MUST BEAUTY TO BE CAUSED OF FEE NOT FILLING IN WORK
When a new worker is hired, it is common to postpone the labor contract without immediately writing it. Often, labor contracts are delayed due to the probationary period or the fact that they have not yet received the employment documents.
However, failure or non-issuance of a labor contract could violate the Labor Standards Act, resulting in fines for not writing a labor contract.
A labor contract is an important document specifying legal obligations and rights between workers and business owners, and failure to properly write and issue it can be considered a violation of the Labor Standards Act and subject to legal sanctions.
A labor contract is a contract in which an employee enters a company and specifies working conditions and wages, and legally, it is a written contract that forms a legal relationship between workers and employers. Although it can be agreed verbally, disputes can lead to different arguments between labor and management, which can lead to problems with the burden of proof.
Article 17 of the Labor Standards Act stipulates that major working conditions are specified in writing and issued to workers, and violations of this may result in fines of up to 5 million won in unpaid labor contracts.
For universal workers, matters related to wages, prescribed working hours, weekly holidays, and annual paid leave must be specified in writing. Of course, it must not only be specified, but also actually be issued to workers.
It is also essential to write a labor contract that considers various types of work. For fixed-term or short-time workers, wages, working hours, breaks, holidays, vacations, places of employment and work, working contract period, working days and working hours per working day must be specified in writing.
No matter what type of work you do, you must write and issue a labor contract, which applies to all types of work, including probationary workers, short-term part-time, weekend part-time, fixed-term workers, short-time workers, and ultra-short workers. Minors must also sign a labor contract in their own name, and parents or family members cannot sign it on their behalf.
The labor contract must include the signature of the company’s representative, or president. The contract should be written at a time when the hiring is confirmed, and it is a rule to write it before the first day of work. During the probationary period, it can be legally problematic for workers to write a labor contract before they start working on their first day of work.
For full-time workers, a fine of up to W5 million may be imposed if they do not complete or issue a labor contract. On the other hand, fixed-term or short-time workers may be fined, not fined. However, in this case, the fine will not be criminalized and will not be recorded in the criminal record.
Penalties for non-writing labor contracts may vary depending on intentionality, missing items, and the number of violations, and both workers and employers must carefully write and issue labor contracts in consideration of this.