No Employment Contract Given? Legal Obligations and What to Do — Korea Guide for Foreign Workers

Why Does Receiving an Employment Contract Matter?

An employment contract (근로계약서) is not just a formality. It is the document that clearly confirms working conditions — wages, working hours, holidays, job duties, and more — and serves as critical evidence if a dispute arises. Despite this, many workplaces still start employment on a verbal promise alone, or draw up a contract but never actually hand it to the worker.

The Employer's Legal Obligation: Write It AND Deliver It

Article 17 of the Labor Standards Act (근로기준법 제17조) requires that when an employer concludes an employment contract, they must specify in writing and deliver to the worker the following: wages, scheduled working hours (소정근로시간), holidays, annual paid leave (연차유급휴가), workplace location, and job duties. Simply drafting the contract is not enough to fulfill this obligation — the employer must physically hand it over to the worker.

For fixed-term and part-time workers (including part-time/arubaito workers), Article 17 of the Act on the Protection of Fixed-Term and Part-Time Workers (기간제 및 단시간근로자 보호 등에 관한 법률 제17조) additionally requires that the contract period, working days, and daily working hours also be specified in writing.

Note for foreign workers: Your employment contract may specify terms different from the statutory minimums, but the employer's obligation to issue a written contract applies regardless of your visa type or nationality.

Penalties for Violations

Failure to deliver an employment contract is punishable by a fine of up to 500,000 won (근로기준법 제114조). Violations of the written-specification obligation for fixed-term or part-time workers may also result in a similar level of administrative fine. These rules apply to all workplaces with one or more employees, regardless of business size.

Mandatory Items Checklist

If any of the following items are missing, the contract is incomplete:

What to Do If You Haven't Received a Contract

Step 1: Request delivery in writing from your employer
Make the request by text message, email, or another method that leaves a record. The fact that you made the request itself becomes evidence if you later file a complaint.

Step 2: File a complaint with the Ministry of Employment and Labor
If the employer refuses or ignores your request, you can file a complaint (진정) with the competent Regional Employment and Labor Office (고용노동청). You can also submit it online through the Ministry of Employment and Labor's Civil Petition Portal (고용노동부 민원마당).

Step 3: Gather evidence
Even without a contract, collecting pay stubs, attendance records, and work-instruction messages will help prove the existence of an employment relationship.

You Can Also Request a Re-Issue If You Lost Your Copy

If you received a contract but have since lost it, you may ask your employer to provide a copy. There is no explicit statutory provision requiring re-issuance, but there is no reasonable grounds for an employer to refuse such a request. If they do refuse, you can contact the Labor Office for guidance on how to proceed.

Check Your Contract Details Faster with Bylaw

If you want to verify whether the annual salary stated in your contract matches your actual take-home pay, use the Bylaw (바이로) salary calculator at workbylaw.com to instantly see your net pay after taxes and four major insurance deductions. If you suspect there may be a problem with your contract terms, you can also use the AI contract review feature to quickly check key clauses.

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