Sent home because 'there is no work' and the time was recorded as early leave or annual leave? — You can get 휴업수당 (shutdown allowance)

If the company sends you home because there is no work, that time can be treated as a shutdown (휴업). As a rule, you choose the dates of your own annual leave.

✓ Last verified 2026-10-13📎 Sources 21

Quick summary

If the company says "There is no work today" and sends you home early, that is not early leave (조퇴) that you wanted. It can be treated as a shutdown (휴업), which means you could not work because of the company's situation.
If the workplace usually has 5 or more workers, the rule is that you get at least 70% of your average wage (휴업수당, shutdown allowance) for the hours of the shutdown (근로기준법 (Labor Standards Act) Article 46).
As a rule, annual leave (연차) is given on the dates the worker asks for (Article 60(5)). The company cannot decide on the same day, without following the legal procedure, that "Today is your annual leave."
If the company wants you to rest on a set day instead of using annual leave, there must be a written agreement with the workers' representative (근로자대표) (Article 62).
Check your 급여명세서 (pay slip) for lines like "early leave deduction" (조퇴 공제) or "annual leave used" (연차 사용). If you did not agree, leave a record by text message. Then you can ask for advice at 1577-0071 or 1350.

When does this apply?

You came to work, but after only 1–2 hours they said "There is no work, go home."
They said "There is no work tomorrow, don't come in," and then recorded that day as annual leave or half-day leave.
You did not ask for it, but your pay slip says "early leave" (조퇴), "absence" (결근) or "annual leave used" (연차 사용).
They tell you "Sign the early leave form (annual leave request form)."

When this does not apply

You left early because you wanted to (because you were sick, or for personal reasons). In this case, pay for the hours you did not work can be deducted.
If the company stopped work for a reason that is not the company's fault (for example, a natural disaster), the rules can be different. Check with 1350.

What is the difference between early leave, annual leave and shutdown?

Type	Who decides?	Pay for that time
Early leave (조퇴)	The worker leaves early because they want to	Pay for hours not worked can be deducted
Annual leave (연차)	The worker asks for the dates (Article 60(5))	Paid. But your number of annual leave days goes down
Annual leave substitution (연차 대체)	A day set by written agreement with the workers' representative (Article 62)	Paid. Your number of annual leave days goes down
Shutdown (휴업)	The company makes you rest because there is no work	At least 70% of average wage (5 or more workers, Article 46)

A shutdown also includes cases where the worker wanted to work but the company did not give them work (Supreme Court ruling 90다카25277 of June 28, 1991).

There are three legal procedures that let the company have a say in your annual leave dates. All three have conditions.

Changing the date (Article 60(5), proviso): If giving you the day you asked for would seriously harm business operations, the company can move it to a different day. This means moving a day that you chose. It does not give the company the power to pick a day with no work and make you use your annual leave.
Annual leave substitution (Article 62): There must be a written agreement with the workers' representative. The workers' representative is a labor union that more than half of the workers belong to. If there is no such union, it is a person who represents more than half of the workers (Article 24(3)).
Promoting the use of leave (Article 61): At a set time, the company tells you in writing how many annual leave days you have left and asks you to choose dates and tell the company. If the worker does not give dates within 10 days, the company can choose the dates and give written notice.

If you did not ask for leave, and there is no agreement document or written notice, and someone just says on the day "Use your annual leave today," this is not any of these three procedures.

How much can you get back?

Let's calculate with an example. A worker with a monthly salary, paid the 2026 minimum wage of 10,320원 per hour, working 8 hours a day, with no overtime. They worked only 1 hour, and the other 7 hours were recorded as "early leave," so 72,240원 (10,320원 × 7 hours) was deducted.

If you received part of your wage during the shutdown, the shutdown allowance is at least 70% of (average wage − wage received) (Enforcement Decree of the Labor Standards Act, Article 26).

Average wage for 1 day: 3 months of wages 6,470,640원 ÷ 92 days (example) = about 70,333원
Wage received that day: 1 hour = 10,320원
Shutdown allowance: (70,333원 − 10,320원) × 70% = about 42,009원

If it is accepted as a shutdown, the rule is that you get at least about 42,009원 of the 72,240원 that was deducted. If you have been getting overtime or night work pay, your average wage is higher, so the amount is also bigger. If you were made to rest for the whole day, see the article on the 70% shutdown allowance.

