Korea’s Labor Standards Act (근로기준법) covers you the same way it covers a Korean worker, whatever your visa. The most important thing to know is the size of your workplace: many rules, such as overtime premiums and annual leave, apply only where 5 or more people work.
Key facts
| Who | Every employee in Korea, Korean or foreign, full-time or part-time |
| Minimum wage | ₩10,320/hour in 2026 (₩2,156,880/month at 209 hours); ₩10,700 from 1 January 2027 |
| Normal hours | 8 hours a day, 40 hours a week; up to 12 hours of overtime a week (52 in total) |
| Overtime, night, holiday work | At least 50% extra (workplaces with 5+ employees) |
| Final pay | All wages and severance within 14 days of your last day |
| Help | Ministry of Employment and Labor (고용노동부) call center 1350 |
The 5-employee line
The law counts “regular employees” (상시 근로자), including part-timers. Below 5, the employer only has to follow part of the law. Ask how many people work at your company before you sign.
| Rule | 5+ employees | 1 to 4 employees |
|---|---|---|
| Minimum wage | Yes | Yes |
| Written contract | Yes | Yes |
| Weekly paid holiday (주휴수당) | Yes | Yes |
| Breaks (30 min per 4 hours, 1 hour per 8 hours) | Yes | Yes |
| Severance pay | Yes | Yes |
| 30 days’ dismissal notice | Yes | Yes |
| 40-hour week and 52-hour cap | Yes | No |
| 50% premium for overtime, night and holiday work | Yes | No |
| Annual paid leave | Yes | No |
| Paid public holidays | Yes | No |
| Protection from unfair dismissal | Yes | No |
Your contract
Your employer must give you a written employment contract (근로계약서) that states your wage, working hours, weekly holiday and annual leave, and hand you a copy. Not doing so can bring a fine of up to ₩5 million. Keep a copy in a language you understand, and check that it matches what you were promised before you arrived. Teachers on E-2 visas can use the E-2 contract checklist.
A probation period (수습) is allowed. If your contract is for one year or more, the employer may pay 90% of the minimum wage for the first 3 months, but not for simple manual jobs.
Wages
- Wages must be paid in full, in money, directly to you, at least once a month on a fixed day. Deductions are only allowed for taxes, social insurance and items the law or a union agreement allows.
- Your employer can’t hold back wages to pay for a broken item, a training fee or a “penalty” for leaving early.
- The minimum wage applies to everyone, including part-timers and E-9 workers. Meals or a room provided in kind don’t count toward it, so check that your cash pay alone reaches the minimum.
- If you work 15 hours or more a week, you earn a paid weekly holiday, worth one extra day’s pay. See minimum wage and weekly holiday pay or try the hourly wage calculator.
You earn ₩12,000 an hour at a company with 20 employees and work 4 hours of overtime one week. Those hours pay at least ₩18,000 each (₩12,000 × 1.5), so ₩72,000 instead of ₩48,000.
Hours, overtime and night work
At workplaces with 5 or more employees, work beyond 40 hours a week needs your agreement and is capped at 12 extra hours. Night work between 10 p.m. and 6 a.m. earns an extra 50%. Work on a holiday earns 50% extra for the first 8 hours and 100% extra after that. The premiums stack: overtime at night earns at least double pay.
Leave
- Annual leave (연차) at workplaces with 5+ employees: 1 day for each full month in your first year (up to 11 days), then 15 days a year once you’ve worked a year with 80% attendance, plus 1 day every 2 years after that, up to 25. Unused leave is usually paid out when you leave. See annual leave rules and the annual leave calculator.
- Maternity leave of 90 days (120 for twins or more) and parental leave apply at every workplace size.
- Sick leave isn’t required by law. It depends on your contract or company rules.
Leaving your job
- Severance pay (퇴직금): after at least 1 year of work averaging 15+ hours a week, you get at least 30 days’ average wages for each year worked, at any workplace size. Use the severance pay calculator or read the severance guide.
- Final settlement: all wages, unused leave pay and severance are due within 14 days of your last day unless you agree in writing to a later date.
- Dismissal: the employer must give 30 days’ notice or 30 days’ ordinary wages instead (not required if you worked under 3 months). At 5+ employees, a dismissal also needs a fair reason and written notice, and you can apply to the Labor Relations Commission (노동위원회) within 3 months if you think it was unfair.
- Your visa may depend on your job. Report a job change to immigration on time and check what changes you must report.
Keep your own records: contract, payslips, bank statements, and photos or notes of your working hours. They're the evidence a labor office uses if you ever have to file a claim.
If your rights are broken
Call 1350 (interpretation available) or visit your regional labor office (지방고용노동청). Unpaid wages can be claimed even after you leave the company and even if you no longer have a valid visa. See how to file a labor complaint, and for bullying or unequal treatment, workplace harassment and discrimination. Workplace harassment rules (직장 내 괴롭힘) apply at companies with 5 or more employees.
Common questions
Does Korean labor law apply if I’m on a tourist visa or undocumented?
Yes. Wage, injury and severance rights depend on the work you did, not on your visa. Working without the right visa is a separate immigration problem, but your employer still owes you the money.
My contract says severance is included in my monthly pay. Is that legal?
Generally no. Severance must be paid when you leave, not spread over your salary. Courts usually treat such a clause as invalid, so you can still claim it.
Can my employer keep my passport or ARC “for safekeeping”?
No. Your passport and residence card are yours. Holding them to stop you leaving is illegal; report it to 1350 or the 1345 Immigration Contact Center.
How much will I take home after deductions?
Taxes and four social insurances come off your gross pay. Check your numbers with the salary calculator and take-home pay guide.
Official sources
This guide explains the general rules as of the date above. Rules change and every case is different, so confirm with the office named here (or the 1345 Immigration Contact Center) before an important decision. Spotted something out of date? Tell us.