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2025.10.17 13:22

Problem with contract and salary

  • (⌐■_■) A long time ago 2025.10.17 13:22 Questions Popular
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I started working at the company on September 1st. It is now October 17th, I have not seen the contract, but HR asked me to understand and said they would let me know when the paper contract is ready. I have already been paid my salary for September. But not the one promised at the interview and not the one mentioned during onboarding. The amount doesn't matter, I just want to understand if everything was paid to me legally, if the calculations are correct, and what they based the salary calculation on. I corresponded with the HR person who calculates the salary for a very long time, with the sole purpose of them simply showing me how they calculated my salary. But they couldn't show me. All I want is for everything to be clear and that's it. What should I do?

I think that when I receive the contract, will I be able to request a recalculation of my salary for September based on it?

And another question, when I receive the contract, can I review it with a lawyer or is there a source where I can check if everything in my contract is correct?

 

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    admin  A long time ago

    "I haven't seen the employment contract yet, but the HR department asked me to be understanding and promised to inform me when the written contract is ready." Article 17 of the Labor Standards Act (근로기준법) states that an employment contract must be concluded "before work begins" or "on the day work commences." (Signing an employment contract after work has started is illegal. However, many companies in Korea do not comply with this rule.)

    "I have already received my September salary. However, the amount does not match what was promised during the interview, nor what was discussed during the onboarding process." Article 48, Clause 2 of the Labor Standards Act (근로기준법) stipulates that when paying wages, the employer must provide the employee with a written statement (including electronic documents) detailing the components of the wage, the calculation method, and other information prescribed by presidential decree. (If payday is the 25th, then on the 25th you should receive a document called a "wage statement" (임금명세서). The "wage statement" details the components of your salary.)

    What should I do in such a situation? If you want the company to be held accountable in the future, the most important thing is evidence. Record conversations on a voice recorder. Take screenshots of correspondence. This is the best thing you can do right now. (In my case, I also tried asking leading questions to get answers and recorded them.) This evidence will be very useful when filing a complaint in the future.

    2025-10-17 14:11

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    stenkacommunity  A long time ago

    1) Firstly, if you haven't already started, begin documenting and keeping a diary or notes about your arrival at work and departure from work. It is advisable to take photos every day to show your workspace before starting work and after finishing work. Also, keeping written records with times will help you not to forget important information and to correctly calculate your wages in the future. Record conversations on a voice recorder.
    Correspondence with HR should preferably be screenshotted and kept. And find evidence (other correspondence) where you were promised a different salary.

    2) Of course, HR asked you to be understanding, this is up to your discretion, but I advise you to demand to be issued an employment contract faster (screenshot correspondence and requests again).
    According to Korean law:
    Article 17 of the ROK Labor Standards Act (근로기준법) obliges the employer, upon concluding an employment contract, to state the terms and conditions of employment in writing and provide this document to the employee; the list of mandatory items is detailed in Article 8 of the Enforcement Decree to the Act (시행령). Failure to issue it carries a fine of up to 5 million won.
    In practice, the Ministry of Employment and Labor clarifies: the contract must be drawn up before the start of work or, at the very least, on the day of commencement of work (without delay).
    This means you have every right to file a complaint with the Ministry of Labor that the employer is not issuing you a contract.

    3) The calculation of your salary depends on the type of your contract, hours worked, etc.
    According to Korean law:
    Paragraph 2 of Article 48 of the Labor Standards Act (근로기준법) states that when paying wages, the employer is obliged to provide the employee with a pay slip in writing (including electronic documents), which indicates the components of the wages, the methods of calculation, and other information established by presidential decree.
    (If the payday is the 25th, then on the 25th you must receive a document called a "pay slip" (임금명세서). The "pay slip" details the components of your salary.)
    When you receive this pay slip and contract, and send it to us, we will be able to help you verify if everything was paid or stated correctly.

    4) If you are underpaid according to the agreement, this is called "Wage Arrears / 임금체불" – it is the non-payment or delay by the employer of wages or other payments that should be paid to employees in exchange for their labor.

    The absence of an employment contract does not deprive the employee of their employment status. In such cases, employees can provide documents such as regular salary payment dates and bank statements as proof of arrears. (Once again, my advice: document and collect evidence in advance)

    Employees can resolve wage arrears issues by reaching an agreement with the employer before going to court or filing a complaint. This means you can calmly ask for your wages to be recalculated if you believe you have been underpaid at work.

    For example, an employer can clearly state a deadline for paying overdue wages to employees and then pay them in accordance with the agreement. This can strengthen mutual trust between employer and employee and prevent unnecessary legal disputes.

    In other words, employees do not necessarily have to resort to civil or criminal measures to resolve wage arrears.

    If consultations between the parties are not successful, then you can consider filing a complaint or a lawsuit.

    2025-10-17 14:49

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    fnfOzvSR  A long time ago

    1

    2025-11-14 19:05

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    fnfOzvSR  A long time ago

    1

    2025-11-14 19:06