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Legal Intellectual

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Q

I am curious about how to properly prepare an employment contract.

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The boss of the part-time job I newly started keeps putting off preparing an employment contract.. I have said several times that we should prepare it, but he keeps putting it off day after day with the excuse that he is busy or that he did not print it out; is this all right? Is this not a violation of the Labor Standards Act? Honestly I feel like just reporting it, but for now I will wait for a legal expert's answer. If there is an attorney specializing in labor law, I would appreciate a detailed answer.

Employment contract

A

Answer to Related Inquiry

Hello. I am an attorney specializing in labor law.


Even for a part-time job, an employment contract must necessarily be prepared, and putting this off constitutes a violation of Article 17 of the Labor Standards Act.

When an employer concludes a contract with an employee, essential matters such as wages, working hours, job content, holidays, and the contract period must be specified in writing and delivered. A violation of this can result in a fine of up to 5 million won.

The employment contract must be prepared in 2 copies, with the employer and the employee each keeping 1 copy, and disguising work in the form of an oral contract or a freelancer arrangement can also constitute a violation of the Labor Standards Act.

Types of violation of the Labor Standards Act include ▲dismissal without a justifiable reason, ▲nonpayment of overtime allowances, ▲payment below the minimum wage, ▲failure to prepare and deliver an employment contract, and ▲a disguised freelancer contract, and if your case falls under such grounds, you can report it to the Ministry of Employment and Labor.

Reporting is possible through the civil-affairs portal of the Ministry of Employment and Labor website or a nearby local employment and labor office, and it follows the procedure of securing supporting materials → acceptance of the report → investigation by a labor inspector → a corrective order or criminal booking.


If, the employer continuously puts off preparing the contract, it is advisable to consider legal measures, and if necessary, we recommend that you respond promptly and accurately with the assistance of an attorney specializing in labor law.

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