In Korea, an employment relationship is generally established through an employment contract between the employer and the employee. However, it’s important to note that an employment agreement can be either written or verbal. While a written contract is highly recommended to clearly define the rights and obligations of both the employer and the employee (and is mandated under Korean Law in most situations), a verbal agreement can also create a legally binding employment relationship between an employer and employee in Korea.
If an individual works for a Korean company without an explicit written contract, but can establish via evidence an agreement or understanding between the parties, they may still be able to claim their rights as an employee in Korea. Thus, we advise all employers to execute an employment agreement with an employee to avoid misunderstandings and false claims by employees.
The Korean Labor & Employment Law provides specific protections and rights to employees, regardless of whether their employment contract is written or verbal. The specific rights and protections available to an employee without a written contract will depend on the applicable labor laws and regulations in Korea. These rights typically include minimum wage, maximum working hours, paid leave, social security benefits, and protection against unfair treatment or wrongful termination.
If an employee in Korea believes their rights have been violated or they are facing issues with their employer, they can seek assistance from relevant authorities such as the Ministry of Employment and Labor or consult with an attorney for guidance on their specific situation. We offer a free consultation to all.
It’s important to keep in mind that labor laws and regulations can be complex, and it’s advisable to seek professional legal advice to understand and protect your rights as an employee and employer in Korea.
Can you sue an employer for not executing an employment agreement?
In Korea, employers are legally required to execute a written employment contract with their employees. Failure to provide a written employment contract or labor agreement does not absolve the employer of their legal responsibilities nor does it negate the rights of the employees.
If an employer fails to prepare a written labor agreement, as required by law, it may be considered a violation of the Korean labor regulations. The employer may be subject to fines and penalties for non-compliance. The specific penalties and consequences for not providing a written labor agreement may vary depending on the circumstances. The Ministry of Employment and Labor is responsible for enforcing labor laws and regulations and may take action against employers who fail to comply with their obligations.
Employees in Korea who have not received a written employment agreement or are facing issues with their employer’s non-compliance can seek assistance from relevant labor authorities or consult with an attorney for guidance on how to address the situation and protect their rights.
It’s important for both employers and employees to understand their respective rights and obligations under Korean Labor & Employment Laws and to ensure compliance with the legal requirements regarding employment contracts and labor agreements.
To schedule a call with an labor & employment attorney please: Schedule a Call with an Attorney.
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