- Ministry of Employment, Labor Regional Employment and Labor Administration
You can file for petition (demand to get arrears), accusation (business owner gets punished due to the violation of Labor Standards Act). If a company goes bankrupt, you can apply for substitute payment.
Process of disposal: Petition → Investigation fact relation (arrears detail and pay time etc. investigation) → decide overdue wage → pay direction → payment (End) / takes 25days (extend 2times)
※Unpaid case: accusation/charge → investigation about the crime truth → recommend payment → result of a criminal investigation is sent to the public prosecutor’s office. (it takes two months to process everything)
※if there is a delay in payment of wages, business owner can be imprisoned for about 3 years or should pay 20 million won as penalty charge
- Civil action
Those who have monthly income below 4 million won can receive free support legal system (refer to free support legal system service)
- Process of disposal: Employer’s asset provisional attachment (applicable court) → small claims case judge/civil action (applicable court) → compulsory execution (chattel: marshal, property : applicable court)
- Substitute payment application
The substitute business owner paying overdue wages system, no-day week pay, and severance pay by bankruptcy of company
Requirements for the payment: Business owners operating for over 6 months may be prone to bankruptcy, thus they should apply for occupational health and safety insurance.
-Billing Method: From bankruptcy recognition date of company charge to Jurisdiction Regional Ministry of Employment and Labor in 2 years.
- Allowance: End wage of 3 months and end severance pay of 3 years, but maximum of 18 million won pay for criterion prior to the retirement period.
※ Wages and Gratuity Monthly Maximum Price : under 30 1.8million won, between 30~40 2.6million won, between 40~50 3million won, over 50 2.8million won, over 60 2.1million won (small substitute payment’s maximum price : 4million won, General substitute payment’s maximum price: 18million won)
- Workers with overdue wages may have access to support legal system services
Korea Legal Aid Corporation supports workers with overdue wages are secures claim for wages through legal actions.
- Recipient Worker: If the average wage for 3 months is below 4 million won, they may consult Korea Asset Management Corporation which is in charge of administrative works concerning both foreign and local workers.
- Application Method: One must receive confirmation money and valuables in arrears from Regional Ministry of Employment and Labor and apply for legal system jurisdiction at Korea Legal Aid Corporation
- Necessary Documents: confirmation money and valuables in arrears, identification card, stamp
※ Free Legal Aid One-Stop Support Services : One may visit the Regional Ministry of Employment and Labor on a Thursday, present a confirmation money and valuables in arrears → An aid package to Free Legal Aid Counsel Application, following Regional Ministry of Employment and Labor which operates once a week, twice a month (2nd, 4th holiday), once a month (2nd holiday) and needs previous inquiry.
Consultation Call : Ministry of Employment and Labor / Without telephone exchange number ☎ 1350
Gwangju Regional Employment and Labor Administration ☎ 062-975-6200 Mokpo Branch Office ☎ 061-280-0100
Yeosu Branch Office ☎ 061-650-0108 Jeonju Branch Office ☎ 063-240-3400
Consultation Call : Korea Legal Aid Corporation / Without telephone exchange number ☎ 132
Korea Legal Aid Corporation Gwangju Local Office ☎ 062-224-7806 Korea Legal Aid Corporation Hwasun Branch Office ☎ 061-375-7806
Maternity leave is granted for women workers who are about to give birth soon. In case of a miscarriage or stillbirth incident, maternity leave is also given.
- Availability: a vacation before and after childbirth is only available for women who are pregnant or have a physical birth (miscarriage and stillbirth,)
※ If a worker is employed for an irregular work, maternity leave can still be given.
※Artificial abortion is not recognized unless valid reasons are provided and these reasons should fall under the law of Mother and Child Health Act No.14 (Acceptable Limit of Artificial abortion) .
- Break term: Anyone can apply for a 90-day maternity leave in case of miscarriage risks. Multiple births (twins, triplets) can use a 120-day maternity pre-absence vacation.
If The abortion, the age of the abortion, the differential from the date of lactic acid.
※ Before birth/after birth of break terms and miscarriage/stillbirth break are compulsory provisions, so business owner's time change and labor's waiver are not recognized.
- Procedure of Application : holiday apply(Laborers) → give holiday(User) → confirmation issue(User) → wage payment apply(Laborers)[Every month or after end-day] → payment requirement judge(decision pay or not pay)[Employment Center] → payment of salary(direct deposit)[Employment Center]
- Before birth/after birth holiday wage pay: Smaller businesses support of 100% for 90 days includes paid maternity leave and conglomerates support for30 days of no-pay period. Miscarriage break/stillbirth break’s usual pay is the same just like for perinatal holiday.
Spouse Birth Holiday
- Recipient: From childbirth day, within 30 days, minimum 3 days (maximum 5 days / 2 days unpaid)
Paid holiday and contractual service are possible and dispatched laborers can apply.
※ Holiday should be in consecutive days (3 days continuous duty), cannot be possible after 30 days from childbirth day.
- Application Method: charge to business owner within 30 days from wife's childbirth day
※ Spouse's maternity leave for the first 3 days is considered as a paid holiday.
Child-care leave is meant to support laborers balance their career and familial responsibilities.
- Recipient: laborers who have children under 8 years old
- How to use: one year child-care leave is given
(apply at jurisdiction job center)
- Child-care leave pay
- Payment Terms
It is more than 180 days before the date of the child care
A spouse who is insured for the same child will not be granted a child care vacation
Work that has a working period of more than one year
- Pay Amount
Terms of payment: Before the start of child-care leave, insured-unit-term is summed up.
Wage amount: 40% of normal pay (maximum 1million won, minimum 0.5million won)
- Documents required
child-care leave pay application
1 child-care confirmation document (the first one apply)
one normal payment evidential matter (wage ledger, employment contract, etc.) copy.
One copy of the material to be able to confirm the payment from the Business Week for the period of childcare
Retrenchment Working Hours System during Child-Care
This system is made for better parenting. Some laborers retire because they want to focus on parenting as in spending more time with their children. This system makes office hours shorter so they can still work and at the same time spend quality time with their family.
- Recipient: laborers who have children under 8 (if laborer applies for one year child-care leave, using this system is not permitted)
- How to use: If business owner does not have special reason, should accept working hours for 2 years, abbreviated time should be 15~30 hours in a week. Add Child-care leave, and working hours retrenchment must not be over 2 years.Exceptions: working period is under 1 year or child-care leave about same child / hard to recruit substitute / make important encumbrance to normal business management
- Payment of Salary for Retrenchment Working Hours System during Child-Care
Business owner pay for working hours, and job center pay for retrenchment working hours. Standard salary of child-care (normally 60% of wages, minimum 0.5million, maximum 1.5million) shorten working hours are paying proportion.
- Pay Object: Should be given working hours for 30 days from the employer and before beginning of child-care working, insured must be over 180 days.
※ Gravida can apply 2hours a day retrenchment working hours during before birth/after birth 90days apart from pregnancy period, Business owner should allow this system and it is not possible to cut of wage for retrenchment time.
Gratuity should be given for one month wage per one year working period but should not be graded in one operation. Personal gratuity calculated as long-service period and average wages. Gratuity calculation related rule is compulsory provisions, even there is agreement of party or agreement of joint labor-management conference or collective agreement under that gratuity is not effect
- Terms of Payment
· Labor should be work by the Labor Standards Act
· Labor keep work over 1 year
· Labor should work over 15 hours a week
· Should be fact-relation of gratuity.
Ministry of Employment and Labor Customer Service Center ☎1350 1350.moel.go.kr