Your First 90 Days at a Korean Company: Contracts, Probation, and What to Watch For

Probation period (수습기간) is typically 3 months at Korean companies. Duration must be written in the employment contract.

✓Reviewed by the Seoulstart teamLast updated · October 2026~20 min read
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Verified against 19 primary sources. Fact-checked October 2026. Every figure linked to its source.

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Key facts

  • Probation period (수습기간) is typically 3 months at Korean companies. Duration must be written in the employment contract.
  • During probation, employers may pay 90% of the statutory minimum wage, not 90% of your agreed base salary, for 1-year+ contracts only. Fixed-term contracts under 1 year are excluded.
  • The 30-day termination notice is waived during the first 3 months (LSA Article 26 proviso, relocated from Article 35 in the January 15, 2019 amendment), but just cause is still required to dismiss you. A September 2025 Seoul Administrative Court ruling confirmed this.
  • Employers must enroll all employees in 4대보험 (NPS, NHIS, Employment Insurance, Workers' Compensation). The deadlines differ: National Health Insurance (NHIS) within 14 days of hire; National Pension (NPS), Employment Insurance, and Workers' Compensation by the 15th of the following month.
  • The maximum working week is 52 hours: 40 regular hours plus up to 12 overtime hours. No agreement between employer and employee can exceed this cap.
  • Severance pay (퇴직금) vests only after 1 full year of continuous service. If you are terminated on Day 90, you are not yet entitled to severance.
  • Annual leave (연차) accrues from Day 1: 1 paid day per completed month in Year 1, up to 11 days. After 1 year with 80% or higher attendance, you receive 15 days per year.
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You signed the contract. You start Monday. The next 90 days run on three parallel tracks at once: administrative tasks with hard deadlines, a probation period with specific legal rules, and visa status that may still be processing. Missing one track has consequences on the others.

This guide walks through each track in the order you will encounter it, from before Day 1 to Day 90 and what comes next.


1. The 90-Day Risk Frame

The first 90 days of employment at a Korean company are the highest-risk window of the entire employment relationship. Three things are happening at the same time.

Track 1: Administrative. Your employer must enroll you in the four major insurances (4대보험, sadae-boheom). The deadlines differ by insurance: National Health Insurance (NHIS) within 14 days of hire, and National Pension (NPS), Employment Insurance, and Workers' Compensation by the 15th of the following month. You must apply for your Alien Registration Card (외국인등록증) within 90 days of arrival. You need a Korean bank account, an address registered with HR, and a local phone number. Each of these has a deadline.

Track 2: Probation. Most Korean companies run a probation period (수습기간, su-seup gi-gan) of 3 months. During this period, your employer does not need to give you 30 days notice to terminate you. They do still need a legitimate reason to terminate you. A September 5, 2025 Seoul Administrative Court ruling (case 2024guhap82817) made this explicit: a worker with only 16 hours of work history was reinstated after unfair dismissal, because "insufficient time to evaluate performance" is not just cause. Probation is employment, not an arbitrary evaluation window.

Track 3: Visa. If your visa was changed in-country, that process may still be pending when you start. If you are an E-7 holder, your employer filed a status change application that typically takes 4-8 weeks. If you are terminated while that is processing, your options depend on your specific occupation code.

Your salary may also be at a reduced rate during probation. The rules around this are specific and widely misunderstood. Section 2 explains the distinction.


2. Verifying the Contract Before You Start

Korean law requires employers to give you a written employment contract (근로계약서, geunro gyeyak-seo) at the time of hire and to give you a copy (Labor Standards Act Article 17). Read the full contract before signing. If yours is in Korean, have it translated before Day 1.

When Korean and English versions of the same contract both exist, the language supremacy clause determines which governs. Korean employers typically insert a clause specifying that the Korean version prevails. Assume Korean governs unless the contract explicitly states otherwise in writing.

12-item contract checklist:

  1. Base salary (기본급, gibon-geup): Exact monthly KRW amount. This is the number used to calculate severance, overtime pay, and your pension base. See korea-salary-foreign-workers for benchmark data.

  2. Annual structure: Is the contract for 12, 13, or 14 months? Are bonuses guaranteed or discretionary? A guaranteed 13th-month payment (상여금, sang-yeo-geum) is different from a discretionary year-end bonus.

  3. Allowances (수당, su-dang) listed separately: Common examples are meal allowance (식대, up to ₩200,000/month is tax-exempt), transport allowance (교통비), and communication allowance (통신비). These do not count toward severance or pension contributions.

  4. Probation duration and pay rate: The period must be stated in the contract. If a pay reduction is specified, note whether it says "90% of agreed base salary" (a contractual term) or says nothing. Under the Minimum Wage Act, employers may pay 90% of the statutory minimum wage during probation for 1-year-or-longer contracts where the job is not simple labour. This reduction applies to the statutory minimum, not necessarily to your agreed base. For workers earning well above minimum wage, the practical difference is small. For workers near minimum wage, it matters.

  5. Severance method: Korean law allows three methods: reserve fund (employer holds funds), DC retirement pension (DC형 퇴직연금, individual account), or DB pension (DB형 퇴직연금, employer managed). Confirm the method in writing within 30 days of starting.

  6. Working hours: The contract may not waive the 52-hour weekly cap. 40 regular hours plus up to 12 overtime hours is the legal maximum (LSA Articles 50 and 53).

  7. Annual leave (연차, yeon-cha): Should state 1 day per completed month in Year 1, 15 days from Year 2. Confirm the unused leave payout policy.

