Labor Law Q&A details

Chapter 1 Employment Relations

Mandatory Details to Specify in a Written Labor Contract

What information must be given in a labor contract?
In accordance with Article 17 of the Labor Standards Act, when an employer concludes a labor contract, he/she must clearly state to the employee the wages, the prescribed working hours, the weekly holidays, the annual paid leave, the place of employment and duties, the essential items of the employment rules and the dormitory rules (if the employee will reside in a dormitory).
The employer must deliver the written statement specifying constituent items, methods for calculating and paying wages, the prescribed working hours, the weekly holidays, and the annual paid leave to workers at the time a labor contract is concluded. Employers who violate this will be subject to a fine not exceeding KRW 5 million.
Since essential items of the employment rules include provisions on working conditions and welfare as well as the service regulations applicable to all workers in the business, in effect, all working conditions and welfare that apply to the worker will be specified.
However, in labor contracts, it is common to specify only personal matters such as wages, duties, and place of employment. Regular employment conditions such as annual paid leave and reasons for discipline are subject to employment rules or collective agreements. In this case, even if the labor contract does not specify certain matters, the obligation will be considered fulfilled if those matters are specified in the employment rules which are given to workers.

- Article 17 (Clear Statement of Terms and Conditions of Employment), Labor Standards Act, as last amended by Act No. 10319, May 25, 2010

In an employment contract, followings shall be included and the same also applies to any alteration after entering into a contract.
1. Wages (specifying constituent items, calculation methods and payment methods of wages)
2. Contractual work hours;
3. Weekly Paid Holidays (refer to the Article 55 of LSA);
4. Annual paid leaves under Article 60;

: There is no legal obligation to have the employment contract in the national language.

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

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