Let’s look at the 2023 standard employment contract form and how to fill it out. With the number of employed people increasing by 300,000 in the second half of this year, more and more people are looking for employment contracts.
Go to download the 2023 standard employment contract form
In particular, it is true that workers and employers who are writing an employment contract for the first time do not know what an employment contract is and how to write it. In particular, those who extend the contract should check once again whether the contract is properly executed.
What is an employment contract? (employment contract)
A document that describes the working conditions of the worker.
It is an important document that can protect the rights of workers, including the duration of the employment contract, the amount and timing of wages received in return for labor (daily and hourly wages), and annual salary.
The fine for not writing an employment contract is this much?
https://minwon.moel.go.kr/minwon2008/petition/petition_list.do
When an employer hires a worker, he/she must write out an employment contract before officially going to work, and the employer and worker must each share one copy of the employment contract.
If the employment contract is not completed, the employer may be fined up to KRW 5 million or fined for negligence.
Disadvantages imposed on employers when labor contracts are not written
– Fixed-term workers: fines of up to 5 million won
– Full-time employee: Fine of up to 5 million won
The fines and negligence fines of 5 million won above are the maximum amount by law, and are usually imposed in amounts less than 5 million won, taking into account various reasons why the labor contract was not written.
Download the 2023 Standard Employment Contract Form Collection
What if your wages weren’t paid on time? Go to the Wage Deferred Complaint Form
If an employer has a history of being punished for not completing a labor contract, he/she has to pay more fines and fines, and if an employee intentionally refuses or delays the writing of an employment contract, a smaller fine or fine is imposed considering these reasons.
What should be included in the employment contract
There are items that must be included in the employment contract. Work place and work contents / Wage component items (salary, bonus, allowance) / Wage calculation method / Wage payment method / Prescribed working hours / Start time, end time of work, break time / Holidays and annual paid leave, etc.
The Labor Standards Act stipulates a large fine of up to 5 million won in case of violation of the duty to specify working conditions in the labor contract, and the imposition of fines for drafting labor contracts for fixed-term and short-term workers is stipulated in detail in the Irregular Worker Act.
The above essential items must be written in the labor contract, and must not be lower than the level of working conditions set by law as agreed upon by the worker and the employer.
How to report a non-written employment contract?
▶ Ministry of Employment and Labor Civil Complaint Center website > Civil complaint application > Civil complaint form > Other complaint reports (labor supervision) > Fill out and report
▶ Report to the customer service center of the Ministry of Employment and Labor > 1350 without an area code
Reporting can be done on the website of the Ministry of Employment and Labor’s Civil Service Center, or by calling the main phone number 1350, you can report it easily.
When to draw up an employment contract
Although it is not clearly stipulated in the law for drafting an employment contract, according to precedents and the guidance of the Ministry of Employment and Labor, the employment contract must be prepared before starting work or at the latest on the day of joining.
Even if the company and the worker agree not to draw up an employment contract, it is invalid because it violates the Labor Standards Act.
For example, even if a wage is lower than the minimum wage, this is invalid and the minimum wage is applied as wages, and the statement that severance pay is included in the monthly wage is not effective.
Today, we learned about the 2023 standard employment contract form and how to write it. thank you!