Your contract says monthly pay, but in Korea you get hourly pay — you can get the difference, and you may be able to change workplaces

When does this apply to you

• Your contract says "○○원 per month", but the company pays you less, calculated as "hourly wage × hours worked".
• Your boss says "It is fine because this is a small company" or "In Korea, pay is always hourly".
• Your boss asks you to sign a new contract or a consent form that changes your pay to hourly pay.

Hourly pay itself is not illegal. But even with hourly pay, you get weekly holiday pay (주휴수당) separately (except in agriculture, livestock and fishery). The problem is when you are paid less, without your consent, and differently from the contract you signed.

Rules that apply even with fewer than 5 workers

Annex 1 of the Enforcement Decree of the Labor Standards Act lists the articles that apply to companies with 4 or fewer regular workers. The articles related to this problem are:

Rule	What it says	Company with 4 or fewer workers
Labor Standards Act Article 17	The employer must tell you the wage, contracted working hours, holidays and annual leave (also when changing them). The employer must give you a written document showing the wage items, how it is calculated and how it is paid	Applies
Article 19 Paragraph 1	If the agreed working conditions are different from reality, you can claim damages (compensation) and end the contract immediately	Applies
Article 19 Paragraph 2	Applying to the Labor Relations Commission for damages; travel costs to go home when the contract ends	Does not apply
Article 43	Wages must be paid in full	Applies
Article 55 Paragraph 1	At least 1 paid holiday per week on average (weekly holiday)	Applies (except agriculture, livestock and fishery, Article 63)

The full list is in What you can get at a company with fewer than 5 workers.

How to calculate how much you were not paid

Here is an example (2026, 5 days a week, 8 hours a day).

• Contract: monthly basic pay 2,156,880원 (209 hours including weekly holiday)
• Actual: hourly 10,320원 × 176 hours worked in a month = 1,816,320원
• Difference: 2,156,880원 − 1,816,320원 = 340,560원 (per month)
• Difference rate: 340,560 ÷ 2,156,880 × 100 = about 15.8%

This difference is 33 hours of pay (209 hours − 176 hours), and most of it is weekly holiday hours. Even with hourly pay, if you agreed to work 15 hours or more per week and you work all the workdays of that week, you get weekly holiday pay (Labor Standards Act Article 55 Paragraph 1, Enforcement Decree Article 30 Paragraph 1). If your hourly wage does not include weekly holiday pay and you did not get it separately, you can file a complaint for that alone, no matter what the contract says. How to check is in Check in 30 seconds if your pay meets the minimum wage.

In agriculture, livestock and fishery, the law does not guarantee weekly holiday pay (Labor Standards Act Article 63). In this case, the monthly amount in your contract is what counts.

If your boss sent you home early or made you rest because there was no work, the calculation may be different. Write down those dates and hours separately.

The difference adds up every month. You use this rate when you check the workplace change standards below. The labor inspector (government officer who checks labor law) confirms the exact amount with your contract and attendance records.

Can I change companies

There is a way to change. The basis is Article 25 Paragraph 1 Item 2 of the 외국인근로자의 고용 등에 관한 법률 (Act on the Employment of Foreign Workers, "Foreign Worker Employment Act") and the 고용노동부 notice "Workplace change reasons that are not the foreign worker's fault" (No. 2021-30). The items related to wages are:

1. Employment permit cancelled because the pre-entry contract was broken (Notice Article 3 Item 1) — If your boss breaks the wage or working conditions agreed before you entered Korea, the 고용센터 can cancel the employment permit (Foreign Worker Employment Act Article 19 Paragraph 1 Item 2). If it is cancelled, the boss must end the employment contract within 15 days, and the worker can change workplaces.
2. Unpaid wages (Notice Article 4 Item 1) — This is when one of the following applies. Simple calculation mistakes by the boss are not included.
   • 30% or more of the monthly wage was not paid or was paid late for more than 2 months, or this happened 2 or more times
   • 10% or more of the monthly wage was not paid or was paid late for more than 4 months, or this happened 4 or more times
   • You were paid less than the minimum wage
3. Wage cut (Notice Article 4 Item 2) — The wage or working hours offered at hiring were cut by 20% or more for 2 months or more during the 1 year before the application date.
4. Decision by the Rights Protection Council (Notice Article 6) — If what your boss says is different from what you say, or there is not enough evidence, the Foreign Worker Rights Protection Council (subcommittee) can approve a workplace change. Reasons similar to the standards above can also be accepted.

For items 2 and 3, you must apply while the problem is still going on, or before 4 months have passed from the day it ended.

The example above (difference of about 15.8%) is 10% or more. If this kind of difference happens 4 or more times, or is not paid for more than 4 months, it may meet the item 2 standard. Even before that, you can ask the 고용센터 to decide under item 1 or item 4. The 고용센터 decides whether your case qualifies.

If you change for this reason, it is not counted in your number of workplace changes (3 times in the first 3 years, 2 times during the extended period) (Foreign Worker Employment Act Article 25 Paragraph 4).

