Probationary Period & Minimum Wage for Part-Time Workers in Korea: 2026 Complete Guide

When Is a Minimum Wage Reduction During a Probationary Period Permitted?

When starting a part-time job, an employer may say, "You're on probation, so I'll pay you less than the minimum wage." Whether this is lawful depends on a careful check of the conditions.

Article 5(2) of the Minimum Wage Act (최저임금법 제5조 제2항) permits a wage reduction only for workers who meet all three of the following conditions: ① a labor contract has been concluded for a period of one year or more, ② the worker is currently on probation, and ③ the worker is within three months from the start of the probationary period. All three conditions must be satisfied. Under Article 3 of the Enforcement Decree of the Minimum Wage Act (최저임금법 시행령 제3조), the maximum reduction is 10/100 (10%) of the hourly minimum wage. Since the 2026 minimum hourly wage is 10,320 won, the minimum payable during a probationary period is 9,288 won per hour.

However, workers engaged in simple labor occupations designated and publicly notified by the Minister of Employment and Labor are excluded from the wage reduction under the proviso of Article 5(2) of the Minimum Wage Act (최저임금법 제5조 제2항). If the contract period is less than one year, the first condition is not met, and the minimum wage cannot be reduced on the grounds of a probationary period.

What Rules Apply to Dismissal During a Probationary Period?

Even during a probationary period, dismissal is subject to legal protection.

At workplaces with 5 or more regular employees, dismissal without just cause is prohibited under Article 23(1) of the Labor Standards Act (근로기준법 제23조 제1항). To carry out a dismissal, the employer must notify the worker in writing of the grounds and timing of dismissal under Article 27(1) and (2) of the Labor Standards Act (근로기준법 제27조 제1항·제2항); without written notification, the dismissal has no legal effect. If the dismissal is deemed unfair (부당해고), a relief claim may be filed with the Labor Relations Commission under Article 28(1) of the Labor Standards Act (근로기준법 제28조 제1항), and under Article 28(2) the claim must be filed within three months from the date of dismissal.

At workplaces with 4 or fewer regular employees, Annex 1 of the Enforcement Decree of the Labor Standards Act (근로기준법 시행령 [별표 1]) provides that Article 23(2) of the Labor Standards Act (prohibition on dismissal during absence from work for medical care (요양) or before and after childbirth) and Article 26 (advance notice of dismissal) apply. However, Article 27 (written notification) and Article 28 (relief claim before the Labor Relations Commission) are not included in that Annex 1.

Regarding advance notice of dismissal, Article 26 of the Labor Standards Act (근로기준법 제26조) requires either 30 days' advance notice or payment of at least 30 days' ordinary wages. However, under the proviso of Article 26, subparagraph 1, the obligation to give advance notice is waived if the period of continuous employment is less than three months.

What to Check in a Probationary Employment Contract

Article 17(1) of the Labor Standards Act (근로기준법 제17조 제1항) requires an employer to specify working conditions — including wages, scheduled working hours, holidays, and annual leave (연차유급휴가) — when concluding a labor contract. Article 17(2) requires the employer to provide a written document containing the components, calculation method, and payment method of wages.

Key items to verify in your contract:

• Contract period: If the contract is for less than one year, the minimum wage cannot be reduced on the grounds of a probationary period (Article 5(2) of the Minimum Wage Act, 최저임금법 제5조 제2항).
• Probationary period and wages: Check that the probationary period and the hourly wage during probation are clearly stated, and that the hourly wage is at least 9,288 won (a reduction is allowed only within three months from the start of probation).
• Occupation: Confirm that your job does not fall under the publicly notified list of simple labor occupations.
• Weekly holiday allowance (주휴수당): If your scheduled working hours average 15 or more per week over 4 weeks (Article 18(3) of the Labor Standards Act, 근로기준법 제18조 제3항) and you work all your scheduled working days that week (Article 30(1) of its Enforcement Decree, 시행령 제30조 제1항), the weekly holiday allowance is guaranteed under Article 55(1) of the Labor Standards Act (근로기준법 제55조 제1항).

What to Do If You Were Underpaid

If you received wages below the legal minimum on the grounds of a probationary period, the shortfall constitutes unpaid wages (임금체불). Under Article 36 of the Labor Standards Act (근로기준법 제36조), an employer must pay all outstanding amounts within 14 days after the employment relationship ends. If payment is not made by that deadline, a delay interest of 20% per annum applies from the following day under Article 37(1) of the Labor Standards Act and Article 17 of its Enforcement Decree (근로기준법 제37조 제1항, 근로기준법 시행령 제17조). The same delay interest provision also applies to wages not paid by the regular payment date during employment (Article 37(1)(2) of the Labor Standards Act, 근로기준법 제37조 제1항 제2호).

Unpaid wages can be addressed by filing a complaint with a regional office of the Ministry of Employment and Labor, or by using the complaint drafting feature and AI search on Workbear (workbear.kr) to organize your situation. If you want to check whether the wages you received are correct, use the take-home pay calculator to estimate the expected amount first.

This article is for informational purposes only and does not constitute legal advice. For specific cases, consult a certified labor attorney (노무사) or lawyer.