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- Essential Items and Precautions to Include According to Article 17, Paragraph 2 of the Labor Standards Act
- Violation May Result in a Fine of Up to 5 Million Won for the Employer
If you foreigners have successfully gotten a part-time job or employment after much difficulty, you might be excited, but there is a 'right' you must take care of before starting work in earnest. That is the preparation of the employment contract. The employment contract is the most powerful means to prevent disputes between labor and management that may arise later and to protect the legitimate rights of workers.
According to Article 17, Paragraph 2 of the Labor Standards Act, key matters that must be included in the employment contract are specified. According to the image, there are four major essential items to check.
4 Key Essential Items That Must Be in the Employment Contract
Wage Components, Calculation, and Payment Method: Not only the basic salary but also various allowances, bonuses, etc., how they are composed, how they are calculated, and when they are paid each month must be clearly recorded.
Regular Working Hours: The number of hours per day and total hours per week agreed to work must be stated.
Holidays: Regulations on paid holidays guaranteed per week (weekly holiday), etc., must be included.
Annual Paid Leave: Content regarding the standards for annual leave that occurs according to the Labor Standards Act and its use.
'Delivery' After Preparation is Mandatory… Fine for Violation
One fact that many people overlook is that not only should the employment contract be 'prepared,' but 'one copy must be directly received.' Legally, the employer has an obligation to deliver one copy to the worker after preparing the employment contract. If this is violated or essential items are omitted, the employer may be subject to a fine of up to 5 million won. As this is a legal device to protect workers' rights, workers should confidently demand their own contract.
A labor relations expert said, 'The employment contract is a precious promise between the worker and the employer,' and advised, 'Before starting work, carefully check if the above four items are accurately stated, and be sure to keep a copy for your own records.'