Legal information

Seven things: the employer's identity, the contract period, the job and worksite, how the wage is built, hours and days off, housing and deductions, and whether the copy you hold matches the copy the employer filed. If any of these is blank, vague or different from what you were told, do not sign until it is corrected. In the employment permit system (고용허가제) the employer is required to use the government's standard form (표준근로계약서), and the terms written in it are what a labor office will enforce later. Promises made only by mouth are hard to prove.

Why does the form itself matter?

A Korean employer who hires a worker through the permit system cannot write its own contract. It must use the ministry's standard form, and an employer that skips the form can be fined. The form exists so that the main conditions are fixed on paper before you arrive, in a layout that is the same for every worker.

Separately from that, the Labor Standards Act requires every employer, for every worker, to state the wage, the working hours, holidays and annual leave in writing and hand the worker a copy. So you are entitled to a written document twice over. If you were never given one, that is already a violation.

The 7 things to check

1. The employer's name and address. They must match the company named in your employment permit (고용허가서) and the place you actually report to. A different company name on the first day can mean you are being lent to another employer, which is not allowed without a new permit. 2. The start and end dates. The contract period is agreed between you and the employer within your permitted stay. Check that the dates make sense with your visa and that the paper says what happens at renewal. 3. The job and the worksite. The form describes the kind of work and where it is done. Work that is completely different from the description, or at a site far from the address, is a change of conditions you did not agree to. 4. How the wage is built. Look for the basic monthly or hourly wage, each allowance listed separately, the method of calculation, the payment date, and whether pay goes to your bank account. A single lump sum with no breakdown makes it hard to check overtime and holiday pay later. 5. Hours, rest and days off. The form should state the daily and weekly hours, break time, the weekly day off, and annual leave. Compare this with what your recruiter described. A gap here is the most common source of disputes. 6. Housing and what will be deducted. If the employer provides a room, the form or an attached sheet should describe it and state any charge for housing and meals. The amount you see here is the amount that may appear on your payslip, nothing higher. 7. Your copy against the filed copy. Contract conclusion through the permit system usually goes through the Human Resources Development Service of Korea (한국산업인력공단), and the employer keeps a copy. Make sure the copy you take home has the same pages, the same numbers, and both signatures.

What if the paper and the job do not match?

The law gives you two tools. First, when the stated conditions turn out to be false, you can claim compensation for the damage, and the claim can be filed with the Labor Relations Commission (노동위원회). Second, you can end the contract immediately for that reason, and if you moved to take the job, the employer must pay your travel cost home. For a foreign worker this also matters for staying in Korea: an employer's breach of working conditions is one of the reasons that allows a workplace change without using up one of your allowed changes, so the record of what was promised is worth keeping.

Any clause that gives you less than the legal minimum is void on that point and the legal standard applies instead. A contract saying "no severance" or "no weekly holiday" does not remove those rights.

Which copies should I keep?

• The signed contract, every page, as a photo or scan on your phone and in a cloud folder
• Any attachment about housing, meals or deductions
• The job posting or the recruiter's message that described the conditions
• Your employment permit and the first few payslips, to compare with the contract

If the employer later asks you to sign a new version, keep the old one too. Changes to wages, hours, holidays or leave must be given to you in writing as well.

Who can read it with me?

The standard form is published in Korean with translations in the languages of the sending countries, and the translated text is usually printed next to the Korean. Read the translated side, but remember that the Korean text is what will be applied if the two differ. If something is unclear, ask the agency that handled your departure or the job center (고용센터) before signing, and write down the answer with the date and the name of the person who gave it.

Next step

If you already signed and now see a problem, do not stop working or leave the dormitory. Collect the documents listed above and ask for advice on whether the gap is large enough to claim or to request a workplace change. Consultation fees apply; after you contact us, a staff member will call to explain them.

법무법인 대한중앙
1533-7377

Rules applied

Act on the Employment of Foreign Workers (외국인근로자의 고용 등에 관한 법률) Article 9 (standard employment contract required; conclusion may be handled by the Human Resources Development Service of Korea; term agreed within the permitted period), Article 32(1)1 (fine for not using the standard form), Article 22-2 (housing information before the contract), Article 25(1)2 (employer's breach of conditions as a reason for workplace change). Labor Standards Act (근로기준법) Article 17 (wage, hours, holidays and annual leave stated and delivered in writing), Article 19 (damages and immediate termination when stated conditions are false; return travel expenses), Article 15 (terms below the legal standard are void).

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