◀ Korea’s Labor Law and Worker Protection ▶
Korea’s standard labor law does not discriminate workers based on nationality. For this reason, migrant workers are protected under the existing labor law. But, in reality many migrant workers are being discriminated in work places. In these cases, knowing the contents and provisions of labor law is an essential part of exercising one’s rights as a worker. So please read this paper to comprehend Korea’s labor laws.
◈ The Labor Standard Law
Regardless of your nationality, every worker in Korea is subject to its labor laws and has the right to be protected. Also, these laws apply to trainees and illegal workers. The Labor Standards Law is particularly important, and you should know it in detail. Particularly, the Labor Standard Law is designed to protect workers by setting the minimum wage standard. While it is fortunate to contract with employers above the standard set by the Labor Standard Law, the contract signed below this minimum condition is considered invalid. In the case of violations, only those conditions that were violated become invalid and must be replaced by minimum conditions stipulated by the Labor Standard Law. Therefore, you should not worry about the contract itself, since the fact that you signed a contract does not become invalid.
1) Outline of the Labor Standard Law
The Labor Standards Law applies to workers in all workplace with five or more employees. Taking aside the employer of a company, this law applies in workplace where the total number of foreign and native workers exceeds five people. When you are about to get employed, it might be of disadvantage in many ways to be employed in a workplace with less than four employees since the Labor Standard Law will not be applied in those cases. But, if you had been working in a place with less than four employees and either did not get paid or experienced industrial accident on the job, there might be several ways to deal with such problems. In this case, please contact counseling centers.
2) Prohibition of Discrimination
Employers cannot discriminate against you on the basis of sex, national origin, religion, or social estate or caste. Again, based on this clause, no migrant worker, including industrial trainees and illegal migrant workers, should be discriminated in workplace.
-Also, the ILO’s 111th clause stipulates that one can not be discriminated against in terms of employment based on one race, color, sex, religion, political orientation, and ethnicity and social background.
3) Prohibition of forced labor and physical abuse
All kinds of forced labor performed against your will are strictly prohibited. In no case can employers physically abuse you in any way. Even if a worker commits a wrongdoing, this can not be a basis for forced labor, overtime work, night shift work, and work on holidays or days off. If you have been raped or beaten at workplace, escape as quickly as possible and contact your nearest migrant worker counseling center. Since there are usually emergency shelters available in counseling centers, you should escape at once and ask for help in those centers. If you incurred an injury, you should get treatment from medical centers listed in the booklet and receive doctor’s assessment of your injury. Then, counselors can help you report these rape and physical abuse cases to either police or prosecutor’s office and assist you in getting compensation for your injuries. Even if you are an illegal worker, you will not be forcibly returned to your country in these cases. So, do not worry about your status.
4) Brokers and/or agents cannot embezzle your salary or wages
Unauthorized brokers or agents should not introduce you to companies or work places. Those who do so and receive a brokerage fee or commission for their informal labor introduction, or those who regularly take a part of your salary or wages, face a maximum fine of 30 million won and/or maximum imprisonment of five years.
◈ Labor contracts and Worker protection
1) Labor conditions
At the time of making your employment contract, the employer should explain your wages, working hours, and other conditions. If you find differences between your actual working conditions and your employment contract, you can cancel your contract at any time and demand compensation. Also, while maintaining basic labor contract relations with your employer, specific contents of contracts must change as required by law. Moreover, you have the right to ask for wage increase each year and can ask for better working conditions as well.
2) Prohibition of conditional labor contracts
A worker is not liable to pay fines or penalties for not fulfilling his contract to work a specific length of time. This kind of labor contract is considered invalid. Because this penalty inhibits workers from moving to different workspace, it is prohibited by law. Though it would be wise not to make such contracts to begin with, you do not need to worry about this even if you had already signed a contract.
3) Protection of workers under labor contracts
The employer cannot force you to save or deposit a part of your salary or wage. Even if you borrow some money from your employer, your employer cannot take off that amount from your salary or wages without your consent. In the case of your resignation or death, your employer should pay your due wages or salary, compensation, and other remaining liabilities within 14 days to either you or your family. In the case that you quit your job, your employer cannot attempt to blacklist you in order to stop you from getting another job.
◈ Things to remember before employment
1) Must agree on labor terms and conditions
(1) what is the nature of your work? Is it dangerous? What kind of safety system is in your workplace?
(2) what are your working hours?
(3) whether or not you have to work overtime, night shifts, and holidays and/or days off. If so, you should find out how long you have to work and whether or not your consent is necessary.
(4) when is your break?