◀ Rights as a worker ▶
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.
→ IF you want to receive your wages…
★ Payment of wages
The employer must pay your full salary or wages in cash on a specified date every month (article 36). This money must be given to you directly. In no cases should your wages be given to other persons including your brokers or agents who introduced you. The employer should not take off a part of your wages. even if you had to stop working due to machine troubles or any other reasons.
Because wage is workers’ necessary means of living, the law stipulates following conditions:
(1) Direct payment: Wage must be given to the worker directly. This is to prevent other people from receiving your wages.
(2) Payment of total wages: This is to prevent problems arising from forced savings of your wages. Many employers in the past have not paid total wages in order to hold workers in their work places.
(3) Payment by cash: Your wage should be in the form of cash or check that can be exchanged for money. You should not receive things or objects in lieu of cash.
(4) Payment of wages on the specified day of month: This is to prevent delayed wages which can bring severe discomfort to the workers.
★ Minimum wage
The Korean government has set the minimum wage for the period of Sept. 1, 1999 at 1,400 won per hour, 11,200 won per day, 316,400 won per month, for those who work 8 hours a day or 44 hours a week. If your employment contract sets a wage lower than the minimum wage, it is null and void, and the minimum wage is effective in its place.
★ Discharge allowance (severance pay)
All workers who were employed for over a year are entitled to severance or discharge allowance. This is required by the Labor Standard Law. If your workplace has at least 5workers, and you are discharged, you must be paid a discharge allowance, which should be at least one month’s average wages for every year you have worked at the company.
Your average wages are calculated by dividing the total amount of your wages during the last three (3) months by the number of days (8292 days) in that period Particularly, you should remember that discharge payment is based on not only your regular salary, but also overtime, night work, holiday work and bonus payments. It, then, includes all payments you received from your employer.
★ Payment in cases of emergency and factory closure
In cases of medical emergency, such as childbirth, illness, or accident, your employer should pay you before the designated payday your wages for the days you have worked. In case your company’s operations are temporarily hut down due to things such as disorder or electrical or water shortages, and the employer is responsible for the shut down, the employer should pay you compensation equal to at least 70% of your average wages during the shut down period.
→ Working hours and allowance payment
★Working hours
Working hours is defined as the time you spend doing company work at workplace, excluding break time. Also, meeting, preparation for work, cleaning and other company related hours are included in the working hours.
The working hours for one work day should normally be no more than eight (8) hours, or 44 hours a week. If you agree, you can work overtime totalling not more than twelve (12) hours a week. If you work four (4) hours continuously, you should be allowed at least a 30 minute break, and if you work for eight (8) continuous hours, you should be allowed at least an hour-long break which you can take at your convenience.
★ Regular pay – Standard wage of calculating allowance payment
If you happen to work overtime, night shifts and on holidays, you are entitled to extra (premium) wages. Because this extra wage is based on your regular pay, you should know exactly how much your regular pay is. Also, your extra wage is based on service allowance, long service allowance, and danger allowance. Because people sometimes neglect to add other allowances, you should take a note of this.
★ Allowance for working overtime, night shifts and on holidays
You should receive wages equivalent to 150% of your ordinary wages, when you work more than 8 hours a day or 44 hours a week. This also applies if you work the night shift or work on holidays or your days off. The night shift means the shift between 9 p. m. and 6 a. m. In order to receive these allowances properly, you should maintain a record of hours you worked each time. It would be quite useful to keep all your receipt of payment, including the envelop that comes with your wages.
→ Holidays and Vacations
★ Paid day-off
Your employer should give you a paid day-off per week Paid day-off means literally you should get paid for a day without working. If you did not take any day off in a week for personal reasons, then you have worked a full week. Also, even if you do not work overtime or on holidays, it has no bearing on this clause. If you work on days you are supposed to be off, then you are entitled to 150% of your regular wage.
★ Monthly and annual paid leave
Your employer should give your one (1) day’s paid leave per month if you have not been absent for work. Your employer should also give you ten (10) days’ paid leave if you have a perfect attendance record throughout the year, or eight (8) days’ paid leave if you have attended more than 90% of the working days that year. For each full year that you have worked at your company, you should get one (1) day extra of paid leave in addition to the basic annual paid leave For instance, a person, who worked for more than three years and has not missed work for one year, is entitled to ten paid leave plus two additional paid leave days, totalling 12 paid leave days.
★ Method of using vacation days
A worker is entitled to use vacation days any way he wishes within one year. A worker can use monthly and annual leave days together or separately. Also, you are entitled to use them anytime you desire and by any means. If you worked continuously through leave days, then you are entitled to 100% of additional allowance rate.
→ Protection of women workers
If you are a woman worker, your employer must give you one (1)day’s paid menstruation leave every month (Labor Standards Law). If you are pregnant, you can request that you be given lighter tasks, and your employer must provide this. Also, your employer should not let you work overtime if you are pregnant. Finally, you are entitled to a total of 60 day’s paid leave before and after your delivery, and you should be allowed at least 30 days rest after delivery.
→ Safety and health
Based on industrial safety and health law, employers are required to provide all the necessary conditions for safe working environment. In order to prevent industrial accidents, establishing safety devices and safety measures should be the first precautionary step to be made. If you feel accidents could occur in your workplace, you should request your employer to install safety devices.
Also, employers are required to brief on safety measures when new workers are employed or a worker performs different tasks in the same job. In addition, all companies are required to provide safety education for at least two hours per every month. migrant workers, especially, should not jump into new jobs immediately, but should ask their
employers to provide safety tips and education.
Moreover, employers are required to conduct medical exams on their employees at least once a year. Especially in high risk jobs, employers must perform special medical exams on their employees at least once in six months. The medical examination fees, of course, must be paid for by employers.
Needless to say, maintaining one’s health and life is of paramount importance. Even if you are entitled to compensations for your injuries, you can not change the fact that lost health or life will not ever return. One must pay special attention in maintaining health and should request precautionary measures from one’s employers.