A labor contract is a document that specifies working conditions and wages in writing. The Labor Standards Act mandates employers to prepare and issue labor contracts in writing to resolve disputes related to labor contracts.
Specification of labor contract under the Labor Standards Act 근로계약서 미작성 벌금
The law clarifies working conditions and stipulates matters to be specified in the labor contract, and stipulates that important parts are specified in writing.
General specification target
※ Article 17 (1) of the Labor Standards Act
1. Wage 2. Prescribed working hours 3. Week holidays 4. Annual leave 5. Place of employment and work, etc
Except for the matters that must be specified in writing, it is possible through applicable regulations.
“Matters not specified in the labor contract shall be governed by the Labor Standards Act and the Employment Rules.”
a written statement
※ Article 17 (2) of the Labor Standards Act
Composition items of wages, calculation methods, payment methods, prescribed working hours, Article 55 of the Labor Standards Act, annual leave
When signing a labor contract, the employer is obligated to specify the above in writing. Failure to specify the above in writing will result in fines or fines.
Written issuance of a labor contract
Labor contracts are obligated to be prepared and issued in writing. The delivery date must be issued when “when signing a labor contract” pursuant to Article 17 of the Labor Standards Act.
If the employer did not issue the labor contract when signing it, it will be subject to prosecution for violating the law. However, if the worker fulfilled the issuance before leaving the company, the prosecution will treat it as a “prosecution suspension.”
Although it is a principle to issue in writing, electronic documents are also viewed in writing, so if it is written in a company-wide document, it is considered to have been issued.
Writing a labor contract
In principle, a labor contract must be prepared before providing work. However, the Labor Ministry determines when reporting a labor contract that has not been completed, and if a worker writes a labor contract before leaving the company, the employer is not held responsible for not writing the labor contract.
Notification of non-fulfillment of labor contract
Reports of non-fulfillment of labor contracts can be filed with the local labor office that has jurisdiction over the address of the workplace. Applications can be made by reporting through the website of the Ministry of Employment and Labor, and applications can also be made by visiting in person.
After accessing the website of the Ministry of Employment and Labor, you can go to the civil petition and report it to “Other petitions.”
The failure to report the labor contract is not a complaint.
Complaints and accusations are different. Complaints are a sign of punishment for violations of the Labor Standards Act, so in principle, they cannot be withdrawn. There is an anti-punishment crime system, but contracts that are not written are not covered.
Occasionally, charges are filed for settlement purposes, but in principle, they are not withdrawn, so it is not allowed in practice to file charges for settlement purposes. (However, some labor inspectors condone the agreement to make it easier to handle the case.)
Investigation of the complainant
In the case of reporting, the reporter must be investigated. Therefore, the reporter who reports that the labor contract has not been completed must attend the Ministry of Labor on a fixed date for investigation.
Fines + fines for not completing labor contracts
There are two punishments for not writing a labor contract. First of all, you will be fined up to 5 million won for violating Article 114 of the Labor Standards Act. In addition, if a worker who does not write a contract is a fixed-term worker, he or she will be fined up to 5 million won for matters not specified.
※ You are not punished for not writing an employment contract. It is a content that is punished for violating Article 17 (2) of the Labor Standards Act (violation of the duty to clarify writing).
a fine for not writing a labor contract
In general, the prosecution imposes a fine of 300,000 won to 500,000 won for not writing a contract. In the case of first-time offenders, prosecution has been suspended in the past, but recently, they tend to impose fines.
■ Refuse to write a labor contract
Even if the employer has requested the intention of the labor contract, but the worker refuses to write it, in principle, the labor contract that has not been signed should be issued. However, prosecutors often dispose of it “in the case of prosecution” in consideration of circumstances if there is a refusal by the worker.
the provisions of the fixed-term law
The fixed-term law imposes a fine if the labor contract does not specify it in writing.
※ Fines under the fixed-term law
category
a fine for negligence
Labor contract period,
500 thousand won
Working days and working hours
500 thousand won
break time
300 thousand won
a king
500 thousand won
Place of employment and duties
300 thousand won
※ Fines for violating the obligation to issue written labor contracts and fines under the fixed-term law are different in nature and purpose, so they do not go against the principle of prohibiting double jeopardy. Therefore, if a fixed-term worker does not write a labor contract and does not issue it in writing, he or she will be fined and fined.
Recently, there is an increasing number of cases of reporting to the Ministry of Labor for violating the obligation to issue written labor contracts. The labor contract is an important document that determines working conditions, and if you do not write it, you may be fined and fined, so please make sure to write the labor contract before the labor festival.