conditions different than for an indefinite contract?
- 5.How long is the notice period if an employer or employee wishes to terminate an indefinite contract during the probation period? Can the notice period extend beyond the end of the probation period? Other procedural requirements? (e.g. notice in writing, etc.)
- 6.What is the maximum probation period which can be agreed in an indefinite contract? Can this probation period be prolonged further and under which conditions?
- 7.Under which conditions can a fixed-term contract be terminated before the contractual end date?
- 8.Are there any other conditions which would automatically convert a fixed-term into an indefinite contract?
- 9.Is there a maximum duration which would automatically convert a fixed-term into an indefinite contract?
- 10.Is there a maximum number of renewals which would automatically convert a fixed-term into an indefinite contract?
- 11.Under which conditions can a contract be concluded for an interim employee to replace the temporary absence of another employee? What are the conditions?
- 12.Under which conditions can a contract be concluded for the completion of a definite task (but without a fixed time limit)?
- 13.Under which conditions can a fixed-term contract be concluded?
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- 1.Settlement of Industrial Accident Insurance for Undocumented Migrant Workers
- 2.Industrial Accidents
- 3.Retroactive Deduction of National Pension and Health Insurance Premiums
- 4.Eligibility Requirements for Unemployment Benefits
- 5.Whether a CEO Can Subscribe to Employment Insurance
- 6.Does the local law provide for mandatory support to the surviving dependants / beneficiaries in case of the death of an employee? Does local law or practice provide a definition of 'dependents'?
- 7.Does the mandatory social security cover include an invalidity pension?
- 8.Does the mandatory social security cover unemployment benefits?
- 9.Is the employer required to provide mandatory or voluntary work injury / accident at work /occupational disease insurance?
- 10.Does the local social security system provide for compensation to the employee in case of incapacity to work (i.e. insurance against loss of earnings due to medical incapacity to work)?
- 11.Does the local social security system provide for compensation for medical expenses (services and pharmaceuticals)? If yes, is it a system of access to free medical services or a reimbursement system or a system of subsidised rates?
- 12.Is the employer registered to the social security system or is the registration and payment of contributions indirect, i.e. via the employee?
- 13.Please list all voluntary affiliations and employer/employee contributions to the local social security system or complementary social security systems foreseen by law.
- 14.Please list all mandatory affiliations and employer/employee contributions to the local social security system.
- 15.Can any of 13th month, food allowance, vacation allowance, transport allowance, etc. be exempt from tax?
- 16.The EU complementary pension fund system pays to the employee a lump sum at the end of the employment (the sum of all the contributions paid + interest accrued). Is this lump sum paid at the end of the contract subject to tax?
- 17.The EU manages complementary systems of health insurance + pension fund. Are the employee contributions to these social security schemes subject to tax? Are the employer contributions to these social security schemes subject to tax?
- 18.Which are the mandatory taxes on income / salary which apply to our categories of staff?
- 19.Is it mandatory for the employer to withhold taxes at source?