If the company recorded that day as 1 day of annual leave, your pay for that day is not cut. But you lose 1 day of annual leave. As a rule, you can rest on a day you choose with annual leave, or if you cannot use it, you get annual leave pay instead (in the example above, 82,560원 per day). If you did not agree, you can ask them to give the annual leave day back. Then your pay for that day can be recalculated as shutdown allowance. If you rested the whole day, in the example above, 82,560원 goes down to about 49,233원 (70,333원 × 70%). But you get 1 day of annual leave back. For annual leave days and pay, see the article on calculating annual leave.

Steps

Write it down on the same day. Note the date, the time you came to work, the time they told you to go home, who said it, and the reason ("no work"). It is good to ask again by text message right then and keep the answer. Example: "Is it correct that the company told me to go home at 11:00 today because there was no work?"
Do not sign an early leave form or annual leave request form. Even if they later say "It is just a formality," if you sign, it will look like you left because you wanted to.
Leave a text message saying you do not agree. Example: "I did not ask for early leave (annual leave). The company sent me home because there was no work, so please treat it as a shutdown."
Check your pay slip. When the company pays wages, it must give you a pay slip in writing (electronic documents are also OK). The pay slip must show what was deducted and how much, and how items that depend on the number of workdays or hours were calculated (Article 48(2), Enforcement Decree Article 27-2). Look for lines like "early leave deduction" (조퇴 공제), "attendance deduction" (근태 공제), "absence" (결근) or "annual leave used" (연차 사용). If you did not get a pay slip, ask for one by text message.
Ask the company to correct it. Send a text message such as: "Please pay shutdown allowance for the 72,240원 deducted on (month) (day)," or "Please give back the 1 day of annual leave recorded on (month) (day)." Keep their reply.
If it is not solved, get advice and file a complaint. First get advice at 1577-0071 (counseling in Nepali) or 1350. For unpaid shutdown allowance, you can file a complaint (진정) online on the 노동포털 (Labor Portal, labor.moel.go.kr), or by visiting the 지방고용노동관서 (regional office of the Ministry of Employment and Labor) for your workplace's area. For how to do this, see How to report unpaid wages.

What to prepare

Notes for each date (time you came in and left, who sent you home, the reason)
Screenshots of text messages or KakaoTalk messages saying "go home" or "use your annual leave," and recordings
Pay slips that show the deduction, and bank deposit records
Attendance records (entry card records, photos of the work schedule)
근로계약서 (employment contract), 외국인등록증 (Residence Card / ARC)
Names and contact details of coworkers who were sent home with you

Things to be careful about

At workplaces with fewer than 5 workers, shutdown allowance (Article 46) and legal annual leave (Articles 60–62) do not apply (Enforcement Decree, Appended Table 1). Annual leave usually applies only if the workplace had 5 or more workers continuously during the previous 1 year (Enforcement Decree Article 7-2(3)). But payment of full wages (Article 43) and pay slips (Article 48) still apply. If the number of workers at your company changed recently, you can take your employment contract and ask for advice at 1350.
Do not work somewhere else during the time you were sent home. E-9 workers cannot work anywhere other than their designated workplace (출입국관리법 (Immigration Act) Article 18(2)).
Go to work as usual on the next workday. It is safer to get a text message saying until when you are told to rest. If you are absent for 5 days or more without proper procedure such as company approval, this becomes a reason the company can file an employment change (absconding / 이탈) report with the 고용센터 (Job Center) (Enforcement Decree of the 외국인근로자의 고용 등에 관한 법률 (Act on the Employment of Foreign Workers), Article 23(1)). See the article on threats of an absconding report.
If being sent home keeps happening, you can ask about changing workplaces. If the company does not let you work for 5 days or more without paying wages or shutdown allowance, this can be a reason to change workplaces that is not the worker's fault (고용노동부 (Ministry of Employment and Labor) Notice 「Reasons for Workplace Change Not Attributable to Foreign Workers」, Article 5(6)). It can also apply if your wages went down because of a shutdown or leave due to the company's situation (same Notice, Article 2(1)). This is based on your wages during the 1 year before the date you apply to change workplaces. It can apply if, for 2 months or more, the wages you received were less than 70% of your average wage. It can also apply if, for 4 months or more, the wages you received were less than 90% of your average wage. In these cases, you must apply during the shutdown or leave, or before 4 months have passed since the day it ended. If you change workplaces for these reasons, it is not counted in your number of workplace changes (Act on the Employment of Foreign Workers, Article 25(4)). The 고용센터 decides whether your case qualifies by looking at the evidence. Take the records listed above and first ask for advice at the 고용센터 or 1577-0071. Do not stop going to work or leave the company. For details, see Changing workplaces – reasons, procedure, number of changes.
Like wages, shutdown allowance is hard to claim after 3 years have passed (Article 49).

