Part-Time Job Probation Period & Minimum Wage in Korea: 2026 Complete Guide for Foreign Workers

Can Your Employer Cut Your Pay During a Part-Time Job Probation Period?

When starting a part-time job at a convenience store, café, or restaurant, you may hear: "For the first month you're on probation, so we'll only pay 90% of minimum wage." Is this actually legal? Here is a precise breakdown based on 2026 standards.

Note: Your employment contract may specify terms that differ from the statutory minimum — always check your written contract and compare it against the legal standards below.

Probation Wage Cuts Do Not Apply to All Part-Time Jobs

Article 5(2) of the Minimum Wage Act (최저임금법 제5조 제2항) permits a 10% deduction from the minimum wage for probationary workers. However, this provision comes with two strict conditions:

  1. The employment contract must be for 1 year or more.
  2. The job must not be classified as simple manual labor (단순노무직).

Both conditions must be satisfied simultaneously, and even then the deduction is only allowed within the first 3 months of the probation period. Convenience store cashiers, café baristas, restaurant floor servers, delivery assistants, and most other part-time roles are classified as simple manual labor under Ministry of Employment and Labor guidelines. Workers in these roles must therefore receive the full 2026 minimum wage of 10,320 won per hour even during probation.

For example, a convenience store worker on a 5-day, 8-hour-per-day schedule must receive 10,320 won per hour from day one of probation. If an employer arbitrarily pays 9,288 won (90%), this violates the Minimum Wage Act and may result in imprisonment of up to 3 years or a fine of up to 20 million won.

Employers Cannot Dismiss Workers Freely During Probation

The claim that "you can be let go at any time because you're on probation" is also false. Article 23 of the Labor Standards Act (근로기준법 제23조) prohibits dismissal without just cause regardless of probation status. Refusing to hire a worker upon completion of probation also constitutes dismissal, and therefore requires specific, reasonable grounds such as insufficient job performance (see Supreme Court Decision 2006다42683).

The advance notice obligation, however, is treated differently. Under Article 35(3) of the Labor Standards Act (근로기준법 제35조 제3호), workers within the first 3 months of probation are exempt from the requirement of 30 days' advance notice of dismissal or payment of advance notice pay (해고예고수당). In other words, dismissal itself still requires just cause, but if the worker is within 3 months of starting probation, the employer may give immediate notice of dismissal without the 30-day advance notice.

Rights That Apply Even During Probation

The following rights apply in full regardless of probation status:

What to Do If You Were Underpaid During Probation

Payment below the minimum wage constitutes wage theft (임금체불). You may file a complaint with the Ministry of Employment and Labor Customer Service Center (☎1350) or your local Labor Office. Unpaid wages also accrue a delay interest rate of 20% per year (Article 17 of the Enforcement Decree of the Labor Standards Act, 근로기준법 시행령 제17조).

To check whether your part-time pay is being calculated correctly, use the salary calculator at workbear.kr, which calculates your hourly wage, weekly holiday allowance, and four major insurance deductions all at once. If you have been subject to an unlawful probation wage cut, the site also provides a complaint filing feature.

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 part-time job probation period?

No, for most part-time jobs. Under Article 5 2 of the Minimum Wage Act 최저임금법 제5조 제2항 , the 10% probation deduction is only permitted within the first 3 months of probation, and only when both conditions are met: the employment contract is for 1 year or more, AND the job is not classified as simple manual labor 단순노무직 . Convenience store clerks, café workers, restaurant servers, and most other part-time roles are classified as simple manual labor under Ministry of Employment and Labor guidelines, so they must receive the full 2026 minimum wage of 10,320 won per hour even during probation.

Can an employer dismiss a worker freely during the probation period?

No. Article 23 of the Labor Standards Act 근로기준법 제23조 prohibits dismissal without just cause regardless of whether the worker is on probation. However, workplaces with 4 or fewer regular employees are excluded from the unfair dismissal 부당해고 remedy process. Additionally, even during probation, the employer must give 30 days' advance notice of dismissal or pay at least 30 days' wages as advance notice pay — except that this advance notice obligation is waived for workers within the first 3 months of probation Article 35 3 of the Labor Standards Act, 근로기준법 제35조 제3호 .

Is regular employment guaranteed after the probation period ends?

There is no legal provision guaranteeing regular employment after probation ends. However, courts have consistently held that refusing to hire a worker upon completion of probation constitutes dismissal and therefore requires just cause see Supreme Court Decision 2006다42683 . An employer cannot terminate the contract at the end of probation without specific grounds such as insufficient job performance.

Am I entitled to weekly holiday allowance (주휴수당) during the probation period?

Yes. Weekly holiday allowance must be paid to any worker who works 15 hours or more per week and is present on all scheduled working days, regardless of probation status Article 55 of the Labor Standards Act, 근로기준법 제55조 . Failing to pay weekly holiday allowance during probation constitutes wage theft 임금체불 .