Today, I will talk about the 2023 Standard Employment Contract and also mention Article 17 of the Labor Standards Act as the relevant law.
2023 Standard Employment Contract Form and Related Laws Article 17 of the Labor Standards Act
1. Employment contract definition
Generally, an employment contract has the following definitions. You may all have some expectations, but it would be better to summarize the exact concepts at least once and move on.
Employment contract:
A document that describes the working conditions of the worker.
This is an important document that protects workers’ rights as it contains the period of the employment contract, the amount and payment period of wages received in return for labor (daily wage and hourly wage for daily workers), etc.
2. Laws related to employment contracts
Like other contracts, employment contracts also have related laws.
This is Article 17 of the Labor Standards Act.
This Article 17 contains provisions that must be included when concluding an employment contract and contains information on how to handle the written employment contract.
For reference, there are a total of 5 items specified in the law, but if you go into more detail, there should be around 9 to 10 items.
Article 17 (Specification of working conditions)
① When concluding a labor contract, the employer must specify the following matters to the worker. The same shall also apply if any of the following matters are changed after concluding an employment contract. <Amended May 25, 2010>
1. king
2. Prescribed working hours
3. Holidays under Article 55
4. Annual paid leave under Article 60
5. Other working conditions prescribed by Presidential Decree.
② The employer may submit a written document (Article 2, Paragraph 1 of the Framework Act on Electronic Documents and Electronic Transactions) specifying the components, calculation method, payment method, and matters from subparagraphs 2 to 4 of the wages related to Paragraph 1, Subparagraph 1. (including electronic documents in accordance with) must be issued to workers. However, if the matters specified in the main text are changed due to reasons prescribed by Presidential Decree, such as changes in the collective agreement or employment rules, it shall be issued to the worker upon request. <Newly established on May 25, 2010, January 5, 2021>
3. Employment contract items
There are many items in an employment contract, which can be roughly divided into mandatory items and optional items.
We recommend that you check whether the employment contract you are writing contains at least all required items.
3-1) Required items
Required items based on the Labor Standards Act are as follows.
Of course, in general, the form of an employment contract varies from company to company.
There are many companies that use their own forms rather than standard employment contracts.
The form of the form doesn’t really matter.
If all the required items are included.
1) Work start date
2) Place of work
3) Contents of work
4) Regular working hours
5) Working days/holidays
6) King
7) Annual paid leave
8) Whether social insurance is applicable
9) Issuance of employment contract
3-2) Optional items
These optional items are recommended to be checked for a clearer employment contract.
Please keep in mind that sometimes unscrupulous companies do not clearly list these items and then later interpret them in a way that is advantageous to the company.
1) Reasons for termination of employment contract
2) Probationary period
3) Contents regarding promotion of annual leave (or detailed agreements regarding annual leave)
4) How to deal with absenteeism, tardiness, or early departure
5) Applicability to other systems (childcare leave, maternity leave, etc.)
4. Things to keep in mind when writing an employment contract
Based on the required items, I will briefly explain the precautions for each item.
4-1) Work start date
It is the day you start working, and is an important item that affects the date of application of the four major insurance policies.
If the first month’s wages are paid on a pro-rata basis, this will serve as the basis for the pro-rata calculation.
4-2) Work location
This must be checked in places with two or more offices other than the headquarters, such as branch offices or regional offices.
If you make a mistake, you may have signed an employment contract thinking you were working at the headquarters in Seoul, but your first day of work may end up in another province.
4-3. Content of work
Although I cannot describe it in detail,
For example, if you are a designer, it is better to write ‘Design’, if you are a salesperson, it is better to write ‘Sales’, and the approximate department and major level of work.
Of course, in small and medium-sized businesses, one person inevitably has to play multiple roles, but isn’t there a common sense level and scope?
4-4. prescribed working hours
This is where you document your commute time and lunch time.
4-5. Working days/holidays
You need to check whether it is a 5-day week or a 6-day week.
Generally, in the case of a 5-day week, Saturday is an unpaid holiday and Sunday is a weekly holiday.
It does not matter if Saturday is a weekly holiday and Sunday is an unpaid holiday.
Also, make sure to check when the weekly holidays are, as you may need to check later.
4-6. wage
This is the most important part.
If possible, please write in detail, such as how much your monthly or daily wage is, what type of tax and how much it is, whether there is a bonus, when the money is paid, and how it is paid.
4-7. Annual paid leave
There is really a lot to say about annual paid leave.
Please refer to other articles I have written separately.
Annual leave accrual standards (feat. Labor Standards Act Article 60, court precedent)
As amendments related to annual leave take effect in 2022, many people seem to be curious about the standards for annual leave accrual. Annual leave is an employee’s right based on Article 60 of the Labor Standards Act, so it is important to know and feel confident about it.
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Find out how to calculate annual leave allowance (feat. normal wage, average wage)
We keep talking about annual leave. It would be a good idea to refer to the previous blog post for information on the criteria for annual leave accrual and how to fill out an annual leave application form (link below)
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[Novelist HR] Can I get annual leave even if I work part-time? (feat. workers less than 1 year)
‘Respect Alba’s plan!’ There are a lot of people working part-time these days, right? However, in general, the contents of the employment contract, annual leave, etc. are often discussed based on full-time employees, so those working part-time must have an employment contract,
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4-8. Social insurance coverage
Generally, if you are a full-time employee, you are covered by all four major insurance policies.
Please note that university field trainees are also required to obtain at least industrial accident insurance from their company, so don’t miss out.
4-9. Issuance of employment contract
According to Article 17, Paragraph 2 of the Labor Standards Act, employment contracts are legally required to be delivered to workers unconditionally.
If they don’t give you a copy, feel free to ask for one.
5. Free download of standard employment contract form
Now, finally, download the standard employment contract form, take your time and read it carefully, and be sure to read the contents mentioned so far before writing the contract. You will be able to write a successful employment contract!!
Let’s all write contracts without mistakes! 🙂
Standard employment contract (7 types) (June 19).hwp
0.13MB