Frequently asked questions

Q. The company says "By our rules, days with no work are counted as annual leave." A. Company rules (취업규칙, work rules) or notices are different documents from a written agreement with the workers' representative (Article 62). You can ask two things: who the workers' representative is, and whether there is a document in which that representative and the company agreed to annual leave substitution. Get the answers by text message and check with 1350.

Q. The boss said "Go," and I said "Yes." Does that make it early leave? A. If the company said first, "There is no work, go home," you can argue that you could not work because of the company's situation. Who spoke first is important. Keep the messages and statements from coworkers.

Q. If I ask for shutdown allowance, will I be treated badly? A. Article 104 prohibits dismissing or unfairly treating a worker because they reported a violation of the law to the 고용노동부 or a 근로감독관 (labor inspector). This rule also applies to workplaces with fewer than 5 workers. Also keep the text messages in which you asked the company directly. If you are treated unfairly, you can get advice at 1350 or 1577-0071.

Q. It was recorded as annual leave, so my salary was not cut. Can I just leave it? A. It is your choice. If you get the annual leave back, that day will be recalculated as shutdown allowance, and your pay can go down (in the example above, from 82,560원 to about 49,233원). But you get 1 day of annual leave back. If you want it back, you can send a text message saying you did not agree, and ask for it.

Where to get help

Organization	Phone / Website	What they help with
외국인력상담센터 (Foreign Workers Counseling Center)	1577-0071	Labor counseling in Nepali, every day of the year, 09:00–18:00
고용노동부 고객상담센터 (Ministry of Employment and Labor Call Center)	1350	Advice on shutdown allowance, annual leave and complaints, weekdays 09:00–18:00
외국인종합안내센터 (Immigration Contact Center)	1345	3-way interpretation when you call government and public offices, weekdays 09:00–22:00 (Nepali until 18:00)
고용노동부 노동포털 (Labor Portal)	labor.moel.go.kr	File a complaint (진정서) online

