What to Check Before Signing an Employment Contract

A contract puts promises in writing

Terms you heard in an interview or offer discussion are only remembered words until they are in the contract. If a disagreement later arises over pay or hours, the contract is the first thing anyone checks. Labor law in Korea, like many places, requires core working conditions such as wages, working hours, days off and annual leave to be set out in writing and a copy given to the employee. So if you are told to start without a contract, or you sign but never receive a copy, it is entirely reasonable to ask. Rather than signing in a rush on your first day, ask whether you can receive it in advance and read it.

Items to check

Contract templates differ from company to company, but make sure the items below appear in some form. If something is missing or simply says "per company rules," ask whether you can see those rules. Be especially careful if the duties or workplace are described very broadly, as that can lead to unexpected tasks or a change of location later.

• The parties and the start date
• Contract term: fixed-term or open-ended
• Duties and place of work
• Pay structure, how it is calculated, payday and method
• Working hours, breaks and days off
• Annual leave and other types of leave
• Any probation period and its conditions

Look at how pay is made up

Checking only the annual total misses a lot. Separate out the base pay, any allowances paid on top, and the conditions under which bonuses are paid. If overtime, night or holiday work is covered by a fixed amount built into your pay, it is important to check how many hours that covers and how anything beyond it is settled. It is also worth dividing the total by your working hours and checking for yourself, against the official figures, that the hourly amount is not below the legal minimum wage.

Hours, breaks and days off

Check your start and finish times, your break time and which days are your days off. For shift work or flexible arrangements, ask how the schedule is set and how far in advance you are told. If the hours in the contract look very different from the hours you will actually work, discuss how that gap is handled before you sign. Once you start, keeping your own record of the times you actually arrive and leave is the most reliable evidence if a dispute ever arises. Even if a break is written into the contract, ask in advance if the way the work is organized means you could not actually take it.

Term, probation and special clauses

For a fixed-term contract, check the end date and how renewal is decided. If there is a probation period, find its length, pay and evaluation during probation, and what happens when it ends. Reducing pay during probation is subject to legal conditions and limits, so check the exact rules in official guidance. If there are unfamiliar special clauses, such as repaying training costs or a penalty if you leave early, or a ban on working in the same industry afterwards, their validity can depend on the law and the circumstances, so getting advice before you sign is the safer course.

How to approach signing

Asking about the contract is not being difficult; it is a normal check. Ask about unclear clauses in a factual way, such as "In what situations does this part apply?" If a term promised during negotiations is missing, ask for it to be added, or at least get it confirmed in writing, for instance by email. After signing, keep a copy of the contract together with the job posting, the offer email and the company rules, anything that shows your working conditions, in one place.

• Ask for time to read the whole thing before signing
• Ask for any missing verbal promises to be added
• Always get a signed copy
• Keep the job posting and offer email as well

If problems arise

If you are paid differently from the contract, never received a contract, or feel you have been treated unfairly, gather records before reacting emotionally. Payslips, records of your working hours and messages exchanged are important evidence. In Korea the Ministry of Employment and Labor and local public labor centers offer free advice, and you can turn to a labor attorney or lawyer if needed; elsewhere, look for the equivalent official service. This guide lists general points to check and is not legal advice. Laws and standards change, so confirm any specific judgment through official guidance and qualified professionals.