Can Your Part-Time Job Pay Less Than Minimum Wage During a Probation Period?

Can Your Part-Time Job Pay Less Than Minimum Wage During a Probation Period?

When starting a part-time job (아르바이트) at a convenience store, café, or restaurant, it is common to hear: "The first three months are probation, so the hourly rate is a bit lower." However, this practice is not always legally permitted. Without knowing the conditions, employers can end up violating the law, and workers can end up not receiving wages they are owed.

What Is the Legal Basis for Reducing Wages During Probation?

Article 5, Paragraph 2 of the Minimum Wage Act (최저임금법 제5조 제2항) permits a reduction of up to 10% of the minimum wage for workers on probation. The 2026 minimum hourly wage is 10,320 won, so the minimum that must be paid after the reduction is 9,288 won per hour.

However, for this reduction to be lawful, both of the following conditions must be met simultaneously:

  1. A labor contract has been concluded for a period of 1 year or more
  2. The reduction applies only within the first 3 months from the start of the probation period

In other words, even if a job is called "probation," a wage reduction is illegal for short-term part-time contracts of 3 months or a fixed-term contract of 6 months. In such cases, the full hourly wage of 10,320 won must be paid.

Note: Your employment contract may specify terms different from the statutory minimum — always check your written contract carefully.

Simple Manual Labor Jobs Cannot Have Their Wages Reduced at All

There is an additional important exception. Jobs classified as simple manual labor (단순노무직) are not eligible for a probation-period wage reduction, even if the contract is for 1 year or more. According to a Ministry of Employment and Labor (고용노동부) notice, workers in simple manual labor occupations — those falling under Major Category 9 of the Korean Standard Classification of Occupations (한국표준직업분류 대분류 9) — must receive 100% of the minimum wage regardless of probation status. Typical examples include convenience store cashiers, parking lot attendants, and cleaners.

What Can You Do If an Illegal Wage Reduction Has Been Applied?

If your contract is for less than 1 year, or if your job is simple manual labor, and your employer has still cut your hourly wage on the grounds of probation, this constitutes a violation of the Minimum Wage Act and unpaid wages (임금체불).

What About the Four Major Social Insurance Schemes During Probation?

Even during a probation period, if you work 15 hours or more per week, enrollment in the four major social insurance schemes (4대보험) is mandatory. Delaying enrollment on the grounds of probation is unlawful. As of 2026, the employee contribution rates are: National Pension (국민연금) 4.75%, Health Insurance (건강보험) 3.595%, and Employment Insurance (고용보험, unemployment benefit portion) 0.9%.

Check Your Contract First

The terms of a probation period must be clearly stated in a written labor contract (서면 근로계약서). If the employer only said verbally "you're on probation," the legal effect is unclear. Make sure the contract explicitly states the probation period, the hourly wage during that period, and the total contract duration.

If you are unsure whether your part-time hourly wage is lawful, use the salary take-home calculator at Workbear (workbear.kr) to check your expected pay. If you have doubts about your contract, you can quickly review it using the contract review feature or the AI labor law search.

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

I received only 90% of the minimum wage for my 3-month probation period. Can I claim the remaining 10% later?

If your contract was for 1 year or more and your job is not classified as simple manual labor, the 10% reduction is itself lawful, so an additional claim would be difficult. On the other hand, if your contract was for less than 1 year, or if your job is simple manual labor and a deduction was still applied, the full difference constitutes unpaid wages 임금체불 . If the unpaid amount is not paid within 14 days after resignation, you may also claim a delay interest rate of 20% per annum under Article 17 of the Enforcement Decree of the Labor Standards Act 근로기준법 시행령 제17조 .

Can I receive advance notice pay (해고예고수당) if I am dismissed during my probation period?

Under Article 35 of the Labor Standards Act 근로기준법 제35조 , the obligation to give advance notice of dismissal is waived for workers who are on probation and are within 3 months from the start of the probation period. In other words, if you are dismissed within 3 months of starting probation, it is difficult to claim advance notice pay. However, once that 3-month period has passed, you are entitled to the same rights as a regular worker — either 30 days' advance notice or 30 days' ordinary wages in lieu of notice.

I have a short-term part-time job (2–3 months) and my employer says they will cut my hourly wage because I am on probation. Can I refuse?

Yes, you can refuse. Article 5, Paragraph 2 of the Minimum Wage Act 최저임금법 제5조 제2항 permits a probation-period wage reduction only when a labor contract has been concluded for a period of 1 year or more. A short-term contract of 2–3 months does not meet this requirement, so you must be paid the full 2026 minimum wage of 10,320 won per hour.