Legal information

Because Korean labor law excludes farming, livestock and fishing from its rules on working hours, rest breaks and holidays. So the extra 50% for overtime and holiday work is not required by law in these jobs. But that does not mean extra hours are free: every hour you work must still be paid, and some protections stay in place.

Which jobs does this cover?

The exception covers work such as:

• growing crops, planting, harvesting, greenhouse work, forestry
• raising animals: pigs, cows, chickens, and similar livestock
• catching, gathering or farming fish, shellfish and seaweed

It depends on what you actually do, not only on the employer's name. If most of your day is spent in a factory processing or packing food, the exception may not apply to you. Ask about it if your job does not look like farm or sea work.

What does the employer not have to pay?

"Not required by law" is not the same as "forbidden." If your employment contract (근로계약서) promises any of these, the employer must keep that promise.

What protection do I still have?

• Pay for every hour. Hours beyond your contract are still working hours. At minimum, each hour must be paid at least the legal minimum wage (최저임금).
• Night work premium. Work between 10 p.m. and 6 a.m. is paid an extra 50%, if the workplace normally has 5 or more workers.
• Annual paid leave (연차), also at workplaces with 5 or more workers.
• Severance pay (퇴직금) after one year or more of work.
• Workplace change on an E-9 visa when the employer breaks the contract or treats you unfairly.

What should I check in my contract?

Most farm and fishing workers on E-9 sign a standard contract (표준근로계약서). Look at:

1. the working hours written there 2. the rest days per week or month 3. whether housing and food will be deducted from pay, and how much 4. whether overtime or holiday work is mentioned at all

A common problem is a contract that says 8 hours a day while the real day is 11 or 12 hours. The difference is unpaid work, and you can claim it.

How do I prove my real hours?

Employers on farms rarely keep time records, so you need your own.

• Write down the start and end time every day, in a notebook or phone note.
• Take photos with time stamps at the start and end of work.
• Keep messages where the employer gives orders early in the morning or late at night.
• Ask co-workers if they would confirm your hours.

A daily record kept at the time is strong evidence, even if it is handwritten.

What can I do if I am underpaid?

Ask the employer first, ideally by text so there is a record. If nothing changes, file a wage complaint (진정) with the regional labor office (지방고용노동청). Bring your contract, payslips, bank records and your hour records. If the employer keeps breaking the contract, that can also support a change of workplace through the job center (고용센터).

Next step

Compare your contract hours with the hours you really work this week. If there is a gap, keep a daily record from today. Consultations are paid; when you contact us, a staff member will call you back and explain the fee.

법무법인 대한중앙
1533-7377

Rules applied

Labor Standards Act (근로기준법) Article 63 (farming, livestock and fishing excluded from rules on hours, breaks and holidays), Article 56(3) (night work premium), Article 55 (weekly paid holiday), Article 60 (annual leave), Article 11 (5 or more workers). Minimum Wage Act (최저임금법). Severance under the Employee Retirement Benefit Security Act (근로자퇴직급여 보장법).

This is general information, not legal advice. Every case is different.