Quitting During a Probationary Period in Korea: Know Your Rights as a Foreign Worker

Quitting During a Probationary Period: What Does the Law Say?

Shortly after joining a company, you may realize it simply isn't the right fit. If you have decided to resign during your probationary period, it is important to understand your legal rights and obligations before acting on emotion.

What Is a Probationary Period?

A probationary period is a time during which an employer evaluates whether a worker is suited for the job. There is no separate statutory definition, but it is typically set at 3 months. The key point is that a labor contract is validly in effect even during probation. In other words, probationary workers are protected by the Labor Standards Act (근로기준법).

Note for foreign workers: The terms of your employment contract may differ from the statutory minimum. Always check your written contract.

Notice Obligation When Resigning: How Far in Advance Must You Notify?

Article 26 of the Labor Standards Act (근로기준법 제26조) requires employers to give 30 days' advance notice before dismissing a worker, but this provision does not apply when a worker voluntarily resigns. There is no statutory rule that compels workers to give advance notice of resignation.

That said, if your employment contract or work rules contain a clause requiring notice "○ days before resignation," following it is the best way to avoid disputes. Under Article 660 of the Civil Act (민법 제660조), for a labor contract with no fixed term, termination takes effect 1 month after notice is given. It is therefore practically advisable to inform your employer of your intention to resign at least 2–4 weeks in advance.

Wage Reductions During Probation: How Far Is Legal?

Under Article 5 of the Minimum Wage Act (최저임금법 제5조), only probationary workers on a fixed-term contract of 1 year or more (excluding simple manual laborers) may have their wages reduced to 90% of the minimum wage within the first 3 months of probation. The 2026 minimum wage is 10,320 won per hour, so the reduced floor is 9,288 won per hour.

Reductions are not permitted in the following cases:
- From the point the probation period exceeds 3 months
- For simple manual laborers (those classified under Major Category 9 of the Korean Standard Classification of Occupations, 한국표준직업분류 대분류 9)
- For short-term contract workers on contracts of less than 1 year

Violating these standards may result in a penalty of up to 3 years' imprisonment or a fine of up to 20 million won under the Minimum Wage Act.

Can You Receive Severance Pay or Unemployment Benefits?

Severance pay (퇴직금) requires at least 1 year of continuous employment. Although the probationary period counts toward your length of service, resigning during probation will in most cases mean you have not completed 1 year, so no severance pay is generated.

Unemployment benefits (실업급여 / job-seeking benefits, 구직급여) require at least 180 insured days within the 18 months prior to separation (Article 40 of the Employment Insurance Act, 고용보험법 제40조). If you worked only through the probationary period, it is difficult to meet the eligibility requirement on your own. However, insured periods from previous jobs can be combined, so check your employment insurance history. As of 2026, the daily upper limit for job-seeking benefits is 68,100 won and the lower limit is 66,048 won.

Don't Be Intimidated by Threats of Damages

Some employers may mention damages when a worker resigns during probation. However, Article 20 of the Labor Standards Act (근로기준법 제20조) explicitly prohibits the pre-determination of penalty fees or damages for non-performance of a labor contract. Claiming damages solely because an employee resigned is, in principle, illegal.

What to Take Care of Before You Leave

• Keep a copy of your employment contract
• Secure your pay stubs and wage payment records
• Communicate your intention to resign in writing — via text message or email
• Your final wages must in principle be paid within 14 days of your last working day (Article 36 of the Labor Standards Act, 근로기준법 제36조)

If you have decided to resign during your probationary period, use the Workbear (workbear.kr) unemployment benefit eligibility checker to quickly find out whether you qualify — it takes into account insured periods from previous jobs as well.

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