Korea Labor Law for Foreign Workers (2026): Wages, Dismissal, Workplace Injury & Complaints
Foreign workers legally employed in Korea are entitled to the same protections under the Labor Standards Act, Minimum Wage Act, and Occupational Safety and Health Act as Korean workers. This guide covers the essential rights every foreign worker in Korea should know.
Table of Contents
- 1. Labor Law Coverage for Foreign Workers
- 2. Employment Contract Requirements
- 3. Minimum Wage (2026)
- 4. Working Hours, Leave & Holidays
- 5. Dismissal Protections and Unfair Dismissal Remedies
- 6. What to Do When Wages Are Withheld
- 7. Industrial Accident Compensation
- 8. Workplace Harassment and Discrimination Prohibitions
- 9. Where to Report Violations and Get Help
- 10. Frequently Asked Questions
- 11. Consultation
1. Labor Law Coverage for Foreign Workers {#section-1}
Article 5 of the Korean Labor Standards Act states that "no employer shall discriminate against a worker in terms of working conditions on the grounds of nationality, creed, or social status."
| Law | Applies to Foreigners |
|---|---|
| Labor Standards Act | ✅ Fully applicable |
| Minimum Wage Act | ✅ Fully applicable |
| Occupational Safety and Health Act | ✅ Fully applicable |
| Equal Employment Opportunity Act | ✅ Fully applicable |
| Four major social insurances | ✅ Applicable (some variation by visa type, e.g., E-9) |
Even undocumented foreign workers retain the right to claim wages for work already performed.
2. Employment Contract Requirements {#section-2}
Under Article 17 of the Labor Standards Act, employers are required to prepare a written employment contract and deliver a copy to the worker.
Required Contract Terms
| Term | Details |
|---|---|
| Wages | Base pay, allowances, payment method and date |
| Working hours | Scheduled hours, start and end times |
| Days off and leave | Weekly rest day, annual paid leave |
| Workplace and duties | Location and job description |
| Contract period | Duration if fixed-term |
For E-9 visa workers, employers must provide a standardized employment contract printed in both Korean and the worker's native language.
3. Minimum Wage (2026) {#section-3}
| Item | Amount |
|---|---|
| Hourly minimum wage | KRW 10,030 |
| Monthly equivalent (209 hours) | KRW 2,096,270 |
| Who it covers | All workers at all businesses, including foreigners |
Paying below the minimum wage exposes an employer to up to 3 years in prison or a fine of up to KRW 20 million.
4. Working Hours, Leave & Holidays {#section-4}
Basic Working Hour Rules
| Item | Standard |
|---|---|
| Regular hours | 8 hours/day, 40 hours/week |
| Overtime | Up to 12 hours/week |
| Overtime / late-night / holiday premium | 50% additional pay on top of regular wage |
Leave and Holidays
| Item | Details |
|---|---|
| Weekly rest day | 1 paid day off per week for workers with 15+ hours/week |
| Annual paid leave | 15 days after 1 full year; +1 day every 3 years (up to 25 days) |
| Public holidays | Paid; employer must grant compensatory leave or premium pay |
5. Dismissal Protections and Unfair Dismissal Remedies {#section-5}
Under Article 23 of the Labor Standards Act, dismissal without just cause is prohibited.
Dismissal Procedure Requirements
| Requirement | Details |
|---|---|
| Just cause | An objectively reasonable reason must exist |
| Advance notice | Written notice 30 days in advance, or 30 days' regular wages in lieu |
| Written notification | Employer must notify the worker in writing with the reason and effective date |
Filing an Unfair Dismissal Complaint
| Item | Details |
|---|---|
| Filing authority | Regional Labor Relations Commission |
| Deadline | Within 3 months of the dismissal notice date |
| Outcome | Reinstatement order or monetary compensation |
6. What to Do When Wages Are Withheld {#section-6}
If an employer fails to pay wages, you have the following options.
| Action | Details |
|---|---|
| File a complaint with the Ministry of Employment and Labor | Report to the local Labor Office (고용노동부) |
| Labor Office investigation | Labor Office will order the employer to pay |
| Criminal complaint | Wage withholding is a violation of the Labor Standards Act and can result in criminal charges |
| Civil lawsuit | Small claims procedure available for smaller amounts |
If you obtain a wage arrears certificate, you can present it to immigration officials before departure to protect your right to collect unpaid wages.
