As the number of foreign workers in Korea steadily increases, interest in labor laws and labor rights is also rising. However, due to language barriers and a lack of information, cases of workers suffering from unpaid wages, unfair contracts, and long working hours remain significant. Experts emphasize that “foreign workers are protected by labor laws just like Koreans,” and stress the need to familiarize oneself with basic rights in advance.

The first things to check are the minimum wage and working hours. In Korea, the statutory minimum wage applies to all workers regardless of nationality. Even if an employer offers a salary lower than the minimum wage, it may not be legally valid. The details of the minimum wage notice can be checked on the website of the Minimum Wage Commission.

Under the Labor Standards Act, statutory working hours are 8 hours per day and 40 hours per week. If there is an agreement between labor and management, work can be performed up to a maximum of 52 hours per week, including overtime. In the case of overtime, night work (from 10 PM to 6 AM), or holiday work, an additional payment of at least 50% of the regular wage must be received.

Checking the employment contract is of paramount importance. The contract must clearly specify wages, working hours, job duties, break times, holidays, and the contract period, and employees must obtain and keep a copy of the contract. In particular, for foreign workers, it is necessary to carefully examine the deduction items and amounts, as dormitory fees, meal expenses, and utility bills are frequently deducted from their wages.

Experts advise caution if an employer requests a signature without fully explaining the contract details, or if the company attempts to retain the original passport or Alien Registration Card. As a general rule, passports and Alien Registration Cards must be kept by the individual themselves.

Unpaid wages are one of the most common problems faced by foreign workers. If monthly wages are not paid, or if severance pay, overtime pay, or holiday pay is not received, a complaint can be filed with the Ministry of Employment and Labor. In this situation, it is helpful to secure documents such as employment contracts, pay stubs, bank deposit records, attendance records, and text messages.

The Ministry of Employment and Labor Customer Service Center (1350 without an area code) provides foreign language consultation services, and detailed information can be found on the Ministry‘s website. Explanations of relevant laws can be found through the “Easy-to-Find Living Law Information” website.

Protection against industrial accidents and workplace harassment applies equally to foreign workers as it does to Korean workers. If an accident occurs during work, you can apply for workers’ compensation; similarly, you can report and receive protection if you experience workplace harassment, such as verbal abuse, physical assault, or sexual harassment.

Experts emphasized, “The most important thing for foreign workers is to know their rights accurately,” adding, “When a problem arises, rather than trying to solve it alone, they should actively utilize the assistance of the Ministry of Employment and Labor or foreign worker support agencies.”

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