When you first join a company, you have to write a labor contract specifying your salary and work environment, but small-scale companies often delay or do not use it.
In the case of individuals, they often don’t talk about it because they think the boss won’t like it, so they don’t write a labor contract.
The labor contract can be used as evidence in the event of a legal dispute because it clearly represents working conditions as a document necessary to protect the rights of workers and business owners.
In the past, many companies were reluctant to write labor contracts, but recently, they are fined up to 5 million won, fixed-term workers, and short-time workers are fined up to 5 million won.
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Therefore, it is recommended that companies distribute labor contracts as soon as they hire people, and workers must also write to protect their rights.
1. How to create it
The labor contract is a mandatory document that must be written, not an option, and the contents of wages, prescribed working hours, paid holidays, and annual paid leave must be included.
Basically, labor contracts are created for those who provide labor, but care must be taken because they can work in the user’s favor depending on the interpretation of the content.
Download and complete the labor contract form
a labor contract
a labor contract
① Contract period
The first part to check after joining the company is when the labor contract begins, and I need to make sure that it is marked as the date of my joining.
If you join as a regular worker, there is no separate date for the end of the work, but for non-regular workers, please refer to the date.
② working hours
According to the Labor Standards Act, working hours for a week cannot exceed 40 hours, excluding breaks, but up to 52 hours can be worked, including overtime.
Legally, when working four hours a day, the break time is 30 minutes, and when working eight hours, the break time is 1 hour, and most of them are used as meal time.
③ Salary
The ordinary wage system, which receives as much salary as it has worked, is not a problem if it does not receive less than the minimum wage because additional work outside of the set working hours will be paid.
However, in the case of the comprehensive wage system, which contracts wages and allowances, there is no additional work allowance, so it is necessary to deal with how much overtime work is allowed per week.
④ Holidays
Workers who have worked more than 15 hours a week at workplaces with more than five employees guarantee a paid day off to relieve the fatigue accumulated while working, and most of them are paid with money.
Most companies set Sunday as a weekly holiday, but if the schedule changes due to shift work, it is better to make sure that the contract shows the details of this.
⑤ a vacation
If you work at the same workplace for more than a year and work more than 80% of the time, you will have 15 days of annual paid leave, allowing you to use 15 days of leave a year.
Even employees who have not completed a year can receive a day’s worth of paid leave if they go to work without missing the company for a month, so if they join the company on January 1st and go to work regularly, they will have 12 annual leave.
2. an unwritten fine
If you are fined, you will have a criminal record.
In Korea, people who hire employees are forced to provide labor contracts, so they are fined up to 5 million won if they violate them.
Sometimes I have a business owner who thinks it’s okay to work for only one day and quit, but I can be disadvantaged because it’s a rule to fill it out before I start working.
According to the Labor Standards Act, there is no specific time for writing a labor contract, but if an employee leaves the company without writing a labor contract or the period of non-writing is long, he or she will be subject to a fine.
In the past, even if you report it, you did not receive a fine if you corrected it because the case was minor, but now you have to immediately impose a fine of up to 500 million won per item.
For reference, in the case of fixed-term and part-time workers, matters about the working environment are to be specified in writing, so violating this will result in fines of up to 5 million won as well as fines.
Failure to comply with the weekly holiday allowance may be imprisoned for not more than two years or a fine not exceeding 10 million won
Failure to pay wages may result in imprisonment for up to three years or a fine of up to 20 million won
3. Reporting method
It is also possible to report anonymously, but if you do not think anonymity is guaranteed, it is recommended to petition for labor supervision to check the overall matters of the company.
① Access the website of the Ministry of Employment and Labor.
② Click on [Civil Complaints > Complaints] from the top left menu
③ Search [Other calming reports] in the search term box
④ You can press the application button and follow the procedure.
Procedure
① Completion of filing of other complaint reports
② Confirmation that the labor inspector has not completed the labor contract
③ Transferred to the prosecution and prosecuted the business owner
④ The court determines a fine for business owners
There are cases where people work without writing a labor contract because they are worried that they will be disadvantaged, but companies that do not write a labor contract in the first place are skipped
I’m sorry that if I join a large company, I won’t have to worry about this, but I hope everyone will write a labor contract to protect the value of labor on their own.
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