Probationary Period & Minimum Wage for Part-Time Workers in Korea: 2026 Complete Guide

Probationary Period for Part-Time Workers: How Far Does the Law Allow?

When starting a part-time job at a convenience store, café, or restaurant, you may hear: "During the three-month probationary period, we only pay 90% of the minimum wage." Is this legal? The short answer is: it is illegal unless specific conditions are met.

Note for foreign workers: Your employment contract may set terms different from the statutory minimum, but it cannot fall below the legal thresholds described below.

When Is a Probationary Wage Reduction Allowed?

Article 5, Paragraph 2 of the Minimum Wage Act (최저임금법 제5조 제2항) and Article 3 of its Enforcement Decree (같은 법 시행령 제3조) set out the requirements for a probationary wage reduction as follows:

  1. The labor contract must be for one year or more.
  2. The reduction applies only within the first three months after probation begins.
  3. The reduction limit is within 10% of the minimum wage — meaning at least 90% of the minimum wage must be paid.

The 2026 minimum wage is 10,320 won per hour. Even where a reduction is permitted, the hourly wage during probation must be at least 9,288 won. Paying below this amount is a violation of the Minimum Wage Act.

The key condition is a "contract of one year or more." If you are on a short-term contract of three months or six months, a probationary wage reduction is simply not permitted. Contracts shorter than one year, or contracts with no fixed term, are also subject to dispute in practice, so it is important to review your contract carefully.

Can an Employer Dismiss a Worker Freely During Probation?

Many employers believe they can dismiss a worker at any time during probation, but this is not accurate.

If you are dismissed during probation, contact the Ministry of Employment and Labor Customer Consultation Center (dial 1350, no area code required) or your regional Labor Relations Commission for advice.

What to Check in a Probationary Employment Contract

Article 17 of the Labor Standards Act (근로기준법 제17조) requires that key working conditions — including wages, working hours, and holidays — be specified in writing. Probationary conditions and the rate of any wage reduction must also be clearly stated in the contract. If the employer only told you verbally that you are "on probation," there is no written basis for a wage reduction.

Furthermore, even during a probationary period, the following entitlements apply in full:

What If You Were Underpaid?

If the conditions for a probationary wage reduction were not met but you were paid below the minimum wage, the shortfall constitutes unpaid wages (임금 체불). Under Article 36 of the Labor Standards Act (근로기준법 제36조), the employer must settle all wages within 14 days after separation from employment; if payment is delayed, an annual interest rate of 20% applies (Article 17 of the Enforcement Decree of the Labor Standards Act / 근로기준법 시행령 제17조).

This article does not cite specific court precedents and is based on the text of the Labor Standards Act and the Minimum Wage Act.

If you want to check immediately whether the hourly wage you received during probation is lawful, use the salary take-home calculator at workbear.kr. Enter your hourly wage and working hours to see your estimated take-home pay and four major insurance deductions at a glance.

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

Am I entitled to a weekly holiday allowance (주휴수당) during my probationary period?

Yes. The weekly holiday allowance arises regardless of probationary status, as long as you work 15 hours or more per week and attend all scheduled workdays Article 55 of the Labor Standards Act / 근로기준법 제55조 . Withholding the weekly holiday allowance on the grounds that you are on probation is illegal.

Can a probationary period be applied to a short-term part-time job lasting less than one month?

No. Article 3 of the Enforcement Decree of the Minimum Wage Act 최저임금법 시행령 제3조 permits a probationary wage reduction only when a labor contract of one year or more has been concluded. Contracts shorter than one month — and indeed any contract shorter than one year — are not eligible for the reduction.

I was notified of dismissal during my probationary period. Can I contest it?

If the workplace regularly employs five or more workers, a dismissal without just cause during probation may constitute unfair dismissal 부당해고 under Article 23 of the Labor Standards Act 근로기준법 제23조 . However, within the first three months of probation, the employer's obligation to give 30 days' advance notice of dismissal is waived proviso to Article 26 of the Labor Standards Act / 근로기준법 제26조 단서 . If you suspect unfair dismissal, consider filing a remedy application with the Labor Relations Commission.

The probationary period was not written in my contract, but my employer claims I am on probation. What happens?

Whether probation applies and the conditions for any wage reduction must be clearly stated in the written labor contract. If the contract contains no probationary clause, it is difficult for the employer to claim a probationary wage reduction. Article 17 of the Labor Standards Act 근로기준법 제17조 requires that wage conditions be specified in writing.