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Employment Rules Explained: Hiring, Contracts and the Probationary Period in Korea

What Korean employment rules say about hiring, written contracts and probation periods.


 Let me walk you through the first two chapters of the draft Employment Rules in the book, because they cover what happens at the very start of a job.

Chapter 1 is General Provisions. These are not legally required, but they are normally included to give the rules a proper structure. Article 1 states the purpose, and Article 2 states who the rules apply to. The book strongly advises companies to clarify any provisions that differ for specific groups, such as fixed-term employees or employees with an open-end contract. In the sample, things like promotion and the leave and reinstatement provisions do not apply to fixed-term employees. Article 3 defines "employee" as those with open-end contracts and fixed-term contracts.

Chapter 2 is Employment and Employment Contract. Article 4 says the company shall not discriminate when recruiting on grounds such as gender, age, religion, social status, birthplace, school attended, marital status, pregnancy or medical history, without reasonable cause. The book points to the Equal Employment Act and the Basic Employment Policy Act. Article 5 sets out documents required from applicants. The book advises keeping the number of required documents to a minimum, and asking for the rest only after hiring is decided.

Article 6 is the one I care about most. The company must sign a written employment contract and give the person a copy. When signing, the company must clearly tell employees about wages, working hours, holidays, annual paid leave, place of work and job responsibilities. For open-end employees, the written statement must include wage components, calculation and payment method, working hours, holidays and annual leave. For fixed-term employees, it must also include the contract period, working hours and recess, wages, holidays and leaves, place of work and job responsibilities. The company may show or give the Employment Rules in place of some of these statements.

Please remember this, kababayan. A written contract and a copy for you is not a favor. It is what the rules call for. If you do not have your contract, ask for it.

Article 7 covers the probationary period. The sample says a newly hired employee is on probation for three months from the hiring date, and that period counts toward consecutive years of service. The book notes that workers on probation are not entitled to advance notice of dismissal, and that the probationary period should not exceed three months. It should be clearly defined to avoid disputes.


About the Author



English Instructor in South Korea | 22 Years of Teaching Experience

Majella Pagayon is the founder of Pinoy Sarang, a community platform dedicated to helping Filipinos navigate life, work, education, and immigration in South Korea. She regularly writes practical guides, safety tips, and educational resources for Filipinos living and working abroad.

I am Majella, an English Instructor with nearly 22 years of teaching experience in South Korea. Based in Chungju, I am the founder of Pinoy Sarang and Hiraya Filipina Korea. My mission is to bridge the gap between traditional teaching and the digital business world, helping others find their path to success.