Part-Time Work Contracts in Korea: Required Terms & Penalties for Non-Compliance

Do Part-Time Workers Really Need a Written Employment Contract?

When starting a short-term part-time job (아르바이트) at a convenience store, café, or restaurant, it's easy to think, "Do we really need a contract between us?" However, Article 17 of the Labor Standards Act (근로기준법 제17조) requires that, regardless of the type or duration of employment, all employment contracts must specify key conditions — such as wages and working hours — in writing and deliver a copy to the worker. There are no exceptions, even for a single day of daily work.

Note for foreign workers: The statutory terms below are the legal minimum. Your actual contract may offer better conditions, but it cannot fall below these standards.

Mandatory Items in a Part-Time Employment Contract

Under Article 17 of the Labor Standards Act and Article 17 of the Act on the Protection of Fixed-Term and Part-Time Workers (기간제 및 단시간근로자 보호 등에 관한 법률, hereinafter "Fixed-Term Act") (기간제법 제17조), a part-time employment contract must specify the following:

  1. Wages – The specific amount (hourly rate, monthly salary, etc.), breakdown of components (whether base pay and weekly holiday allowance (주휴수당) are included, etc.), and payment date
  2. Scheduled working hours (소정근로시간) – How many hours per day and how many days per week
  3. Holidays – Including whether the weekly holiday (주휴일) is included
  4. Annual paid leave (연차 유급휴가) – Workers with less than 1 year of service accrue 1 day per month
  5. Place of work and job description
  6. Contract period – For fixed-term workers (기간제 근로자), the start and end dates

In particular, for short-hour workers (단시간 근로자) — those working fewer than 40 hours per week — the contract must also specify the specific working days and the start and end times of each workday (Fixed-Term Act, Article 17). Omitting this information can result in the employer being subject to a fine for negligence (과태료) of up to 500,000 won.

What Happens If No Contract Is Written?

Penalties for the Employer

Under Article 114 of the Labor Standards Act (근로기준법 제114조), an employer who fails to prepare or deliver a written employment contract is subject to a criminal fine of up to 500,000 won. It is important to note that this is a criminal penalty, not merely an administrative fine.

Disadvantages for the Worker

Without a written contract, workers are at a disadvantage in disputes over wages, working hours, and contract duration. Verbal agreements are difficult to prove, making it hard to contest issues such as "what the agreed wage was" or "whether the weekly holiday allowance was included."

Key Checkpoints When Signing a Contract

What to Do If a Dispute Arises

If you have not received a copy of your contract, have not been paid wages, or believe your contract contains unfair terms, you may file a complaint (진정) with the Ministry of Employment and Labor Customer Consultation Center (고용노동부 고객상담센터) at 1350 (no area code required) or at your local Regional Employment and Labor Office (지방고용노동청). You can also file online through the Ministry of Employment and Labor's Civil Affairs Portal (고용노동부 민원마당).

Check It Instantly on Bylaw

If you want to know exactly how much you'll actually receive based on the hourly rate written in your contract, try the Bylaw (바이로) salary take-home calculator at workbylaw.com. It calculates your hourly rate, weekly holiday allowance, and four major insurance deductions all at once. You can also use the AI contract review feature to quickly check whether your employment contract contains any terms that are unfavorable to you.

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