Wage

Chapter 1. Understanding Wages

Ⅱ. Employers' Duties regarding Wages


1. Payroll

(1) According to Article 48 of the Labor Standards Act, employers must prepare a wage ledger whenever wages are paid. (Fine for negligence) Article 116 of the Labor Standards Act: Fine for negligence up to 5 million won
(2) The wage ledger includes information that can identify the worker, such as name, date of birth, and employee number, date of employment, work performed, matters that are the basis for calculating wages and family allowances, number of days worked, number of working hours, overtime, night work, or holidays. In the case of work, the number of hours, basic wage, allowance, amount of other wages by detail, part of the wages in accordance with laws or collective agreements should be included in the amount (health insurance premium, national pension, employment insurance premium, income tax, etc.). (Fine for negligence) Article 116 of the Labor Standards Act: Fine for negligence up to 5 million won

2. Payment of Various Money and Goods such as Wages
(1) In case of death or retirement, wages, compensation, and all other money and valuables must be paid within 14 days from the occurrence of the reason for the payment. However, in special circumstances, the period may be extended by agreement between the employer and the worker. (Article 36 of the LSA). (Penalty - Article 109: Imprisonment for up to 3 years or a fine of up to 30 million won
(2) All money and valuables include not only compensation for the work provided by the worker, but also money and valuables to be paid by the employer based on the labor relationship.
(Penalty) Article 109: Imprisonment for up to 3 years or a fine of up to 30 million won
(3) Exceptionally, in special circumstances, the payment date can be extended by agreement between the parties. In this case, the agreement between the parties must be made within 14 days from the date of occurrence of the reason for payment. (Penalty) Article 109: Imprisonment for up to 3 years or a fine of up to 30 million won
(4) In principle, unpaid wages and severance pay must be paid, including delay interest (20% per annum) for the number of delayed days until the payment date.
However, delay interest does not apply if the cause of Article 18 of the same Enforcement Decree, such as the commencement of corporate rehabilitation procedures or a decision to declare bankruptcy, etc. (Penalty) Article 109: Imprisonment for up to 3 years or a fine of up to 30 million won

3. Payment of wages

(1) Wages must be paid in convertible currency under the Korean Bank Act, except where the law or collective agreement stipulates that wages be paid in other ways.
However, in cases stipulated by the collective agreement, part of the wages may be paid in kind, stocks, or commodity exchange vouchers only to union members (Article 43 of the LSA).
(Penalty) Article 109: Imprisonment for up to 3 years or a fine of up to 30 million won
(2) Wages must be paid directly to workers.
It is also not permitted to pay wages to workers' parents or legal representatives.
It is possible for workers to deposit money into a bank account at a designated bank and withdraw it on payday. (Penalty) Article 109: Imprisonment for up to 3 years or a fine of up to 30 million won
(3) Part of wages cannot be deducted from wages, except when there are special provisions in laws or collective agreements, and the full amount must be paid to workers.
Therefore, deductions are possible when there are legal grounds (income tax, local tax, four major insurances) and when collective agreements stipulate deductions for labor union fees and welfare facility usage fees. However, in principle, wage deduction based on the provisions of the employment rules or the contents of the labor contract is not permitted. On the other hand, since wages must be paid in full to the worker, even if the employer has a claim for damages from the worker, the full wage must be paid without the worker's consent. However, when wages are overpaid due to a calculation error, wages can be offset, but even in this case, the timing of offset is reasonable enough to be seen as an adjustment to the wages paid in excess, and the amount and method of offset are disclosed to the worker. It must be a case where there is no fear of harming the lives of workers by giving advance notice. Penalty (Article 109) Imprisonment for up to 3 years or a fine of up to 30 million won
(4) Wages must be paid on a fixed date at least once a month. Employment rules must specify the wage payment period, and even if a worker joins the company midway through the month, part of the wage must be paid on the first wage payment day following the month of joining. Penalty (Article 109) Imprisonment for up to 3 years or a fine of up to 30 million won

4. Pay Slip

(1) When paying wages, the employer must issue a wage statement that includes the statutory details to the worker. (Applied to all workplaces with at least one full-time worker)
Penalty (Article 116) Fine for negligence up to 5 million won
(2) The pay slip is a written statement (including electronic documents pursuant to Article 1, Article 2 of the 「Framework Act on Electronic Documents and Electronic Commerce」) stating matters prescribed by the Presidential Decree, such as the composition of wages, calculation method, details of cases in which a part of wages are deducted pursuant to the proviso of Article 43 (1) of the Labor Standards Act. Penalty (Article 116) Fine for negligence up to 5 million won
5. Wage payment for subcontracting

In the case where a project is carried out under a subcontract, if the wages of workers hired by a subcontractor are in arrears due to reasons attributable to the immediate upper-level contractor, the immediate upper-level contractor shall be jointly and severally responsible for the payment of wages with the subcontractor. If the immediate upper-level contractor pays wages in arrears to workers hired by the sub-contractor, the immediate upper-level contractor may exercise the right to indemnity against the sub-contractor. With the revision of the Labor Standards Act, this provision applies even if a contract has been made once, so it is also applied in case of non-payment of wages to workers hired by the contractor due to reasons attributable to the contractor. Penalty (Article 109) Imprisonment for up to 3 years or a fine of up to 30 million won

6. Shutdown allowance

(1) 'Suspension' refers to a case in which a worker tries to provide work but is unable to provide work against his or her will, or the employer refuses to accept the work. In the case of suspension of business due to reasons attributable to the employer, the employer must pay workers an allowance of at least 70/100 of the average wage during the period of suspension. However, if the amount equivalent to 70/100 of the average wage exceeds the ordinary wage, the ordinary wage may be paid as a suspension allowance. In addition to intention and negligence, management failures that occur within the scope of the employer's power are regarded as causes attributable to the employer, but force majeure such as natural disasters or wars, and other circumstances outside the company that do not fall within the scope of the employer's power are not considered to be attributable to the employer. not. Penalty (Article 109) Imprisonment for up to 3 years or a fine of up to 30 million won
(2) Average wages means the amount obtained by dividing the total amount of wages paid to the worker for the three months preceding the date on which the reason for calculating them occurred by the total number of days in that period.
(3) The 'Employment Maintenance Subsidy System' is a system to prevent workers from losing their jobs by providing support to employers who are forced to adjust their employment due to business crises such as declines in sales and production, and take measures to maintain employment, such as temporary shutdowns or layoffs.

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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