  8. Termination notice: 30 days notice required after probation. Waived during the first 3 months.

  9. Visa sponsorship: Confirm in writing that the employer covers visa filing and attorney fees. For E-7: confirm your occupation code matches your actual role. The 2026 minimum salary for E-7-1 is ₩31,120,000 per year (as of 2026; verify at hikorea.go.kr).

  10. Non-compete clause (경업금지): Check duration, geographic scope, and whether compensation is paid for the restriction. Korean courts require compensation to enforce non-competes and generally treat anything over 1 year as difficult to uphold (as of 2023 case law; verify at IPG Legal source cited below). Negotiate if the scope is broad.

  11. Governing language: Which version governs in case of conflict. Typically Korean.

  12. Dates: Signing date and effective start date should align with your visa timeline and actual first day of work.


3. The 14-Day Administrative Window

Your employer, not you, enrolls you in 4대보험. But you are responsible for verifying it happened. The deadlines differ by insurance: National Health Insurance (NHIS) enrollment must be filed within 14 days of your hire date, while National Pension (NPS), Employment Insurance, and Workers' Compensation enrollment must be filed by the 15th of the month following your hire month. In practice, employers file all four through the same payroll system, so all of your deductions should appear together by your second paycheck.

New for 2026: Two of these rates went up on January 1, 2026. The National Pension rate rose from 9% to 9.5% of standard monthly income (split evenly, so the employee share moved from 4.5% to 4.75%). This is the first National Pension rate increase since 1998, the start of a staged rise of 0.25 percentage points per year toward 6.5% each side by 2033. The National Health Insurance total rate rose from 7.09% to 7.19% (the employee share is half, 3.595%), and the long-term care ratio rose to 13.14% of the National Health Insurance premium.

2026 employee contribution rates:

  • National Pension (NPS): 4.75% of standard monthly income (new for 2026, up from 4.5% in 2025; employer pays a matching 4.75%, for 9.5% combined)
  • National Health Insurance (NHIS): 3.595% (employee share, half of the 2026 total of 7.19%, up from 7.09% in 2025)
  • Long-term care insurance: approximately 0.47% employee share (13.14% of the NHIS premium for 2026, up from 12.95% in 2025)
  • Employment Insurance: 0.9%
  • Workers' Compensation Insurance: 0% for you. This premium is paid entirely by your employer, so it does not appear on your payslip.
  • Total employee deduction: approximately 9.7% before income tax

Allow 3-4 weeks after your start date before checking, then verify at nhis.or.kr (English portal available) or call 1577-1000. For NPS, check nps.or.kr or call 1355.

If deductions do not appear on your second paycheck, contact HR in writing. Escalate to MOEL at 1350 (press 7 for English) within 5 business days if there is no resolution.

See nhis-enrollment-guide for the full verification process.

If you are on an E-9 EPS visa: Your employer has an additional obligation. They must enroll you in Departure Guarantee Insurance (출국만기보험, chulguk mang-gi boheom) within 15 days of your labor contract effective date (as of 2026; verify at MOEL FAQ cited in sources).

Week 1 and Week 2 tasks:

  • Apply for your Alien Registration Card (외국인등록증) at your local immigration office. The deadline is 90 days from arrival, but apply in Week 1 or 2 to avoid complications with bank accounts and other services. Bring your passport, employment contract, address proof, 2 passport photos, and ₩35,000. The mobile ARC via the MoID app is legally valid since January 2025.
  • Open a Korean bank account. KB Kookmin, Shinhan, and Woori branches in major cities have English-speaking staff. Some branches accept an ARC application receipt before the card arrives. Call ahead.
  • Give your Korean address to HR. Payroll tax registration requires it.
  • Get a prepaid SIM for Week 1. Switch to a post-paid plan once your ARC card is in hand.

4. Your Probation Rights: What Korean Law Actually Says

The 30-day notice exemption (LSA Article 26 proviso, relocated from Article 35 in the January 15, 2019 amendment) is real. During the first 3 months, your employer can end your employment without giving you 30 days warning. This does not mean they can fire you for any reason or no reason. Older guides on the web may still cite Article 35; the current article number is 26.

Just cause (정당한 이유, jeong-dang-han i-yu) is still required. The September 2025 Seoul Administrative Court ruling is the clearest recent statement of this principle. The court reinstated a worker dismissed after 16 hours over 4 days, ruling that the employer had not given the worker enough time or opportunity to demonstrate their capabilities. "Not enough time to evaluate" is not just cause.

Other probation rights:

  • Written dismissal notice is required. If you are dismissed, your employer must give you written notice stating the reason (LSA Article 27). A verbal termination does not meet the legal standard.

  • Probation cannot be extended unilaterally. If your contract states a 3-month probation, your employer cannot extend it to 4 months without your written agreement.

  • Probation is not a trial period that excludes you from standard employment rights. Annual leave accrues from Day 1. You have 3 accrued days after completing 3 months.

  • Probation typically ends automatically. Most Korean companies do not conduct a formal end-of-probation review. You continue working and your full salary resumes on the date specified in your contract. Confirm this explicitly with HR if your contract is ambiguous.

By employer type:

  • Large conglomerates (chaebols): HR processes are formal and documented. Written reviews are more common.
  • Korean tech companies: 3-month probation is standard. Written confirmation is increasingly common.
  • Multinational companies (MNCs): Most formal documentation. Written probation completion notice typical.
  • Hagwons (English academies, E-2 visa): Highest-risk category. Watch for the "11-month non-renewal" pattern used to avoid severance obligations. See hagwon-contract-red-flags before signing.

5. Visa Filing in the First Weeks

Core labor rights apply to all visa categories: 4대보험, annual leave, severance, and just cause for dismissal. Visa status affects what happens if you are dismissed. Here is the breakdown by visa type.

