Today, we would like to provide help to workers and employers by explaining the fines for not filling out an employment contract, when to fill it out, what to fill out according to the Labor Standards Act, and attaching a file of the employment contract form.
1. What is an employment contract?
Employment contract form – not completed – fine
An employment contract is a document that specifically specifies the working conditions between an employer and an employee. Employers must specify the following to employees: wages, prescribed working hours, holidays, annual paid leave, and other working conditions prescribed by Presidential Decree.
Details that must be included in the employment contract are as follows.
Wages: What they consist of, how they are calculated, how they are paid
Working days and working hours: Working days, working hours (standard working hours)
Holidays: Saturdays, Sundays, public holidays
Annual paid leave
Work place and tasks
[For part-time workers] Working days and working hours per working day
2. When should I write an employment contract?
It is best to write an employment contract before joining the company. However, in some cases, you must fill it out on the first day of work or at the latest during the first week of employment. An employment contract is established from the date the worker actually starts working, regardless of when the contract was written.
3. Fine for not completing an employment contract
If an employment contract is not written, a fine of up to 5 million won may be imposed on the employer under the Labor Standards Act. In addition, after writing a contract, it must be kept for three years, and if this is violated, a fine of up to 5 million won may be imposed.
Usually, the fine for not completing an employment contract starts at 300,000 won, and for a second violation, the fine exceeds 600,000 won.
Additionally, the contract is treated as one per person, so if multiple people do not complete it, a fine is levied equal to the number of people.
4. Employment contract form
There are various forms of employment contracts and may vary depending on the employer’s type of work, the employee’s work details, and working conditions. We will provide you with a basic employment contract form file. Click below to download the file.
From now on, writing an employment contract will no longer be burdensome. We hope that the contract will help secure workers’ rights and fulfill employers’ obligations.