📋 Sources: Korea Labor Standards Act (근로기준법), Employee Retirement Benefit Security Act, Ministry of Employment and Labor (MOEL) 2026, easylaw.go.kr · Last reviewed: September 3, 2026
If you are checking overtime pay in Korea, start with the work itself: when it happened, whether it exceeded the statutory daily or weekly hours, and whether night or holiday work overlapped. Your visa label does not reduce labor-law protection, but workplace size, lawful flexible-work arrangements and statutory exclusions can affect the exact calculation. This guide explains overtime first, then severance pay, annual leave, contracts and where foreign workers can get help.
📑 In this guide
- Korean Labor Law Applies to All Foreign Workers
- Minimum Wage 2026
- Working Hours and Overtime
- Severance Pay (퇴직금): How It Works
- Annual Leave (연차): How Many Days You’re Entitled To
- Weekly Holiday Pay (주휴수당)
- Employment Contract: What Must Be In It
- Dismissal Protection: When Firing Is Illegal
- Common Violations and What to Do
- Where to Get Help
40 hrs/week
Standard working hours
52 hrs max (incl. overtime)
15 days/year
Annual leave (after 1 year)
Up to 25 days with tenure
1 month/year
Severance pay
After 1+ year service
×1.5
Overtime rate
Night work & holidays too
30 days
Notice before dismissal
Or 1 month pay in lieu
1. Korean Labor Law Applies to All Foreign Workers
This is the most important thing to understand before anything else: Korean labor law applies equally to all employees working in Korea, regardless of nationality or visa status.
📋 Legal basis
The Korea Labor Standards Act (근로기준법) Article 6 explicitly prohibits discrimination in working conditions based on nationality. Whether you are on an E-7, E-2, E-9, H-2, D-10, or any other visa — your rights to minimum wage, overtime pay, annual leave, severance pay, and dismissal protection are identical to those of Korean employees doing the same work.
| Visa type | Full labor rights? | Notes |
|---|---|---|
| E-7 (Professional / Specialist) | ✅ Full rights | All Labor Standards Act protections apply |
| E-2 (English Teacher) | ✅ Full rights | Including severance, annual leave, overtime |
| E-9 (Non-Professional Employment) | ✅ Full rights | E-9 workers are among the most exploited — knowing rights is especially important |
| H-2 (Working Holiday / Visiting Employment) | ✅ Full rights | Applies from the first day of work |
| D-10 (Job Seeker) doing paid internship | ✅ Full rights | Any paid work triggers full labor protections |
| F-series (F-2, F-4, F-5, F-6) | ✅ Full rights | F-series holders have the broadest work rights |
2. Minimum Wage 2026 and 2027
📋 Source: Minimum Wage Commission annual decision table (2027 rate published August 5, 2026); Minimum Wage Act Article 6(4) and Addenda to Act No. 15666 · Checked October 9, 2026 · Full figures: Korea minimum wage guide
The minimum wage applies to foreign workers in the same way as to Korean workers, at businesses of any size. It is KRW 10,320 per hour in 2026 and KRW 10,700 per hour from January 1, 2027. Monthly figures for a 40-hour week, the probation rule and the exceptions are kept up to date in our Korea minimum wage guide.
📌 What counts toward the minimum wage (from 2024)
Wages paid regularly at least once a month count, including monthly bonuses and cash meal, transport or housing allowances. Their partial exclusion was phased out to 0% in 2024. Benefits given in kind (such as provided meals or a dormitory), overtime, night and holiday premium pay, and bonuses not paid monthly do not count. So a contract with a low base salary plus monthly cash allowances is not automatically illegal. Add up the items that count and divide by your paid hours to check.
3. Working Hours and Overtime Pay in Korea
📋 Official sources: Labor Standards Act Article 50, Articles 53–54, and Article 56 · Checked September 3, 2026
Scope matters before you calculate
The premium rules below describe the ordinary rule for workplaces with five or more regular employees. Businesses with four or fewer regular employees are subject only to specified parts of the Act. Lawful flexible-working arrangements and exclusions under Article 63 can also change the result, so confirm the facts before treating a multiplier as your final claim.
| Type | Ordinary rule | How to read it |
|---|---|---|
| Statutory hours | 8 hours/day, 40 hours/week | These limits exclude recess time. Whether work is overtime can depend on both the daily and weekly limit, subject to lawful alternative working-time systems. |
| Extended work | Usually up to 12 additional hours/week by agreement | This is the source of the familiar 40 + 12 framework. It is not a substitute for checking special systems or statutory exclusions. |
| Overtime premium | At least 50% of ordinary wage | For a covered overtime hour, the ordinary result is base hourly pay plus a premium of at least 50%—often described as 1.5× in total. |
| Night-work premium | At least 50% extra | Applies to work between 10:00 PM and 6:00 AM. If the same hour is also overtime, the statutory premiums generally accumulate. |
| Holiday-work premium | At least 50% extra up to 8 hours; at least 100% extra beyond 8 | This concerns work on a legally or contractually recognized holiday—not automatically every unscheduled day off. Up to 8 holiday hours is commonly 1.5× in total; hours beyond 8 are commonly 2.0× in total. |
| Rest breaks | At least 30 minutes for 4 hours; 1 hour for 8 hours | Breaks must be provided during working hours and employees must be free to use them. |
💡 Simple premium example
Assume the applicable ordinary hourly wage is KRW 15,000 and the ordinary Article 56 rules apply.