If you are on an E-7 visa:

Your employer filed an in-country status change application (체류자격 변경, che-ryu ja-gyeok byeon-gyeong). Processing typically takes 4-8 weeks. You may legally begin work once the application has been submitted and you have a receipt.

If you are dismissed while the application is still processing, contact HiKorea at 1345 immediately. Your options depend on your occupation code and the reason for termination. Do not assume you have a grace period: ask 1345 or HiKorea whether one applies to you before you rely on it.

If you leave the job after the status change is complete, your next steps depend on your occupation code category:

  • Post-reporting occupation codes: You can change or add a workplace by reporting it. You report the new workplace to immigration within 15 days of the change; no new permit is needed. This route is closed if you were dismissed or quit early through your own fault and your original employer does not consent. In that case you need a workplace-change permit or a new visa, so you may need to depart Korea and reapply.
  • Prior-approval occupation codes: These are a list set by immigration, including designers, sales clerks, cooks and chefs, customer-service clerks, hotel receptionists, and skilled workers under the points system. For these codes you need immigration's permission before you change employer. The application needs a consent letter from your original employer, unless the business closed, failed to pay wages, broke your contract, or you worked until the contract ended. Verify the current list of prior-approval codes at hikorea.go.kr.

See non-teaching-jobs-korea for context on E-7 occupation categories and job pathways.

If you are on an E-2 visa:

You typically arrived with your visa stamped. Apply for your ARC within 90 days. If you are dismissed, you must either find a new employer to sponsor a new E-2 or change your visa status. Contact HiKorea at 1345 for options.

If you are on an F-series visa (F-2, F-4, F-5, F-6):

No employer-specific filing is required. You can begin work immediately and change employers freely. A job change or termination has no visa impact.

If you are on an E-9 EPS visa:

Your visa and work registration were set before arrival. Your employer change rights are governed by EPS rules, which are more restrictive than other visa categories. Employer changes are permitted for involuntary termination reasons: business closure, contract violations, or wage arrears that are the employer's fault. Changes for personal-fault termination are more restricted.

A reform proposal reported in January 2026 would allow E-9 workers to change employers after 1-2 years of service. As of publication this had not been finalized. Check eps.go.kr for the current rules.

See e9-worker-rights for the full breakdown.

ARC deadline for all visa types: 90 days from arrival. Do not wait. Week 1 or 2 is the right time.


6. What to Watch For in Your First Paycheck

Your first paycheck arrives at Day 28-31 for most companies. Check every line item against your contract.

Line-by-line verification:

  1. Base salary (기본급): Should match your contract amount exactly. If probation reduction applies, confirm the percentage matches what is written in your contract. Do not accept a verbal explanation for a discrepancy.

  2. Allowances (수당): Each line item (식대, 교통비, 통신비) should match the contract amounts.

  3. 4대보험 deductions: These may not appear on your first paycheck if you started late in the month. They should appear on your second. 2026 employee rates: NPS approximately 4.75% (new for 2026, up from 4.5%), NHIS approximately 3.595%, long-term care approximately 0.47%, Employment Insurance 0.9%. Workers' Compensation is employer-paid and does not appear on your payslip. If these are absent after your second paycheck, escalate immediately.

  4. Income tax withholding (원천징수, won-cheon jing-su): Should be withheld each month. If you elected the flat 19% rate, confirm that rate is being applied. If you are on the progressive rate (6-45%), the amount is calculated using the NTS simplified withholding table based on your salary and declared dependents. See korea-foreign-resident-tax-guide for details on the flat 19% election (available to workers starting by December 31, 2026; as of 2026).

  5. First-month pro-ration: If you started mid-month, your first paycheck will be smaller. This is standard. Calculate what you expect: (daily rate) x (days worked) should match.

  6. Total deductions: Add up all deductions. The 4대보험 contributions plus income tax should account for most of what is withheld. Any additional deductions require a written explanation.

A detailed payslip line-by-line breakdown is covered in the upcoming korean-payslip-guide (not yet published).


7. Workplace Red Flags During Probation

Some things that happen during probation are illegal. Some are uncomfortable but legal. The distinction matters for how you respond.

Illegal: report immediately

  • Wages withheld or paid more than 7 days late. This is a direct LSA violation. Contact MOEL at 1350 (press 7 for English) or the foreign worker counseling hotline at 1577-0071.

  • Passport or ARC confiscation. Illegal under Korean law. Contact immigration at 1345 or MOEL at 1350. This practice has been documented at E-9 worksites in the US State Department 2025 Trafficking in Persons Report.

  • Overtime beyond the 52-hour weekly cap without overtime pay. The cap cannot be waived by agreement. The employer faces criminal penalties of up to 2 years imprisonment or a ₩20 million fine for violations (LSA Article 110).

  • No 4대보험 enrollment by the applicable deadline. National Health Insurance must be filed within 14 days of hire; National Pension, Employment Insurance, and Workers' Compensation by the 15th of the following month. If deductions are still absent after your second paycheck, contact MOEL at 1350 or NHIS at 1577-1000.

Red flags: document and address in writing

  • Verbal promises not followed up in writing. After any conversation about a post-probation raise, role change, or bonus, send an email: "Following our conversation today, I understood that [specific promise]. Please confirm." This creates a record without being confrontational.

  • Unilateral probation extension. If your contract states 3 months, your employer cannot extend it without your written agreement.

  • Pressure to sign a revised contract with worse terms after you have already started. You are not required to sign. Seek advice from MOEL or a labor attorney before agreeing.

  • Classification as a freelancer (프리랜서) instead of an employee. This eliminates 4대보험, annual leave, and severance entitlements. If you are working fixed hours at a fixed location for one employer, you may be misclassified. Contact MOEL.

