Part-Time Job Probation Pay in Korea: Can Employers Pay Less Than Minimum Wage? (2026 Guide)

Can an Employer Pay Less During a Part-Time Job Probation Period?

When starting a part-time job, it is common to hear something like, "The first month is probation, so the pay will be a bit lower." But is this actually legal? The short answer is: in most part-time job categories, a probation pay reduction is not permitted.

Legal Basis for Probation Pay Reductions

Article 5, Paragraph 2 of the Minimum Wage Act (최저임금법 제5조 제2항) allows employers to pay 90% or more of the minimum wage during the first 3 months of a probation period, but only when the worker has signed an employment contract of 1 year or longer. Based on the 2026 hourly minimum wage, 90% of 10,320 won comes to 9,288 won — the lowest permissible probation wage.

However, there is an important exception to this rule.

No Probation Pay Reduction for Simple Labor Jobs

Article 3 of the Enforcement Decree of the Minimum Wage Act (최저임금법 시행령 제3조) explicitly states that the probation pay reduction provision does not apply to workers in simple labor positions (단순노무직). Convenience store cashiers, café servers, fast-food kitchen staff, gas station attendants, and supermarket shelf-stackers all fall into this category — covering the vast majority of part-time jobs.

In other words, if you work in a simple labor position, you must receive the full 2026 hourly wage of 10,320 won even during a probation period.

Conditions Under Which a Probation Pay Reduction Is Lawful

A probation pay reduction is only legal when both of the following conditions are met simultaneously:

1. The employment contract is for 1 year or longer.
2. The position is not a simple labor job.

For example, if you are on a 6-month fixed-term contract, a probation pay reduction is not permitted regardless of the job type. Likewise, even on a contract of 1 year or more, a reduction is not allowed if the position is a simple labor job.

Note: Your employment contract may specify terms different from the statutory minimum — but those terms cannot fall below the legal protections described here.

Rights That Are Protected Even During Probation

Your fundamental rights as a worker remain fully in effect during a probation period.

• Weekly holiday allowance (주휴수당): If your scheduled working hours average 15 or more per week over 4 weeks (Article 18(3) of the Labor Standards Act, 근로기준법 제18조 제3항) and you are present on all scheduled workdays that week (Article 30(1) of its Enforcement Decree, 시행령 제30조 제1항), you are entitled to a weekly holiday allowance under Article 55 of the Labor Standards Act (근로기준법 제55조). Withholding it on the basis of probation is unlawful.
• Four major social insurances (4대보험): Industrial accident insurance applies regardless of working hours (Article 6 of the Industrial Accident Compensation Insurance Act / 산업재해보상보험법 제6조). Employment insurance does not apply in principle if your contractual working hours are under 60 hours a month or under 15 hours a week, but it does apply if you have worked continuously for 3 months or more at the same business or are a daily worker (Article 10(1)2 of the Employment Insurance Act and Article 3 of the Enforcement Decree of the Employment Insurance Act / 고용보험법 제10조 제1항 제2호 · 고용보험법 시행령 제3조). Health insurance and the national pension scheme also apply depending on the applicable requirements.
• Protection against dismissal: The prohibition on dismissal without just cause under Article 23 of the Labor Standards Act (근로기준법 제23조) applies even during a probation period. However, if your continuous service is less than 3 months, the employer's obligation to give advance notice of dismissal is waived under the proviso to Article 26 of the Labor Standards Act (근로기준법 제26조 단서 제1호).

What If You Were Underpaid?

If you were paid below the minimum wage without the legal conditions for a probation reduction being met, this constitutes a violation of the Minimum Wage Act (최저임금법). You can report it to the Ministry of Employment and Labor customer consultation center (☎1350) or file a complaint with the competent regional employment and labor office. Employers found in violation may face up to 3 years of imprisonment or a fine of up to 20 million won under Article 28 of the Minimum Wage Act (최저임금법 제28조).

Want to Check Whether Your Take-Home Pay Is Correct?

If you are unsure whether your probation pay has been calculated lawfully, try the salary take-home pay calculator at Workbear (workbear.kr). Enter your hourly, daily, or monthly wage to instantly see your take-home amount after four major insurance deductions — useful for spotting any improper deductions.

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