If you break a machine or item at work: the boss cannot take money from your pay as they like

When does this apply?

• You hit a shelf or goods with a forklift.
• A machine broke down and the boss says it is your fault.
• The boss says they will cut your pay because there were defective products.
• You broke farm equipment or a company car while using it.
• The boss asks you to sign a written promise to pay for damage, or a consent form that says "the money can be taken from my pay".

Steps

1. If you are hurt, get treatment first. If you were hurt at work, you can get treatment through industrial accident insurance (산재보험, insurance for injuries at work). Even if you were hurt because of your own mistake, it can still count as a work accident (산재). But small non-corporate farms or fishing businesses (fewer than 5 workers on average) and fishing boats may have a different insurance instead of industrial accident insurance. Ask the company which insurance it has, and please check with 1577-0071 or 근로복지공단 (Korea Workers' Compensation and Welfare Service) 1588-0075. See How to apply for industrial accident insurance.
2. Write down what happened. Write the date, the time, what work you were doing, and who told you to do that work. Take photos of the broken item.
3. Also write down your working conditions. Write whether you were trained on how to use it, whether there were safety devices, how many hours you had already been working, and whether the job was hard to do alone. These can be reasons to reduce your responsibility.
4. Do not sign a written promise or consent form. Say: "상담하고 답하겠습니다" (I will get advice and then answer). Take photos of the papers.
5. If money was already taken from your pay, check your 급여명세서 (pay slip), and ask the boss by text message for the reason.
   • "사장님, 이번 달 월급에서 ○○○원이 빠졌습니다. 어떤 이유로 뺀 것인지 알려 주십시오." (Boss, ○○○ won was taken from my pay this month. Please tell me the reason it was taken.)
6. Get advice. Call 1577-0071 or 1350. Money the boss took as they liked is unpaid wages. You can file a complaint (진정) with the 노동청 (regional labor office; 지방고용노동관서) in charge of the area where your workplace is. See How to report unpaid wages.

Things to be careful about

• The rule that pay must be given in full (Article 43) and the ban on contracts that set damage fees in advance (Article 20) also apply to workplaces with fewer than 5 workers on average.
• When you quit, the boss also cannot take damage money as they like from your last pay or your 퇴직금 (severance pay).
• If there is an objective reason to see that the worker agreed because they truly wanted to, it may be an exception. Courts check this strictly. That is why the boss tries to get your signature. Do not sign papers you do not understand well.
• If a company with 5 or more workers on average has a rule in its 취업규칙 (company work rules) that cuts pay as a punishment (감급, pay cut as discipline), it can cut up to half of one day's average wage at one time, and up to one tenth of the total pay for one month (Article 95). This is a punishment, not payment for damage. Ask to see the company work rules.
• It is different if you broke something on purpose. You may be found highly responsible.
• Some companies have insurance for their equipment. You can ask if the damage can be covered by insurance.
• Even if the boss says "I will send you back to Nepal", the boss does not decide whether you leave Korea. See What mistakes can make the boss send me back to Nepal?.
• Other illegal deductions are listed in Money that cannot be taken from your pay.

Frequently asked questions

Q. I already signed a written promise to pay for the damage. Can the boss take it from my pay now? A. Even if you signed, taking it straight from your pay is not always allowed. You can argue about whether your agreement was given freely. Even if you wrote a promise that says "I will pay back all the damage", the boss cannot get more money than the range a court sees as fair (Supreme Court ruling 95다52611). Take photos of the papers you signed and get advice from 1577-0071 or 1350.

Q. The boss says there are too many defective products, so they will cut my hourly wage from next month. A. Wages are part of your 근로계약 (employment contract). The boss cannot cut them alone. Get the change in a text message and get advice.

Q. Isn't it right to pay at least a little for the damage? A. You may be found partly responsible. But the boss does not decide the amount alone. The boss must claim it separately, and if you disagree, a court looks at the situation and decides.

Where to get help

• 외국인력상담센터 (Counseling Center for Foreign Workers) 1577-0071 (Nepali available, 365 days, 09:00~18:00. On Saturdays and public holidays only duty staff work, so there may be no Nepali counselor)
• 고용노동부 (Ministry of Employment and Labor) customer counseling 1350 (Korean, weekdays 09:00~18:00)
• 대한법률구조공단 (Korea Legal Aid Corporation) 132 (legal advice if you receive a claim for damages)