Steps

1. Find your contract. Find your copy of the standard employment contract that you signed in your home country before entering Korea, and take a photo of it.
2. Collect your 급여명세서 (pay slips) and bank records. Even companies with fewer than 5 workers must give you a pay statement when they pay your wage. If you do not get one, ask by text message: "Please give me my pay statement."
3. Keep records of your work hours. Every day, write down or take a photo of your start time and end time.
4. Ask your boss by text message. Example: "My contract says ○○원 per month. Please pay the difference of ○○원 for ○ month by ○ month ○ day." No answer or a refusal is also evidence.
5. Call 1577-0071 or 1350 for counseling. At 1577-0071 you can get counseling in Nepali.
6. File a complaint for the difference. Submit a complaint on the Labor Portal (labor.moel.go.kr) or go to the regional employment and labor office in charge of your workplace. The detailed steps are in How to report unpaid wages.
7. Go to the 고용센터. Bring your evidence and say: "I am getting a wage different from my pre-entry contract. Please check if this is a reason for a workplace change." Decide when to stop working only after you get guidance from the 고용센터.
8. Apply for a workplace change and find a new company. You must apply within 1 month from the day your employment contract ended, and get the workplace change permit within 3 months from the day you applied. The detailed steps are in Workplace change – reasons, steps, number of changes.

What to bring

• Copy of your standard employment contract (a photo is OK), 외국인등록증 (Alien Registration Card), passport
• Pay slips for every month, bank deposit records (a screenshot of your bank app is OK)
• Records of your work hours (notes, photos, attendance app screen)
• Text and messenger messages with your boss, call recordings
• A note with the date and details of when you were told "We are changing to hourly pay"

Be careful

• Do not stop going to work on your own. Labor Standards Act Article 19 Paragraph 1 gives you the right to end the contract immediately. But if an E-9 worker stops coming to work without going through the 고용센터 process, the company can report you as "runaway" (leaving the workplace). Go to the 고용센터 first. If your boss threatens to report you as a runaway, see When you are threatened with a runaway report.
• Do not sign an hourly pay contract or consent form. If you sign, it can be seen as agreeing to the changed conditions. If you are pushed to sign, you can say: "I will answer after I get counseling."
• Get counseling before you sign a resignation letter or an agreement. This also applies to papers saying "quitting by agreement". If it is treated as quitting on your own, it may be counted in your number of workplace changes. If you sign an agreement saying "this amount ends everything", it becomes hard to get the rest of the difference.
• Remember the 4-month deadline. For the wage standards in the notice, you must apply before 4 months have passed from the day the problem ended.
• Even with fewer than 5 workers, you get the contract amount and the minimum wage. You also get weekly holiday pay (except agriculture, livestock and fishery). The law does not guarantee the extra 1.5 times pay for overtime or annual leave, but if they are written in your contract, you get them.
• After 3 years, it is hard to claim (Labor Standards Act Article 49).
• Even after you change companies, you can still file a complaint for the difference from your former company.

Frequently asked questions

Q. My boss says, "This company has fewer than 5 workers, so I do not have to pay what the contract says." Is that right? A. No. Stating working conditions (Article 17), breaking working conditions (Article 19 Paragraph 1) and paying wages in full (Article 43) also apply to companies with 4 or fewer workers (Enforcement Decree Annex 1). The amount in the contract is what counts.

Q. The hourly pay I got is more than the minimum wage. Is it still a problem? A. The minimum wage is the lowest level. If your contract has a higher amount, the rule is that you get the contract amount. You can file a complaint for the difference.

Q. The difference is small, about 5% a month. Can I change companies? A. You can file a complaint for the difference no matter how small it is. The 고용센터 decides whether a workplace change meets the notice standards. The 고용센터 also decides whether to cancel the employment permit because the pre-entry contract was broken. You can change for that reason only if the permit is actually cancelled. The Rights Protection Council may also approve it, so bring your evidence and get counseling.

Q. I already signed a consent form for hourly pay. A. You can still get counseling. You get the minimum wage and weekly holiday pay (except agriculture, livestock and fishery) no matter what the consent form says (Minimum Wage Act Article 6 Paragraph 3, Labor Standards Act Article 15). If your pay was cut by 20% or more from the wage offered at hiring, the 고용센터 decides whether it is a reason for a workplace change (Notice Article 4 Item 2). Bring a photo of the paper you signed and a note on when and how you signed it, and get counseling at 1577-0071, 1350 or the 고용센터.

Q. I lost the contract I signed in my home country. A. Ask the 고용센터 if they can check your contract details. Pay slips, text messages and what your coworkers say are also evidence.

Where to get help

Organization	Phone / website	What they do
외국인력상담센터 (Foreign Worker Counseling Center)	1577-0071	Counseling in Nepali, 365 days, 09:00~18:00
고용노동부 고객상담센터 (Ministry of Employment and Labor Call Center)	1350	Counseling on wages and working conditions
외국인종합안내센터 (Immigration Contact Center)	1345	20 languages (including Nepali), 3-way interpretation when you call public offices, weekdays 09:00~22:00 (after 18:00 only Korean, English and Chinese)
고용노동부 노동포털 (Labor Portal)	labor.moel.go.kr	Online complaint filing
고용센터	The 고용센터 in charge of the address of the workplace where you worked (Which job center do I apply to)	Workplace change counseling and application
외국인고용관리시스템(EPS) (Employment Permit System)	www.eps.go.kr	Online workplace change application (login required)