One overtime hour: KRW 15,000 base + KRW 7,500 overtime premium = KRW 22,500.
If that same hour is also between 10:00 PM and 6:00 AM: add another KRW 7,500 night premium, for KRW 30,000 in total.
Payroll definitions, fixed allowances, holiday overlap and special working-time arrangements can change an actual calculation.
One overtime hour: KRW 15,000 base + KRW 7,500 overtime premium = KRW 22,500.
If that same hour is also between 10:00 PM and 6:00 AM: add another KRW 7,500 night premium, for KRW 30,000 in total.
Payroll definitions, fixed allowances, holiday overlap and special working-time arrangements can change an actual calculation.
4. Severance Pay (퇴직금): How It Works
📋 Source: Employee Retirement Benefit Security Act (근로자퇴직급여 보장법) Article 8
Severance pay (퇴직금) is one of the most valuable rights foreign workers in Korea often don’t know they have — or don’t claim when they leave.
| Item | Rule |
|---|---|
| Who qualifies | Any employee who has worked continuously for 1 year or more. Part-time workers who average 15+ hours/week over the year also qualify. |
| Amount | 30 days of average wage per year of service. Work 2 years → receive 2 months’ average wage. Work 3.5 years → receive 3.5 months’ average wage. |
| Trigger | Any termination of employment: resignation, dismissal, contract expiry, company closure. You receive severance regardless of how you leave. |
| Payment deadline | Employer must pay within 14 days of employment termination. Late payment triggers an interest penalty. |
| Average wage basis | Calculated using the average daily wage from the last 3 months of employment (total wages ÷ 90 days). Includes regular salary, fixed overtime, and regular bonuses. |
Severance pay calculation
Example: 2 years and 6 months of service, monthly salary KRW 3,500,000
Average daily wage (KRW 3,500,000 × 3 months ÷ 90 days)KRW 116,667/day
30-day unit severanceKRW 116,667 × 30 = KRW 3,500,000
Service period multiplier (2.5 years)× 2.5
Total severance payKRW 8,750,000
⚠️ The most common severance violation against foreigners
Some employers tell foreign workers “you don’t get severance because you resigned” or “your visa type doesn’t qualify.” Both are false. Under Korean law, voluntary resignation qualifies for severance pay if you worked 1+ year — and your visa type is irrelevant. If your employer refuses to pay severance, file a complaint with the Ministry of Employment and Labor (고용노동부) at the 1350 helpline.
5. Annual Leave (연차): How Many Days You’re Entitled To
📋 Source: Labor Standards Act Article 60 (근로기준법 제60조)
Year 111 days*
Year 215 days
Year 316 days
Year 517 days
Year 718 days
Year 9+19 days+
Max25 days
* During your first year: 1 day of paid leave for each completed month worked (up to 11 days). These are deducted from your 15-day Year 2 entitlement if used.
| Rule | Details |
|---|---|
| Base entitlement | 15 paid days per year after 1 full year of employment (80%+ attendance required) |
| Increase rate | 1 additional day for every 2 years beyond the first — up to a maximum of 25 days |
| Unused leave | Unused annual leave must be paid out in cash at resignation or contract end. Employers cannot simply cancel unused leave without payment. |
| Timing | You choose when to take leave (within reasonable constraints). Employer can request a schedule change for business reasons but cannot deny leave entirely. |
| Public holidays | Korea has 16 public holidays per year. These are separate from annual leave — employers cannot deduct from your 연차 when public holidays fall on working days. |
6. Weekly Holiday Pay (주휴수당)
주휴수당 is a uniquely Korean labor right that many foreigners — and even some Korean workers — don’t know about. It’s effectively a paid day off for every week you complete.
| Item | Rule |
|---|---|
| What it is | One paid rest day per week for any employee who works the full scheduled week. Most commonly Sunday. |
| Who qualifies | Any employee who works 15+ hours per week and completes their full scheduled weekly hours |
| Amount | 8 hours of pay at your regular hourly rate — added on top of your weekly earned wages |
| Why it matters for minimum wage | The official monthly minimum wage figure (see our minimum wage guide) already includes 주휴수당 (209 hours = 174 working hours + 35 hours of weekly holiday pay). This is why 209 hours is used instead of 173 hours for the monthly calculation. |
| Part-time workers | Part-time workers working 15+ hours/week are entitled to proportional 주휴수당 |
7. Employment Contract: What Must Be In It
📋 Source: Labor Standards Act Article 17 (근로기준법 제17조)
Your employer is legally required to provide you with a written employment contract. The contract must include:
- Wage: Amount, calculation method, and payment date
- Working hours: Start/end times and rest break duration
- Holidays: Which days are paid holidays
- Annual leave: Number of days and conditions
- Location and type of work
⚠️ Two critical contract rules foreigners often face
- Korean contracts only: Some employers present contracts only in Korean. You have the right to request an English-language copy or have the contract explained. Sign only when you understand what you’re agreeing to.
