Convenience Store Probation Period & Minimum Wage in Korea: 2026 Complete Guide for Foreign Workers

Convenience Store Probation Period & Minimum Wage: Can Your Pay Be Cut?

Have you ever been told when starting a convenience store part-time job: "During the 3-month probation period, we only pay 80% of minimum wage"? Let's clarify exactly what is legal and what is permitted under 2026 standards.

Minimum Wage Reduction During Probation: Conditions Apply

Article 5(2) of the Minimum Wage Act (최저임금법 제5조 제2항) permits a minimum wage reduction for probationary workers, but both of the following conditions must be satisfied:

  1. A fixed-term employment contract of 1 year or more has been signed.
  2. The job is not classified as simple manual labor (단순노무직).

If both conditions are met, wages may be reduced to no less than 90% of the minimum wage, and only for the first 3 months from the start of probation.

The 2026 minimum wage is 10,320 won per hour. With the reduction applied, the minimum payable amount is 9,288 won per hour. Applying 80% is a clear violation of the law.

Work at a convenience store — such as cashiering, stocking shelves, or cleaning — is likely to be classified as simple manual labor under Ministry of Employment and Labor (고용노동부) guidelines. In that case, no reduction is permitted at all, and the full 10,320 won per hour must be paid even during probation.

Workplaces with 4 or Fewer Employees: Does the Labor Standards Act Not Apply?

The Constitutional Court reviewed the constitutionality of Article 11(2) of the Labor Standards Act (근로기준법 제11조 제2항) — which limits the application of the Act to workplaces with 4 or fewer employees — in its decision 2023헌마955. The petitioner in that case was a worker at a convenience store who had not received overtime and night-shift allowances.

Under current law, certain provisions do not apply to workplaces with 4 or fewer employees, including premium wages for overtime, night-shift, and holiday work (Article 56 of the Labor Standards Act / 근로기준법 제56조) and remedies for unfair dismissal (Article 28 / 제28조). However, the following apply regardless of workplace size:

In other words, even if a convenience store has 4 or fewer employees, failing to pay the minimum wage or the weekly holiday allowance is a clear violation of the law.

Dismissal During Probation: What About Advance Notice Pay?

The proviso to Article 26 of the Labor Standards Act (근로기준법 제26조 단서 제1호) exempts employers from the obligation to give advance notice of dismissal when the worker's continuous service is less than 3 months. However, workers with 3 months or more of continuous service have the same rights as regular workers even during probation: they are entitled to either 30 days' advance notice of dismissal or at least 30 days' worth of advance notice pay (해고예고수당) under Article 26 of the Labor Standards Act (근로기준법 제26조).

Note: The specific terms of your employment contract may differ from these statutory minimums — always check your written contract.

What to Do If Your Wages Are Withheld

If you received wages below the minimum wage during your probation period, you can take the following steps:

  1. Keep your pay stub and employment contract: Under Article 48 of the Labor Standards Act (근로기준법 제48조), employers are obligated to provide a pay stub (임금명세서).
  2. File a complaint with the Ministry of Employment and Labor (고용노동부): Submit a wage theft complaint (임금체불 진정) to the competent regional employment and labor office (지방고용노동청).
  3. Claim delay interest: If wages remain unpaid within 14 days after separation, annual delay interest of 20% accrues under Article 37(1)1 of the Labor Standards Act (근로기준법 제37조 제1항 제1호) and Article 17 of its Enforcement Decree (근로기준법 시행령 제17조). Since the amendment in force from 23 October 2025, it also applies to wages unpaid on the regular payday while still employed (Article 37(1)2 of the same Act / 같은 항 제2호; for payment events arising on or after that date).

If you want to immediately check whether your probation-period pay is lawful, use the salary take-home pay calculator at workbear.kr to calculate your actual take-home pay after the four major social insurance deductions, based on your hourly or monthly wage. If you suspect wage theft, you can also use the AI search feature to check relevant laws and response procedures.

This article is for informational purposes only and does not constitute legal advice. For specific cases, consult a certified labor attorney (노무사) or lawyer.

Frequently Asked Questions

Can I be paid less than minimum wage during a convenience store probation period?

Only if both conditions are met: a fixed-term contract of 1 year or more was signed, and the job is not classified as simple manual labor. In that case, wages may be reduced to 90% of the minimum wage within the first 3 months of probation under Article 5 2 of the Minimum Wage Act 최저임금법 제5조 제2항 . Based on the 2026 minimum wage of 10,320 won per hour, 90% equals 9,288 won. However, if convenience store work is classified as simple manual labor, no reduction is permitted at all.

If I am dismissed during probation, am I entitled to advance notice pay?

Under the proviso to Article 26 of the Labor Standards Act 근로기준법 제26조 단서 제1호 , the obligation to give advance notice of dismissal is waived when the worker's continuous service is less than 3 months. However, workers with 3 months or more of continuous service have the right to receive either 30 days' advance notice of dismissal or at least 30 days' worth of advance notice pay, even during probation.

If a convenience store has 4 or fewer employees, does the Labor Standards Act not apply at all?

No. Under Article 11 2 of the Labor Standards Act 근로기준법 제11조 제2항 and Attached Table 1 of its Enforcement Decree, a significant number of provisions still apply to workplaces with 4 or fewer employees, with the exception of remedies for unfair dismissal. The Minimum Wage Act, weekly holiday allowance 주휴수당 , and the Act on the Guarantee of Employees' Retirement Benefits 퇴직급여보장법 apply regardless of workplace size.

Does an employer not have to pay overtime or night-shift allowances during probation?

Workplaces with 4 or fewer employees are not subject to the premium wage provisions overtime, night-shift, and holiday allowances under the Labor Standards Act. However, at workplaces with 5 or more employees, an additional 50% of ordinary wages must be paid for overtime, night-shift, and holiday work regardless of whether the worker is on probation, under Article 56 of the Labor Standards Act 근로기준법 제56조 .