Legal Intellectual

Tired of unprofessional or promotional legal answers?
Daeryun specialist lawyers will answer your questions.

My part-time job's boss has breached the employment contract, including failing to pay the minimum hourly wage.

Hello. I am a 23-year-old university student working part-time at a convenience store. The convenience store owner is breaching the employment contract by delaying my hourly wage and paying it at a lower rate than agreed. The owner says that all the nearby convenience stores pay low hourly wages and that none of them provide overtime pay, so he claims that this much is already generous. Is that correct? I intend to report the owner for breach of the employment contract and quit the part-time job. I would like to report the unpaid wages, so please let me know how.

Breach of employment contract

Report of unpaid wages

Answer to Related Inquiry

Author: 고병준

Hello.

If you have been paid an hourly wage lower than the minimum wage while working at a convenience store, this constitutes a violation of Article 6 of the Minimum Wage Act and Article 36 of the Labor Standards Act.

An employer paying a worker less than the statutory minimum wage is treated as void.

In addition, upon retirement, any overdue wages and severance pay must be paid within 14 days, and if this is not observed, the employer may be punished.

A report of unpaid wages for a breach of the employment contract can be filed through the Ministry of Employment and Labor, and if you prepare evidence such as the employment contract, wage statements, a copy of the bankbook into which your pay was deposited, and the employer's personal details, the matter can be handled more smoothly.

As for how to file, you can submit the report by visiting the Ministry of Employment and Labor in person, or by fax, mail, or online (through the Ministry of Employment and Labor website).

If the labor authorities' investigation confirms the fact of nonpayment, the employer is ordered to pay the wages, and if the employer fails to comply, they become subject to criminal punishment (imprisonment for up to 3 years or a fine of up to 30 million won).

If the employer ultimately still fails to pay the wages, you can claim the wages through an application for a payment order or a small-claims trial, and even after obtaining a judgment, if payment is still not made, you can recover the amount directly from the employer's property through compulsory execution and provisional attachment.

Such legal procedures must be pursued within 3 years from the date on which the wage arrears occurred, and if it is difficult to resolve on your own, seeking the help of a labor attorney is also a good option.

In addition, there is also a simplified substitute payment that the labor authorities pay on behalf of the employer.

If you end up quitting your part-time job, you may receive up to approximately 7 million to 10 million won, covering the final 3 months of wages and severance pay for the final 3 years.

It may be a difficult situation, but I hope you will be sure to recover the rights to which you are lawfully entitled.