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Legal basis

근로기준법 제60조제5항 — 연차는 근로자가 청구한 시기에 주는 것이 원칙, 사업 운영에 막대한 지장이 있으면 사용자가 그 시기를 변경 (Labor Standards Act Art. 60(5) — as a rule, annual leave is given on the dates the worker asks for; the employer can change the dates if the leave would seriously harm business operations)
근로기준법 제61조(연차 유급휴가의 사용 촉진) — 사용자의 서면 촉구 후 근로자가 10일 이내에 사용 시기를 정해 통보하지 않으면 사용자가 시기를 정해 서면 통보 (Labor Standards Act Art. 61, promoting the use of annual leave — after the employer asks in writing, if the worker does not choose dates and tell the employer within 10 days, the employer chooses the dates and gives written notice)
근로기준법 제62조(유급휴가의 대체) — 근로자대표와의 서면 합의로 연차 대신 특정한 근로일에 휴무 (Labor Standards Act Art. 62, substitution of paid leave — workers can take a set workday off instead of annual leave, but only with a written agreement with the workers' representative)
근로기준법 제24조제3항 — 근로자대표: 근로자 과반수로 조직된 노동조합, 없으면 근로자 과반수를 대표하는 자 (Labor Standards Act Art. 24(3) — workers' representative: a labor union that more than half of the workers belong to; if there is no such union, a person who represents more than half of the workers)
근로기준법 제46조(휴업수당) — 사용자 귀책 휴업 시 평균임금의 70% 이상, 70%가 통상임금을 넘으면 통상임금 지급 가능 (Labor Standards Act Art. 46, shutdown allowance — at least 70% of average wages for a shutdown that is the employer's fault; if 70% is more than ordinary wages, the employer may pay ordinary wages)
근로기준법 시행령 제26조(휴업수당의 산출) — 휴업 기간 중 임금 일부를 받은 경우 (평균임금 − 받은 임금)의 70% 이상 (Enforcement Decree of the Labor Standards Act Art. 26, calculating shutdown allowance — if part of the wage was paid during the shutdown, at least 70% of (average wage − wage received))
대법원 1991. 6. 28. 선고 90다카25277 판결 — 휴업에는 개개 근로자가 일할 의사가 있음에도 그 의사에 반하여 취업이 거부된 경우도 포함(찾기쉬운 생활법령정보 인용) (Supreme Court ruling 90다카25277 of June 28, 1991 — a shutdown also includes cases where a worker wanted to work but was refused work against their will; cited by Easy-to-Find Living Law Information)
근로기준법 제43조제1항(임금 전액 지급), 제48조제2항 및 시행령 제27조의2(임금명세서 교부와 기재사항) (Labor Standards Act Art. 43(1), payment of full wages; Art. 48(2) and Enforcement Decree Art. 27-2, giving pay slips and what they must include)
근로기준법 제49조(임금의 시효) — 임금채권은 3년간 행사하지 않으면 소멸 (Labor Standards Act Art. 49, time limit for wages — the right to claim wages ends if it is not used for 3 years)
근로기준법 제104조(감독 기관에 대한 신고) — 고용노동부장관·근로감독관에 대한 통보를 이유로 한 해고·불리한 처우 금지 (Labor Standards Act Art. 104, reporting to the supervising authority — dismissal or unfair treatment because a worker reported to the Minister of Employment and Labor or a labor inspector is prohibited)
근로기준법 시행령 제7조 및 별표 1 — 제46조·제60조~제62조는 상시 4명 이하 사업장에 적용되지 않음, 제43조·제48조·제104조는 적용 (Enforcement Decree Art. 7 and Appended Table 1 — Arts. 46 and 60–62 do not apply to workplaces that usually have 4 or fewer workers; Arts. 43, 48 and 104 do apply)
근로기준법 시행령 제7조의2제3항 — 제60조~제62조 적용 여부는 법 적용 사유 발생일 전 1년 동안 계속 5명 이상인지로 판단(제60조제2항 연차는 제외) (Enforcement Decree Art. 7-2(3) — whether Arts. 60–62 apply depends on whether the workplace had 5 or more workers continuously during the 1 year before the event; leave under Art. 60(2) is excluded)
외국인근로자의 고용 등에 관한 법률 시행령 제23조제1항제3호 — 사용자의 승인 등 정당한 절차 없이 5일 이상 결근하거나 소재불명이면 고용변동 신고 사유 (Enforcement Decree of the Act on the Employment of Foreign Workers Art. 23(1)3 — being absent for 5 days or more without proper procedure such as employer approval, or being missing, is a reason for an employment change report)
출입국관리법 제18조제2항 — 지정된 근무처가 아닌 곳에서 근무 금지 (Immigration Act Art. 18(2) — working anywhere other than the designated workplace is prohibited)
고용노동부고시 제2021-30호 「외국인근로자의 책임이 아닌 사업장변경 사유」 제5조제6호 — 사용자가 임금 또는 휴업수당을 지급하지 않으면서 근로제공을 5일 이상 거부하는 경우 / 제2조제1호 — 사업장 사정의 휴업·휴직으로 평균임금의 70%보다 적은 기간이 신청일 전 1년 동안 2개월 이상 또는 90%보다 적은 기간이 4개월 이상(휴업·휴직 중 또는 종료된 날부터 4개월이 지나기 전 신청) (Ministry of Employment and Labor Notice No. 2021-30, 'Reasons for Workplace Change Not Attributable to Foreign Workers', Art. 5(6) — the employer refuses to let the worker work for 5 days or more without paying wages or shutdown allowance / Art. 2(1) — because of a shutdown or leave due to the company's situation, during the 1 year before the application the worker received less than 70% of average wages for 2 months or more, or less than 90% for 4 months or more; the application must be made during the shutdown or leave, or before 4 months have passed since it ended)
외국인근로자의 고용 등에 관한 법률 제25조제4항 단서 — 제1항제2호(외국인근로자의 책임이 아닌 사유)로 인한 사업장 변경은 변경 횟수에 포함하지 않음 (Act on the Employment of Foreign Workers Art. 25(4), proviso — a workplace change for a reason under paragraph 1, item 2 (a reason that is not the foreign worker's fault) is not counted in the number of changes)

Sources

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