  • Salary below the E-7-1 minimum of ₩31,120,000 per year (as of 2026; verify at hikorea.go.kr). An E-7 visa cannot legally be maintained below this threshold.

Additional red flags for E-9 EPS workers:

  • No Departure Guarantee Insurance enrollment within 15 days.
  • Assignment to a different company, location, role, or industry sector than specified in your EPS-registered contract without prior approval.
  • Being told you cannot contact the EPS Center or the labor hotline.

See e9-worker-rights for the full list of E-9-specific protections.


8. If You Are Dismissed During Probation

Act methodically. The steps below protect your legal position.

Step 1: Request written dismissal notice. Under LSA Article 27, your employer must provide written notice stating the reason for dismissal. Send an email to HR: "Please provide the written dismissal notice (해고통보서, hae-go tongbo-seo) with the stated reason as required under the Labor Standards Act."

Step 2: If no written notice is provided, continue appearing for work. Without a compliant written notice, the dismissal may not be legally complete under many interpretations. Document each day you show up. Do not stop coming in without legal advice.

Step 3: Gather documentation immediately. Collect your employment contract, all payslips, all written communications with HR and management, 4대보험 enrollment records, and any performance reviews. Save everything to personal accounts only, not company systems.

Step 4: File a complaint. File with the local Labor Relations Commission (지방노동위원회, ji-bang no-dong wi-won-hoe) within 3 months of the dismissal date. Find your regional office at nlrc.go.kr. A hearing typically occurs within 60 days. Remedies include reinstatement or monetary compensation. This applies to companies with 5 or more employees.

If you are on an E-7 visa: Contact HiKorea at 1345 immediately after dismissal. Ask about your options based on your occupation code and the circumstances of the termination. Do not let your ARC validity expire while you wait.

If you are on an E-9 EPS visa: Contact the EPS Center immediately. If termination was due to employer fault (business closure, contract violation, wage arrears), you are eligible for an employer change.

Unemployment benefits: E-7 holders enrolled in Employment Insurance may qualify for unemployment benefits if they have a minimum contribution history (typically 180 days; verify the exact insured period requirement at keis.or.kr or by calling MOEL at 1350).

See korea-severance-pay-guide for what you are owed at termination including accrued unused leave.


9. The Day 90 Milestone

Day 91 is the first day of a meaningfully different legal situation. Here is what changes and what does not.

What changes at Day 91:

  • The 30-day termination notice requirement now applies. Your employer must give you 30 days notice (or pay in lieu) before any dismissal.
  • You have completed 3 months toward the 1-year severance vesting period.
  • If your contract specified a probation salary reduction, confirm in writing that your full base salary is restored on the next paycheck.
  • You have 3 days of accrued annual leave (1 per completed month).
  • For most E-7 in-country status changes: the new ARC should be finalized by this point.

What does not change at Day 91:

  • Severance pay does not vest until you complete 1 full year of continuous service.
  • 15-day annual leave entitlement does not begin until Year 2.
  • No automatic salary review occurs unless your contract specifies one.

Actions to take at Day 90:

  • Request written confirmation from HR that your probation is complete and your employment continues.
  • Confirm that your next paycheck reflects your full contracted base salary.
  • Schedule a meeting with your manager. Document year-1 goals, a salary review timeline, and any verbal commitments. Follow up with an email summary.

Your next milestones:

  • Day 180: 6 days of annual leave accrued.
  • Day 365: Severance vests. Year-2 annual leave (15 days) begins. Full termination notice protections apply. Review your contract, salary, and role at this point.

10. Week-by-Week Checklist

Use this from the day you sign through the end of your first 90 days.

Before Day 1

  • Read the full employment contract (근로계약서) before signing
  • Verify base salary (기본급) separately from allowances and bonuses
  • Confirm annual structure: 12-month, 13-month, or 14-month
  • Check probation duration and pay rate are explicitly written
  • Confirm severance method: reserve fund, DC pension, or DB pension
  • If you are on E-7: confirm occupation code matches your actual role and salary meets the ₩31,120,000/year floor (as of 2026)
  • Confirm employer covers visa filing and attorney fees in writing
  • Review non-compete clause: duration, scope, compensation. Negotiate if over 1 year
  • Note which language version governs (typically Korean)
  • Confirm signing date and effective date align with your visa timeline and first day

Week 1 (Days 1-7)

  • Sign contract and receive your signed copy from the employer
  • Give your Korean address to HR
  • Get a prepaid Korean SIM
  • File ARC application at local immigration: passport, contract, address proof, 2 photos, ₩35,000
  • Confirm with HR that 4대보험 enrollment has been initiated (NHIS deadline: Day 14)
  • If on E-9: confirm Departure Guarantee Insurance enrollment (deadline: Day 15)

Week 2 (Days 8-14)

  • Get written confirmation from HR of 4대보험 enrollment date
  • Open a Korean bank account
  • Provide bank account number to HR for payroll
  • Update immigration if your address has changed since ARC filing
  • Schedule any entry health checkup your employer requires (mandatory in food/sanitation industries; check with HR for your role)

Week 4 (Days 28-31, first paycheck)

  • Verify base salary: 100% or the contracted probation percentage
  • Verify 4대보험 deductions appear (or confirm with HR why they are absent)
  • Verify income tax withholding is present and correct
  • Verify each allowance matches the contract
  • Check that first-month pro-ration math is correct
  • If 4대보험 is absent: contact HR in writing. Escalate to MOEL at 1350 by Day 35

Month 2 (Days 31-60)

  • Schedule a mid-probation check-in with your manager
  • After any verbal promises: send a follow-up email immediately
  • Verify NHIS card has been issued; create an account at nhis.or.kr
  • Create an NPS account at nps.or.kr
  • If on E-7: follow up with HR on immigration processing status

Month 3 (Days 60-90)

  • Request an end-of-probation conversation with your manager
  • Confirm E-7 ARC has been updated if you completed an in-country status change
  • Research salary benchmarks for your Year 1 review conversation. See korea-salary-foreign-workers
  • If on E-9: review your EPS contract and understand the renewal timeline

Day 90 and after

  • Get written confirmation that probation is complete and employment continues
  • Confirm full base salary restored on next paycheck
  • Note: 30-day termination notice now applies to you
  • Document Year 1 goals and salary review timeline in writing
  • Mark your calendar for Day 365: severance vests and Year 2 leave begins
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Frequently asked questions

Can a Korean employer fire me during probation without warning?

