South Korea: Contracts of employment
Original authors: Jung Woo Lee, Hyunyoung Seo and Jong In Jun, Yulchon LLC
More new South Korea chapters will be added to the guide soon, including: Useful online services; Updates - key employment law developments; and Useful contacts - legal service providers.
Summary
- There are no statutory requirements that prescribe the form of an employment contract, which may be oral or in writing. (See General)
- Probationary periods are allowed for newly hired employees. Although legislation does not specify the maximum duration of probation, it is common practice to have a three-month probationary period. (See Probationary periods)
- Employment contracts can be either indefinite term contracts or fixed-term contracts, depending on whether the duration of the contract is specified. (See Types of contract)
- When concluding an employment contract, the employer must provide the employee with clearly written details of pay, working hours, holidays and annual leave. (See Written statement of terms of employment)
- The employer and employee may agree to change any condition of employment stated in an individual's employment contract, if this does not breach any law, applicable work rules or collective agreement. (See Variation of contract)
- Restrictive covenants or non-competition clauses that prohibit a former employee from competing with their previous employer or working for a competitor for a certain period after employment ends, are enforceable under certain conditions. (See Restrictive covenants)
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