- Contract terms cannot go below statutory minimums: Even if you signed a contract agreeing to less than minimum wage, less overtime pay, or waiving severance — those provisions are illegal and unenforceable. The law protects you even if you signed it.
8. Dismissal Protection: When Firing Is Illegal
📋 Source: Labor Standards Act Article 23 (근로기준법 제23조)
| Item | Rule |
|---|---|
| Just cause required | An employer cannot dismiss an employee without “justifiable reason” — poor performance must be documented, misconduct must be proven. Arbitrary dismissal is illegal. |
| 30-day notice requirement | Employer must give at least 30 days’ written notice before dismissal. If they fail to give notice, they must pay 30 days’ wages in lieu of notice. |
| Protection during leave | Dismissal during maternity leave, sick leave due to work injury, or similar protected periods is absolutely prohibited — even with cause. |
| Applies from 3 months | Dismissal protection applies to employees who have worked for 3+ months continuously. The first 3 months are a trial period with reduced protection. |
| What to do if wrongfully dismissed | File an unfair dismissal complaint with the Labor Relations Commission (노동위원회) within 3 months of dismissal. Reinstatement or back pay can be ordered. |
9. Common Violations and What to Do
| Violation | What you can do |
|---|---|
| Wages not paid or paid late | File a wage claim (임금 체불 진정) at your local 고용노동부 (Ministry of Employment and Labor) office. Free to file. The government can order payment and impose criminal penalties on the employer. |
| Severance pay refused | Same — file at 고용노동부. Mention the specific law: Employee Retirement Benefit Security Act Article 8. Employer is liable for the full amount + late interest penalty. |
| No overtime pay despite working over 40 hours | Collect evidence: timesheets, punch-in records, work app logs, emails sent after hours. File at 고용노동부. Back pay for up to 3 years can be recovered. |
| Annual leave denied or not paid out | Same as above. Request your attendance records and calculate unused days owed. |
| Dismissed without notice or justification | File an unfair dismissal (부당해고) complaint at the Labor Relations Commission (노동위원회) within 3 months of dismissal date. |
| Employer threatens visa cancellation if you complain | This is illegal coercion. Filing a labor complaint does not automatically trigger a visa review. Your immigration status is protected when you file labor complaints in good faith. Contact the Seoul Global Center or a labor attorney for guidance. |
10. Where to Get Help
📞 Ministry of Employment and Labor
File wage complaints, overtime claims, contract disputes. English language support available.
Hotline: 1350 (Korean) | moel.go.kr🏛️ Labor Relations Commission
Unfair dismissal complaints. Free to file. Can order reinstatement or back pay.
nlrc.go.kr | Local branches nationwide🌍 Seoul Global Center
Free multilingual labor counseling for foreigners. English, Chinese, Vietnamese, and more. Does not share information with immigration.
Tel: 02-2075-4180 | seoulforeigner.or.kr📱 Foreign Worker Support Center
Operated by MOEL specifically for foreign workers. Handles labor rights complaints, wage claims, and workplace disputes in multiple languages.
Hotline: 1644-0644 (multilingual)⚖️ Legal Aid Corporation (대한법률구조공단)
Free legal aid for low-income workers. Can represent you in court for wage disputes and unfair dismissal cases.
132 | klac.or.kr📋 easylaw.go.kr
Korea’s official plain-language legal information site. Foreign worker sections available in 12 languages. Look up your specific situation.
easylaw.go.kr (English available)
✅ Your rights — quick reference
- Minimum wage: KRW 10,320/hour (2026) — cannot be waived by contract
- Ordinary framework for covered workplaces: 8 hours/day and 40 hours/week, with extended work generally limited to 12 additional hours by agreement
- Overtime and night work generally add a 50% premium; holiday work uses the Article 56 tiered premium, subject to coverage and the actual work arrangement
- Severance pay: 1 month per year worked — paid within 14 days of leaving
- Annual leave: 15 days after 1 year, up to 25 days. Unused leave paid out in cash.
- Dismissal: requires just cause, 30 days’ notice or 1 month pay in lieu
- Your visa type does NOT reduce any of these rights
- Help: 고용노동부 (1350), Seoul Global Center (02-2075-4180), Foreign Worker Support (1644-0644)
Related: Korea Salary Guide 2026: What to Expect by Industry →
Related: Korea Health Insurance for Foreign Workers →
Related: Korea Income Tax and 연말정산 for Foreigners →
Disclaimer: This guide summarizes key provisions of Korean labor law as of 2026, based on the Labor Standards Act, Employee Retirement Benefit Security Act, and Ministry of Employment and Labor guidelines. Labor law provisions and thresholds are subject to amendment. This guide does not constitute legal advice. For your specific situation, contact the Ministry of Employment and Labor (1350), the Seoul Global Center, or a licensed Korean labor attorney (노무사).