An employer can terminate you during the first 3 months without the usual 30-day notice (LSA Article 26 proviso, relocated from Article 35 in the January 15, 2019 amendment). However, they still need just cause. A September 2025 Seoul Administrative Court ruling confirmed that probation does not give employers the right to dismiss without a legitimate reason.

Is my probation salary legally allowed to be lower than my agreed base salary?

It depends on your contract. Under the Minimum Wage Act, employers may pay 90% of the statutory minimum wage during probation, but only for contracts of 1 year or longer, and only when the job is not classified as simple labour. Your contract may separately state '90% of agreed base salary', which is also legal. These are two different things. If your contract does not specify a probation reduction, you are entitled to your full agreed salary.

When must my employer enroll me in 4대보험?

The deadlines differ by insurance. National Health Insurance (NHIS) enrollment must be filed within 14 days of your hire date. National Pension (NPS), Employment Insurance, and Workers' Compensation enrollment must be filed by the 15th of the month following your hire month. You do not enroll yourself; your employer files on your behalf. In practice, employers file all four through the same payroll system, so check that deductions appear by your second paycheck. If they do not, contact HR in writing and escalate to MOEL at 1350 (press 7 for English) if there is no response within 5 business days.

Show all 10 questions

I am on an E-7 visa and I was just terminated. What happens to my visa status?

Contact HiKorea at 1345 immediately. Your options depend on your occupation code and whether the termination was due to employer fault or your own fault. Do not let your ARC validity lapse while you wait. Do not assume you have a grace period: ask 1345 or HiKorea whether one applies to you before you rely on it.

Does annual leave start accruing from Day 1 or after probation?

From Day 1. You earn 1 paid day of annual leave per completed month in your first year. If you complete 3 months of probation, you have already earned 3 days of leave. If you are terminated before 1 year, unused accrued days should be paid out.

What is the maximum I can be asked to work in a week?

52 hours per week: 40 regular hours plus up to 12 overtime hours. This is a legal cap under LSA Article 53. No employment agreement can waive this limit. Violations carry penalties of up to 2 years in prison or a ₩20 million fine for the employer (LSA Article 110).

My employer has not given me a written contract. Is that legal?

No. Under LSA Article 17, employers must provide a written employment contract at hire and give you a copy. If you have started work without a written contract, request one in writing immediately. Keep records of the request.

When does severance pay vest?

After 1 full year of continuous service. If you are dismissed during probation or leave before your 1-year anniversary, you are not entitled to severance. The minimum severance amount is one month's average wage per completed year.

Can my employer confiscate my passport or ARC card?

No. Passport and ARC confiscation is illegal under Korean law. Report it to immigration at 1345 or MOEL at 1350 immediately. This is documented as a workplace abuse pattern at some E-9 worksites.

What is the flat 19% income tax option for foreign workers?

Foreign workers can elect to pay a flat 19% income tax rate on Korean employment income instead of the standard progressive rates of 6-45%. This election must be made actively. It is available to workers starting employment by December 31, 2026. See the Korea foreign resident tax guide for details.

Fact-check record

35 key claims checked against the exact wording of official sources · Verified October 2026

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Our fact-check pulls the most important claims out of this guide and checks each one against its official source, quoted word for word so you can confirm it yourself. This is a sample of the guide's facts, not the full reference list. For everything we consulted, see the verified sources below.

  • 01

    Probation period (수습기간) at Korean companies is typically 3 months, and its duration must be written in the employment contract.

    “수습근로자 최저임금의 90% 적용은 1년 이상 근로계약을 체결한 경우에 수습기간 중, 입사일 이후 3개월 이내인 경우에만 가능”
    moel.go.kr
  • 02

    During probation, employers may pay 90% of the statutory minimum wage (not 90% of agreed base salary), only for contracts of 1 year or longer, only within the first 3 months, and not for simple-labour jobs.

    “수습근로자 최저임금의 90% 적용은 1년 이상 근로계약을 체결한 경우에 수습기간 중, 입사일 이후 3개월 이내인 경우에만 가능하며, 단순노무 종사자는 제외”
    moel.go.kr
  • 03

    The 30-day termination notice is waived during the first 3 months under the LSA Article 26 proviso, which was relocated from Article 35 in the January 15, 2019 amendment.

    “근로기준법이 2019년 1월 15일 법률 제16270호로 개정되어 제35조를 삭제하고 해고예고의 적용 예외 사유를 제26조 단서에서 규정하며, 그 예외 사유 중 하나로 제1호에 '근로자가 계속 근로한 기간이 3개월 미만인 경우'를 두었습니다”
    law.go.kr
  • 04

    Just cause is still required to dismiss a worker during probation; a September 5, 2025 Seoul Administrative Court ruling (case 2024guhap82817) reinstated a worker dismissed after 16 hours over 4 days, holding that 'insufficient time to evaluate performance' is not just cause.

