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.
๐ In this guide
- Korean Labor Law Applies to All Foreign Workers
- Minimum Wage 2026
- Working Hours and Overtime
- Severance Pay (ํด์ง๊ธ): How It Works
- Annual Leave (์ฐ์ฐจ): How Many Days You’re Entitled To
- Weekly Holiday Pay (์ฃผํด์๋น)
- Employment Contract: What Must Be In It
- Dismissal Protection: When Firing Is Illegal
- Common Violations and What to Do
- Where to Get Help
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.
The Korea Labor Standards Act (๊ทผ๋ก๊ธฐ์ค๋ฒ) 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 โ 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) | โ Full rights | All Labor Standards Act protections apply |
| E-2 (English Teacher) | โ Full rights | Including severance, annual leave, overtime |
| E-9 (Non-Professional Employment) | โ Full rights | E-9 workers are among the most exploited โ knowing rights is especially important |
| H-2 (Working Holiday / Visiting Employment) | โ Full rights | Applies from the first day of work |
| D-10 (Job Seeker) doing paid internship | โ Full rights | Any paid work triggers full labor protections |
| F-series (F-2, F-4, F-5, F-6) | โ Full rights | F-series holders have the broadest work rights |
2. Minimum Wage 2026 and 2027
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.
3. Working Hours and Overtime Pay in Korea
| 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%โoften described as 1.5ร 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 holidayโnot automatically every unscheduled day off. Up to 8 holiday hours is commonly 1.5ร in total; hours beyond 8 are commonly 2.0ร 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. |
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.
Overtime pay per hour at the minimum wage (2026 and 2027)
If you are paid the minimum wage, these are the lowest hourly amounts the ordinary rules allow. If your ordinary hourly wage is higher, multiply your own rate by the same factor.
| Hour worked | Multiplier | 2026 (KRW 10,320/hr) | 2027 (KRW 10,700/hr) |
|---|---|---|---|
| Regular hour | 1.0ร | KRW 10,320 | KRW 10,700 |
| Overtime hour | 1.5ร | KRW 15,480 | KRW 16,050 |
| Night hour (10 PMโ6 AM), not overtime | 1.5ร | KRW 15,480 | KRW 16,050 |
| Overtime hour that is also a night hour | 2.0ร | KRW 20,640 | KRW 21,400 |
| Holiday work, first 8 hours | 1.5ร | KRW 15,480 | KRW 16,050 |
| Holiday work beyond 8 hours | 2.0ร | KRW 20,640 | KRW 21,400 |
Ordinary rule for workplaces with 5 or more regular employees (Labor Standards Act Article 56). Minimum wage figures from our Korea minimum wage guide. Workplaces with 4 or fewer employees do not have to pay these premiums, and special working-time systems can change the result.
4. Severance Pay (ํด์ง๊ธ): How It Works
Severance pay (ํด์ง๊ธ) is one of the most valuable rights foreign workers in Korea often don’t know they have โ 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 โ receive 2 months’ average wage. Work 3.5 years โ 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 รท 90 days). Includes regular salary, fixed overtime, and regular bonuses. |
Severance pay calculation
5. Annual Leave (์ฐ์ฐจ): How Many Days You’re Entitled To
* 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 โ 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 โ employers cannot deduct from your ์ฐ์ฐจ when public holidays fall on working days. |
6. Weekly Holiday Pay (์ฃผํด์๋น)
์ฃผํด์๋น is a uniquely Korean labor right that many foreigners โ and even some Korean workers โ 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 โ 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 ์ฃผํด์๋น (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 ์ฃผํด์๋น |
7. Employment Contract: What Must Be In It
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
- 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 โ those provisions are illegal and unenforceable. The law protects you even if you signed it.
8. Dismissal Protection: When Firing Is Illegal
| Item | Rule |
|---|---|
| Just cause required | An employer cannot dismiss an employee without “justifiable reason” โ 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 โ 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 (๋ ธ๋์์ํ) 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 (์๊ธ ์ฒด๋ถ ์ง์ ) at your local ๊ณ ์ฉ๋ ธ๋๋ถ (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 โ file at ๊ณ ์ฉ๋ ธ๋๋ถ. 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 ๊ณ ์ฉ๋ ธ๋๋ถ. 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 (๋ถ๋นํด๊ณ ) complaint at the Labor Relations Commission (๋ ธ๋์์ํ) 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. |
Unpaid wages or severance: filing a claim and getting substitute payment (๊ฐ์ด๋์ง๊ธ๊ธ)
If your employer does not pay, you can recover part of the money from a state fund, even when the company has no money left. The steps below are for workers who have already left the job. Your nationality and visa type are not conditions. What matters is the employer and the deadlines.
- File a wage complaint (์๊ธ์ฒด๋ถ ์ง์ ) with the regional Ministry of Employment and Labor office, online on the MOEL labor portal or in person. Call 1350 for help in other languages. For substitute payment, you must file within 1 year of the day after you left.
- Get the confirmation of unpaid wages (์ฒด๋ถ์๊ธ๋ฑยท์ฌ์ ์ฃผํ์ธ์). After the labor inspector confirms the unpaid amount, ask for this certificate.
- Claim substitute payment within 6 months of the date the certificate was first issued. The claim goes to the Korea Workers’ Compensation and Welfare Service (๊ทผ๋ก๋ณต์ง๊ณต๋จ). The state pays you and then recovers the money from the employer.
| Item | Substitute payment for workers who have left (๊ฐ์ด๋์ง๊ธ๊ธ) |
|---|---|
| Employer condition | Covered by the Wage Claim Guarantee Act (generally, workplaces covered by industrial accident insurance), and in business for at least 6 months up to your last day |
| Maximum amount | KRW 10 million in total: up to KRW 7 million for unpaid wages (last 3 months) and up to KRW 7 million for severance (last 3 years) |
| Deadline to complain | Within 1 year from the day after you left |
| Deadline to claim | Within 6 months of the date the confirmation certificate was first issued |
Anything above the cap is still owed by the employer. Free legal aid (132) can help you sue for the rest. If you are still employed and unpaid, a separate in-work substitute payment exists with extra income conditions; ask the labor office when you file.
10. Where to Get Help
๐ Ministry of Employment and Labor
File wage complaints, overtime claims, contract disputes. English language support available.
Hotline: 1350 (Korean) | moel.go.kr๐๏ธ Labor Relations Commission
Unfair dismissal complaints. Free to file. Can order reinstatement or back pay.
nlrc.go.kr | Local branches nationwide๐ 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.kr๐ฑ 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)โ๏ธ Legal Aid Corporation (๋ํ๋ฒ๋ฅ ๊ตฌ์กฐ๊ณต๋จ)
Free legal aid for low-income workers. Can represent you in court for wage disputes and unfair dismissal cases.
132 | klac.or.kr๐ 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)- Minimum wage: KRW 10,320/hour (2026) โ 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 โ 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: ๊ณ ์ฉ๋ ธ๋๋ถ (1350), Seoul Global Center (02-2075-4180), Foreign Worker Support (1644-0644)
Related: Korea Salary Guide 2026: What to Expect by Industry โ
Related: Korea Health Insurance for Foreign Workers โ
Related: Korea Income Tax and ์ฐ๋ง์ ์ฐ for Foreigners โ