Daily Worker Employment Contracts in Korea: Required Contents & How to Write Them

Do Daily Workers Also Need a Written Employment Contract?

"It's just a one-day job — do we really need a contract?" This is a question heard often on worksites. The short answer is: writing an employment contract is a legal obligation even for daily workers (일용직 근로자).

Article 17 of the Labor Standards Act (근로기준법 제17조) requires employers to specify and deliver in writing key working conditions — including wages, scheduled working hours, holidays, and annual paid leave (연차유급휴가) — at the time of entering into a labor contract. This provision applies regardless of employment type, meaning it applies equally to daily workers hired on a day-by-day basis.

Mandatory Contents of a Daily Worker Employment Contract

Under Article 8 of the Enforcement Decree of the Labor Standards Act (근로기준법 시행령 제8조), the following must be included in writing:

Wage components, calculation method, and payment method (e.g., daily wage of KRW 150,000, paid in cash on the same day)
Scheduled working hours (e.g., 8:00 a.m. – 5:00 p.m., with a 1-hour break)
Holidays (including whether a weekly holiday applies)
Annual paid leave (many short-term daily workers do not meet the accrual requirements, but it must still be stated)
Place of work and duties
Contract period (for daily workers, state clearly as "1 day, on [Month] [Day]," etc.)

In particular, the contract period must be stated clearly on a day-by-day basis for daily workers. Vague language such as "extendable as needed" can lead to disputes over whether continuous employment exists.

Note for foreign workers: Your employment contract must meet these statutory minimums. If your contract states different terms, the more favorable terms apply, but the required items above must always be present.

What Penalties Apply for Not Writing a Contract?

Failing to prepare or deliver an employment contract results in a fine of up to KRW 5,000,000 under Article 114 of the Labor Standards Act (근로기준법 제114조). This is not merely a paperwork issue — when wage arrears or unfair dismissal (부당해고) disputes arise, the employer is placed in a disadvantageous position. Without a written contract, the burden of proving working conditions can shift to the employer.

Conversely, from the worker's perspective, the absence of a contract makes it difficult to prove the agreed wages or working conditions.

Practical Tips for Writing a Daily Worker Contract

Must a new contract be written every day? When a worker is repeatedly hired at the same workplace under identical conditions, some employers use a "comprehensive daily worker contract" and record dates separately. However, the Ministry of Employment and Labor (고용노동부) recommends, as a general rule, that a written contract be delivered each time a contract is concluded.
Electronic contracts are also valid. Under the Electronic Documents Act (전자문서법), delivery via email, KakaoTalk, or other electronic means satisfies the written-delivery requirement.
Check whether a weekly holiday allowance (주휴수당) applies. Even for daily workers, if scheduled working hours in a given week are 15 hours or more and the worker is fully present, a weekly holiday allowance is generated. Clarifying this in the contract prevents future disputes.
Confirm four major social insurance enrollment obligations. Daily workers are automatically covered by employment insurance (고용보험) and industrial accident compensation insurance (산재보험). Health insurance (건강보험) and the National Pension (국민연금) apply when the worker works for 1 month or more and at least 8 days per month.

Resolve It Instantly with Bylaw

If writing a daily worker employment contract feels overwhelming, try the contract review feature at Bylaw (workbylaw.com). AI will quickly identify any missing items or unfavorable clauses in your contract. If you want to know your actual take-home daily pay, use the salary/wage take-home calculator to check taxes and four major insurance premiums in advance.

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