핸드폰 대리점Hello, I used to work at a KT dealership. It started on July 1st and lasted until July 26th almost a month ago and I quit. The reason is because it was my boss or the team leader. The person took away my cell phone, saying I will explain it to people when they come to ask for it. They don’t teach you how to do things, they tell you to make coffee, they tell you to go to the pharmacy, they ask you to buy bread, they ask you to apply medicine for sore toes, and when you ask them to teach you something, they say they’ll tell you later, but they don’t tell you, so they open the lid, talk, apologize, and since you’ve already said such a sad and unfair thing to your boss, it’s the end of the world. There was no one without it and I thought I wouldn’t be able to work here anymore because of this. I said I wouldn’t work from the next day and the boss gave me the okay, so I quit. But today is finally payday. If you sell a phone for a basic salary of 80, you get paid 3.3% of the price you sell after tax. Since I couldn’t complete the entire month, they said they would pay 80÷30×18 = 480,000 won. So I wondered what this was or if I was dreaming. They didn’t provide any meal expenses, so I had to pay for it myself. There was no set break time, so I just took a break to eat. It was time. They didn’t teach me anything even when I asked them to teach me, so I was memorizing the rate plan and when I looked at my phone for a moment, they said I was watching it all on CCTV and saying I was on my phone. So from then on, I just started not looking at my phone at all. Is 480,000 won a month right? Some people say that working at a mobile phone dealership is not the minimum wage. He said I could calculate it by entering the calculation, and the boss said he was a freelancer and said he would pay me 480,000 won. I called the Labor Office and they asked me to claim the minimum wage and weekly holiday allowance, but since I wasn’t sure, they told me to visit the Labor Office and tell them in person. I work from 10 a.m. to 8 p.m. I did it, but can I claim minimum wage and weekly holiday allowance…?
The core of your problem is ‘Are you really an employee?’ no see. This is because only if you are recognized as an employee, you can claim your rights under the Labor Standards Act, Minimum Wage Act, etc.
The dealership probably claimed that 1) they decided to receive a certain amount of cell phone sales as sales performance bonus, and 2) they classified the money and valuables paid as business income rather than earned income and deducted 3.3% tax, so they concluded that they were freelancers (sole business owners). It is highly likely that you will.
However, there are many things that dealers misunderstand. Even in cases where business performance bonuses are paid, there are some difficulties in being recognized as workers, such as paying 3.3% business income tax. Regardless of the form, commuting times are set, and a significant portion of workers are restricted by the employer from performing their work. The consistent position of the already established administrative interpretation of the Ministry of Labor and court precedents is that if it can be seen as an employee under the Labor Standards Act.
You are correct in asserting that weekly holiday allowance must be paid to all workers under the Labor Standards Act even in workplaces with fewer than five employees. If the wage level is less than the minimum wage, it is invalid even if you agreed, so it is correct to insist on the minimum wage.
Based on the administrative interpretation of the Ministry of Labor and court precedents introduced below, please claim, ‘I am not a freelancer, but an employee under the Labor Standards Act.’
Reference materials
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