According to Article 17 of the Labor Standards Act, it is mandatory to write a labor contract!
Source: Ministry of Employment and Labor
According to Article 17 of the Labor Standards Act, businesses and workers are required to prepare a labor contract specifying ⓐwage, ⓑ annual paid leave, ⓓ and other working conditions.
Whether it’s a workplace with fewer than five employees, a part-time job, or a non-regular worker, we are forced to fill it out unconditionally.
Fines for not writing a labor contract: up to 5 million won or less
Source: Ministry of Employment and Labor
If you do not write a written labor contract, you will be fined up to 5 million won.
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In fact, the maximum limit is 5 million won, and usually a fine of about 300,000 won for the first complaint. And if you don’t write a labor contract habitually twice or three times, the amount is usually increased like 1 million won or 2 million won
At 300,000 won, the fine may seem a little small, but when a report is made to the Ministry of Employment and Labor, the case is sent to the prosecution and the prosecution imposes a fine (not an administrative fine, but a fine, which leaves a record. Red line, commonly referred to as “red line”)
In the process, you could be questioned by the Department of Employment and Labor, or you could be questioned back and forth to the prosecutor’s office if necessary, which is very, very bothersome;
<The standard labor contract is attached at the bottom of the posting>
In the case of part-time jobs
In the case of short-time workers such as part-time workers, you need to fill in both working days and working hours. If you don’t fill in, you’ll be fined 300,000 won! In this case, it’s not a fine, it’s a fine
Please refer to the standard contract below
“If you’re in a hurry to write it because you’re afraid of reporting it,”
First of all, the above essential items must be included in the labor contract.
Even if you have written a labor contract, you will be subject to fines if essential information is omitted, and the labor contract must be written immediately on the day you enter the company.
If a business owner hastily writes a labor contract because he is afraid to report it, he will also be fined. In fact, it is very difficult to prove this time before and after.
“Then how do you report it?”
http://www.moel.go.kr/index.do
Ministry of Employment and Labor for Tomorrow – Ministry of Employment and Labor opens up a bright future
www.moel.go.kr
If you go to the above <Ministry of Employment and Labor website>, there is a complaint – a complaint.
If you press the complaint, there are various reports, ranging from unfair labor practices to gender discrimination, sexual harassment, and wage arrears, and whether you report it to the overdue wage or directly from the mobile civil petition yard, the Ministry of Employment and Labor will give you an answer as soon as you receive it.
If you press the upper right of the civil petition yard, the mobile civil petition yard, you can file a written labor contract complaint right away.
The method of not reporting a labor contract is simple; you can just apply for it right away from the complaint!
However, if you file a report for a fine for not completing a labor contract, the labor inspector usually checks the matter with the employer, who will
“I was going to write a labor contract, but the worker kept refusing to write it, so I couldn’t help it,” the business owner said
In this way, the labor inspector can sometimes make a “suspended prosecution” judgment by trusting the employer. The prosecutor is postponing the prosecution itself (sending an opinion to the prosecutor)
Below is a standard labor contract for 7 types provided by the Ministry of Employment and Labor. It would be good to refer to it when writing a labor contract!