Annual Leave and Vacation: How Many Days Do You Get, and Do Unused Days Become Money? 8 Common Questions

Common Questions

Q. I have worked at the same company for a long time. How many days should I get? A. At a workplace that regularly has 5 or more workers, if you have worked 3 years or more, you get 15 days plus 1 more day every 2 years. The maximum is 25 days. If you move to another company, in principle the count starts again from the day you joined the new company. If the company was sold and you continue the same work, it may be different, so please check with 1350 or 1577-0071. The calculation is in How many days of annual leave do you get.

Q. My boss says "there is no annual leave." Can I get money for the days I did not use? A. If 5 or more people regularly work at the workplace, this is a violation of the law. In principle, you receive pay for annual leave you did not use. However, if the company followed all of the legal steps in writing to promote leave use (사용 촉진, the steps where the company urges you to use your leave), there may be no pay. Please see Annual leave that disappears at the end of the year.

Q. I get annual leave pay every month. Is that okay? A. Please check what that money is, using your 명세서 (pay slip) and 계약서 (contract). At a workplace that regularly has 5 or more workers, the company may decide in advance that "we pay a certain amount each month instead of annual leave." If this money is less than the pay for the annual leave you actually earned, you can claim the difference. For your own case, asking 1350 or 1577-0071 will give you the accurate answer.

Q. Are days I took off because I was sick taken out of my annual leave? A. They are taken out if you say you will use them as annual leave. Please keep this request in a text message. If you did not agree in writing, the company must not treat these days as annual leave on its own. A period you took off because you were hurt while working or became sick because of work counts as days you came to work when annual leave is calculated. So your annual leave does not go down.

Q. The company said there was no work, sent me home, and treated the day as annual leave. A. A day off for the company's reasons can be seen as 휴업 (a shutdown of work). At a workplace that regularly has 5 or more workers, in principle you receive 70% or more of your 평균임금 (average wage) (휴업수당, shutdown allowance). This does not apply to days off because of a natural disaster such as a typhoon or earthquake. The company cannot decide on its own that the day is annual leave without a legal procedure, such as a written agreement with the 근로자대표 (workers' representative). Please see No work, so go home.

Q. How many days can I take off to go to Nepal? A. At a workplace that regularly has 5 or more workers, you can take off as many days as you have annual leave remaining. In principle, the worker chooses the dates. If it causes a big problem for running the company, the company can change the dates. Apply for annual leave by text message or KakaoTalk as well, and leave only after you get the company's answer. If you do not have enough annual leave, discuss unpaid leave with the company. Unpaid leave needs the company's written agreement. Please get it by text message or KakaoTalk and keep it. If you leave without applying for annual leave or without written agreement and are absent for 5 days or more, the company can report this to the 고용센터 (Employment Center, the government office for workers and jobs), and you may have a problem with your stay status. Please see When you visit Nepal for a short time.

Q. If I work exactly 1 full year after joining and then quit, do I get 15 days? A. No, you do not. The 15 days come only when you work 1 more day after the full year. For example, if you joined on March 1, 2024, the first year runs until February 28, 2025. If your attendance is 80% or more, the 15 days come on March 1, 2025. If you complete exactly 1 full year and then quit, you receive pay only for the unused days of the annual leave you earned during the period of less than 1 year.

Q. My company has fewer than 5 people. A. Annual leave is not guaranteed by law. Paid public holidays and shutdown allowance are also not guaranteed by law. If they are in your contract, you receive them as the contract says. Please see My company has fewer than 5 people.

Where to Get Help

• 고용노동부 (Ministry of Employment and Labor) Customer Counseling 1350 (Korean, weekdays 09:00~18:00)
• 외국인력상담센터 (Foreign Workforce Counseling Center) 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)