    “수습근로자라 하더라도 근로기준법 제23조에 따라 정당한 이유없이 해고 등의 징벌을 하지 못한다”
    easylaw.go.kr
  • 05

    Employers must enroll employees in National Health Insurance (NHIS) within 14 days of the hire date.

    “건강보험: 적용일로부터 14일 이내”
    easylaw.go.kr
  • 06

    National Pension (NPS), Employment Insurance, and Workers' Compensation enrollment must be filed by the 15th of the month following the hire month.

    “국민연금: 당연적용사업장이 된 날이 속하는 달의 다음 달 15일까지”
    easylaw.go.kr
  • 07

    Labor Standards Act (근로기준법) Article 50(1): the regular working week is capped at 40 hours, excluding breaks; with a7b this gives the 52-hour weekly cap (40 + up to 12 overtime) that no employer-employee agreement can exceed.

    “① 1주 간의 근로시간은 휴게시간을 제외하고 40시간을 초과할 수 없다.”
    law.go.kr
  • 08

    Labor Standards Act Article 53(1): by agreement, the Article 50 working hours can be extended by up to 12 hours per week.

    “① 당사자 간에 합의하면 1주 간에 12시간을 한도로 제50조의 근로시간을 연장할 수 있다.”
    law.go.kr
  • 09

    Labor Standards Act Article 110: violating Article 50 or Article 53(1)-(2) is punishable by up to 2 years in prison or a fine of up to ₩20 million.

    “제110조(벌칙) 다음 각 호의 어느 하나에 해당하는 자는 2년 이하의 징역 또는 2천만원 이하의 벌금에 처한다. <개정 2009.5.21, 2012.2.1, 2017.11.28, 2018.3.20, 2021.1.5, 2026.4.7> 1. 제10조, 제22조제1항, 제26조, 제50조, 제51조의2제2항, 제52조제2항제1호, 제53조제1항ㆍ제2항”
    law.go.kr
  • 10

    Severance pay (퇴직금) vests only after 1 full year of continuous service; the minimum is one month's (30 days') average wage per completed year. A worker terminated on Day 90 is not entitled to severance.

    “계속근로기간 1년에 대하여 30일분 이상의 평균임금을 퇴직금으로... 계속근로기간이 1년 미만인 근로자에 대하여는 그러하지 아니하다”
    easylaw.go.kr
  • 11

    Labor Standards Act Article 60(1): a worker with 80% or higher attendance over a year gets 15 days of paid annual leave.

    “① 사용자는 1년간 80퍼센트 이상 출근한 근로자에게 15일의 유급휴가를 주어야 한다. <개정 2012.2.1>”
    law.go.kr
  • 12

    Labor Standards Act Article 60(2): a worker with less than 1 year of continuous service gets 1 paid day for each month of full attendance, so annual leave accrues from the start, at most 11 days before the 1-year mark.

    “② 사용자는 계속하여 근로한 기간이 1년 미만인 근로자 또는 1년간 80퍼센트 미만 출근한 근로자에게 1개월 개근 시 1일의 유급휴가를 주어야 한다. <개정 2012.2.1>”
    law.go.kr
  • 13

    After completing 3 months of probation, a worker has 3 accrued days of annual leave (1 per completed month), because a worker employed less than 1 year accrues 1 day of paid leave per month of full attendance (LSA Article 60(2)).

    “사용자는 계속하여 근로한 기간이 1년 미만인 근로자 또는 1년간 80퍼센트 미만 출근한 근로자에게 1개월 개근 시 1일의 유급휴가를 주어야 한다.”
    law.go.kr
  • 14

    Labor Standards Act Article 17(2): the employer must give the worker a written document (electronic documents included) stating wage components, calculation and payment method, contractual working hours, holidays, and annual leave.

    “② 사용자는 제1항제1호와 관련한 임금의 구성항목ㆍ계산방법ㆍ지급방법 및 제2호부터 제4호까지의 사항이 명시된 서면(「전자문서 및 전자거래 기본법」 제2조제1호에 따른 전자문서를 포함한다)을 근로자에게 교부하여야 한다. 다만, 본문에 따른 사항이 단체협약 또는 취업규칙의 변경 등 대통령령으로 정하는 사유로 인하여 변경되는 경우에는 근로자의 요구가 있으면 그 근로자에게 교부하여야 한다. <신설 2010.5.25, 2021.1.5>”
    law.go.kr
  • 15

    Labor Standards Act Article 27: an employer must give written notice of the reason and timing of a dismissal, and a dismissal is effective only if notified in writing, so a verbal termination does not meet the legal standard.

    “① 사용자는 근로자를 해고하려면 해고사유와 해고시기를 서면으로 통지하여야 한다. ② 근로자에 대한 해고는 제1항에 따라 서면으로 통지하여야 효력이 있다.”
    law.go.kr
  • 16

    The 2026 National Pension (NPS) rate rose from 9% to 9.5% of standard monthly income, split evenly so the employee share moved from 4.5% to 4.75%; this is the first NPS rate increase since 1998, a staged rise toward 13% combined by 2033.

    “국민연금 보험료율은 현행 9%에서 9.5%로 조정... 직장가입자의 경우 본인과 회사가 절반씩 부담하므로 본인 부담분은 기존 4.5%에서 4.75%로 조정... 1998년 이후 첫 보험료율 조정... 2026년부터 매년 단계적으로 0.5%p씩 8년간 인상되어 2033년 13%에 도달”
    korea.kr
  • 17

    The 2026 National Health Insurance total rate rose from 7.09% to 7.19%, with the employee share half at 3.595%.