7. Industrial Accident Compensation {#section-7}
Under the Industrial Accident Compensation Insurance Act, foreign workers injured in work-related accidents are entitled to industrial accident insurance compensation regardless of visa type.
| Benefit | Details |
|---|---|
| Medical treatment | Full treatment costs covered |
| Temporary disability benefits | 70% of average daily wage during inability to work |
| Disability benefits | Compensation based on disability grade |
| Survivors' benefits | Paid to surviving family in the event of a fatality |
| Nursing care benefits | For cases requiring constant care |
How to File an Industrial Accident Claim
- Report the accident to your employer immediately
- Submit an industrial accident treatment application to the Korea Workers' Compensation and Welfare Service (근로복지공단)
- Receive treatment at a designated medical institution
Undocumented foreign workers are also entitled to industrial accident compensation.
8. Workplace Harassment and Discrimination Prohibitions {#section-8}
Workplace Harassment Prohibition (Labor Standards Act Articles 76-2, 76-3)
| Item | Details |
|---|---|
| Definition | Using one's position to cause physical or psychological suffering, or to create a hostile work environment |
| How to report | Report to the employer or to the Ministry of Employment and Labor |
| Retaliation prohibited | An employer may not dismiss or otherwise penalize a worker for filing a complaint |
Sexual Harassment Prohibition
| Item | Details |
|---|---|
| Applicable law | Equal Employment Opportunity Act, Article 12 |
| Employer obligations | Mandatory prevention education; duty to protect victims |
| Where to report | Ministry of Employment and Labor; National Human Rights Commission of Korea |
9. Where to Report Violations and Get Help {#section-9}
| Agency | Contact | Services |
|---|---|---|
| Ministry of Employment and Labor Labor Counseling Center | ☎ 1350 | Wage, dismissal, and working conditions consultation |
| Korea Workers' Compensation and Welfare Service | ☎ 1588-0075 | Industrial accident claims and consultation |
| National Human Rights Commission of Korea | ☎ 1331 | Discrimination and human rights violation complaints |
| Foreign Workers' Support Centers | Regional | Specialized support for foreign workers |
| Korea Immigration Service Contact Center | ☎ 1345 | Visa, residence, and labor consultation (multilingual) |
1345 provides consultation in over 20 languages, including Korean, English, Chinese, Japanese, and Vietnamese.
10. Frequently Asked Questions {#section-10}
Q. My employer refuses to give me a written employment contract. What can I do? A. Failure to provide a written employment contract is subject to a fine of up to KRW 5 million. File a complaint with the Ministry of Employment and Labor's Labor Counseling Center (1350); they will order the employer to comply.
Q. I'm on an E-9 visa and haven't been paid overtime. What are my rights? A. Overtime, late-night, and holiday premium pay under the Labor Standards Act applies equally to foreign workers. File a wage complaint with your local Labor Office.
Q. I was dismissed without being told why. What should I do? A. Employers are required by law to notify workers of the reason for and date of dismissal in writing. Dismissal without written notification violates the Labor Standards Act. File an unfair dismissal complaint with the Regional Labor Relations Commission.
Q. Am I entitled to severance pay as a foreign worker? A. Yes. Foreign workers with 1 or more years of continuous employment are entitled to severance pay under the Act on the Guarantee of Workers' Retirement Benefits. Severance must be paid within 14 days of retirement.
Q. My employer treats me differently because of my nationality. What can I do? A. Discrimination in working conditions on the basis of nationality violates the Labor Standards Act. You can file a complaint with the National Human Rights Commission (1331) or the Ministry of Employment and Labor (1350).
11. Consultation {#section-11}
Language barriers often make foreign workers more vulnerable to labor rights violations. Professional support for wage recovery, unfair dismissal cases, and industrial accident claims can make a significant difference.
Vision Administrative Office provides comprehensive consultation on visa status, employment, and labor rights for foreign workers.
Free consultation: 02-363-2251
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