    “2026년 건강보험료율을 7.19%로 결정하여, 올해보다 0.1%p(전년대비 1.48%) 인상하기로 하였다.”
    mohw.go.kr
  • 18

    The 2026 long-term care insurance rate is 0.9448% of income, equal to 13.14% of the NHIS premium (up from 12.95% in 2025).

    “2026년도 소득 대비 장기요양보험료율은 0.9448% ... 2026년도 건강보험료 대비 장기요양보험료율은 13.14%”
    mohw.go.kr
  • 19

    The 2026 Employment Insurance employee contribution rate is 0.9%.

    “2026년 고용보험 요율은 총 1.8%이며, 근로자와 사업주가 각각 0.9%씩 부담”
    moel.go.kr
  • 20

    Meal allowance (식대) up to ₩200,000 per month is tax-exempt.

    “식대 비과세 한도를 월 10만 원에서 월 20만 원으로 상향 (2023년 1월 1일 이후 소득분부터)”
    korea.kr
  • 21

    Special Tax Treatment Control Act (조세특례제한법) Article 18-2(2): a foreign employee who first starts working in Korea on or before December 31, 2026 may pay income tax at a flat 19% of employment income (for tax years ending within 20 years of the first day of work).

    “② 외국인인 임원 또는 사용인(일용근로자는 제외하며, 이하 "외국인근로자"라 한다)이 2026년 12월 31일 이전에 국내에서 최초로 근로를 제공하기 시작하는 경우 국내에서 근무[대통령령으로 정하는 외국인투자기업을 제외한 대통령령으로 정하는 특수관계인(이하 이 조에서 "특수관계기업"이라 한다)에게 근로를 제공하는 경우는 제외한다]함으로써 받는 근로소득으로서 국내에서 최초로 근로를 제공한 날부터 20년 이내에 끝나는 과세기간까지 받는 근로소득에 대한 소득세는 「소득세법」 제55조제1항에도 불구하고 해당 근로소득에 100분의 19를 곱한 금액을 그 세액으로 할 수 있다.”
    law.go.kr
  • 22

    Income Tax Act (소득세법) Article 55(1): the lowest progressive rate is 6% (tax base of ₩14 million or less).

    “과세표준의 6퍼센트”
    law.go.kr
  • 23

    Income Tax Act Article 55(1): the top progressive rate is 45% (tax base over ₩1 billion).

    “3억8,406만원 + (10억원을 초과하는 금액의 45퍼센트)”
    law.go.kr
  • 24

    The 2026 minimum salary for an E-7-1 (professional) visa is ₩31,120,000 per year.

    “법무부 공고 제2025-406호: 전문인력(E-7-1) 연 3,112만원 이상 (2026년 2월 1일부터 2026년 12월 31일까지 적용)”
    immigration.go.kr
  • 25

    The Alien Registration Card (외국인등록증) must be applied for within 90 days of arrival.

    “입국한 날부터 90일을 초과하여 대한민국에 체류하려는 외국인은 90일 이내에 외국인등록을 하여야 한다”
    immigration.go.kr
  • 26

    The ARC issuance fee is ₩35,000.

    “외국인등록증 발급 수수료 (현행) 3만 원 ➟ (인상 후) 3만 5천 원 (2025. 1. 1. ~)”
    immigration.go.kr
  • 27

    The mobile ARC via the MoID app is legally valid since January 2025, with the same legal effect as the physical card.

    “모바일 외국인등록증은 2025년 1월 10일부터 실물 신분증과 동일한 효력으로 시행 ... 실물 신분증과 효력이 동일”
    korea.kr
  • 28

    For E-9 EPS workers, the employer must enroll them in Departure Guarantee Insurance (출국만기보험) within 15 days of the labor contract effective date.

    “사업주는 근로계약 효력발생일부터 15일 이내에 출국만기보험에 가입하여야 한다”
    easylaw.go.kr
  • 29

    An unfair-dismissal complaint must be filed with the Labor Relations Commission within 3 months of the dismissal date; this applies to companies with 5 or more employees (LSA Article 28).

    “근로자는 부당해고가 있었던 날부터 3개월 이내에 노동위원회에 구제를 신청할 수 있다 ... 상시 5인 이상의 근로자를 사용하는 사업장에만 적용”
    easylaw.go.kr
  • 30

    Passport or ARC confiscation by an employer is illegal under Korean law.

    “Article 7 (Prohibition of Forced Labor): No employer shall force a worker to work against his/her free will through ... mental or physical restraint”
    elaw.klri.re.kr
  • 31

    Unemployment benefits typically require a minimum insured period of 180 days of Employment Insurance contributions.

    “이직일 이전 18개월간 피보험 단위기간이 180일 이상일 것”
    easylaw.go.kr
  • 32

    Post-report E-7 codes: the worker changes/adds a workplace by reporting within 15 days of the change, no new permit; not available after own-fault dismissal or early quitting without the original employer's consent, who then need a workplace-change permit or a new visa.

    “ 신고의무자(외국인)는 신고사유 발생일로부터 15일 이내에 관할 출입국ㆍ외국인청(사무소ㆍ출장소)장에게 신고(대리인의 신고 허용) ※ 여권에 근무처변경․추가신고 스티커나 신고인을 부착 또는 날인․기재하여야 하기 때문에 방문신고를 원칙으로 함 선의의 고용주 보호와 체류질서 유지 차원에서 본인 귀책사유로 해고 또는 중도 퇴직한 경우에는 원 고용주의 동의가 없으면 적용대상에서 제외됨을 유의 (근무처변경허가 또는 사증발급인정서 신청 대상자임) ”
    hikorea.go.kr
  • 33

    Prior-approval E-7 codes are an immigration-set list including designers, sales clerks, cooks/chefs, customer-service clerks, hotel receptionists and points-system skilled workers, and changing employer in these codes needs prior permission.

    “ 고용업체별 허용인원 제한 등이 있어 사전관리가 필요한 기계공학기술자(2351), 제도사(2395), 해외영업원(2742) 중 해외 온라인상품판매원, 디자이너(285), 판매사무원(31215), 주방장 및 조리사(441), 고객상담사무원(3991), 호텔접수사무원(3922), 의료코디네이터(S3922), 양식기술자(6301), 조선용접공(7430), 선박 전기원(76212), 선박 도장공(78369), 항공(부품) 제조원(S8417), 송전전기원(76231), 자동차 부품제조원(S85411), 자동차판금·도장원(S75104), 도축원(S71032), 건설기계부품제조원(S85513), 숙련기능 점수제 종사자[뿌리산업체 숙련기능공(S740), 농림축산어업 숙련기능인(S610), 일반 제조업체 및 건설업체 숙련기능공(S700)]”
    hikorea.go.kr
  • 34

    The prior-approval application needs the original employer's consent letter except for closure, unpaid wages or other unfair acts, contract breach, or working until the contract ended.

    “ ② 원 고용주의 이적동의서 (휴․폐업, 임금체불 등 부당행위, 고용계약조건 위반 행위, 고용계약기간 종료 시까지 근무한 경우는 제외)”
    hikorea.go.kr
  • 35

    sources[] HiKorea notice page hosts the 2026.9.18 Stay Manual.

    “260918 체류민원 자격별 안내 매뉴얼.hwp”
    hikorea.go.kr

Verified Sources

Every fact in this guide is linked to a primary source. Cross-check anything.

Show all 19 sources
  1. 01

    Korea Labor Standards Act (English), KLRI, Articles 17, 26, 27, 36, 50, 53, 60

    elaw.klri.re.krAccessed May 2026
  2. 02

    IPG Legal, Korean Probationary Period: September 2025 Seoul Administrative Court Ruling (case 2024guhap82817)

    thekoreanlawblog.comAccessed May 2026
  3. 03

    IPG Legal, Disciplining and Terminating Employees in Korea (December 2025)

    thekoreanlawblog.comAccessed May 2026
  4. 04

    National Labor Relations Commission, Unfair Dismissal Process (English)

    nlrc.go.krAccessed May 2026
  5. 05

    MOEL FAQ, Departure Guarantee Insurance (E-9 employer obligation, 15-day window)

    moel.go.krAccessed May 2026
  6. 06

    NHIS English, Foreigner Enrollment

    nhis.or.krAccessed May 2026
  7. 07

    HiKorea (English): E-7 Special Occupation Visa requirements and status change procedures

    hikorea.go.krAccessed May 2026
  8. 08

    KOWORK, E-7 Changing Workplaces: Prior-Approval vs Post-Reporting Occupation Codes

    kowork.krAccessed May 2026
  9. 09

    National Pension Service (국민연금공단), 2026 contribution rate (9.5% combined, 4.75% employee from January 1, 2026)

    nps.or.krAccessed June 2026
  10. 10

    Ministry of Health and Welfare (보건복지부), 2026 National Health Insurance rate set at 7.19% (announced 2025-08-28)

    mohw.go.krAccessed June 2026
  11. 11

    Ministry of Health and Welfare (보건복지부), 2026 long-term care insurance rate 0.9448% (13.14% of NHIS premium)

    mohw.go.krAccessed June 2026
  12. 12

    찾기쉬운 생활법령정보 (Easy Law), Four Social Insurances enrollment deadlines (NHIS 14 days; NPS, EI, WC by the 15th of the following month)

    easylaw.go.krAccessed June 2026
  13. 13

    Labor Standards Act Article 110 (law.go.kr), penalties for Article 53 violations: up to 2 years imprisonment or ₩20 million fine

    law.go.krAccessed June 2026
  14. 14

    PwC Tax Summaries, Korea Individual Income Tax

    taxsummaries.pwc.comAccessed May 2026
  15. 15

    US State Department, 2025 Trafficking in Persons Report: South Korea

    state.govAccessed May 2026
  16. 16

    Korea Times, E-9 Employer Change Reform Proposal (January 2026)

    koreatimes.co.krAccessed May 2026
  17. 17

    IPG Legal, Non-Compete Clauses in Korea (2023)

    thekoreanlawblog.comAccessed May 2026
  18. 18

    Ask Korea Law, Severance Pay for Foreign Workers (March 2026)

    askkorealaw.comAccessed May 2026
  19. 19

    HiKorea: notice page hosting the Stay Manual by Status of Sojourn (체류민원 자격별 안내 매뉴얼), file dated 2026.9.18

    hikorea.go.krAccessed October 2026

Cite this guide

Seoulstart Editorial Team. (2026). Your First 90 Days at a Korean Company: Contracts, Probation, and What to Watch For (2026). Seoulstart. Retrieved from https://seoulstart.com/guides/first-90-days-korea-job
More formats (Chicago, BibTeX) ▾

Chicago

Seoulstart Editorial Team. 2026."Your First 90 Days at a Korean Company: Contracts, Probation, and What to Watch For (2026)."Seoulstart. Last modified October 17, 2026. https://seoulstart.com/guides/first-90-days-korea-job.

BibTeX

@misc{seoulstart-first-90-days-korea-job,
  author = {{Seoulstart Editorial Team}},
  title = {{Your First 90 Days at a Korean Company: Contracts, Probation, and What to Watch For (2026)}},
  year = {2026},
  publisher = {Seoulstart},
  url = {https://seoulstart.com/guides/first-90-days-korea-job},
  note = {Last updated October 17, 2026}
}