Can your boss pay only 90% because you are on probation? Not for E-9 simple labor jobs

When does this apply to me?

If even one of the following is true, your employer cannot pay you less than the minimum wage because of probation.

1. Your work is a simple labor job. This means work in Major Group 9 of the Korean Standard Classification of Occupations. See below for how to check.
2. Your work contract is shorter than 1 year. For example, with a 6-month contract, there is no probation pay cut.
3. 3 months have passed since your probation started. From the 4th month, you must get 100%.

Your employer can pay 90% only when all three conditions are met (contract of 1 year or more, within 3 months, and work that is not simple labor). Even then, the probation period and the probation pay must be written in your 근로계약서 (work contract).

How to check if your work is simple labor

Major Group 9 covers jobs where you use simple hand tools and do repeated work that uses a lot of physical effort. The sub-major groups are:

Sub-major group	Description	E-9 examples
91	Simple labor in construction and mining	Carrying and arranging materials at construction sites, helping with demolition
92	Simple labor in transport	Unloading, loading, delivery
93	Simple labor in manufacturing	Sorting products, putting on labels, simple assembly, packing, carrying
94	Simple labor in cleaning and security	Cleaning, street and environment cleaning
95	Simple labor in housekeeping, food, and sales	Kitchen helper, dishwashing
99	Simple labor in farming, forestry, fishing, and other services	Simple work on farms, livestock barns, and fish farms

There is an important difference. In manufacturing, work where you operate a machine and take a direct part in processing or production is in Major Group 8 (machine operators and assemblers). This is not simple labor. In the same factory, choosing, packing, and moving products is Major Group 9. Running a machine to process products is Major Group 8. If you are not sure which group your work belongs to, write down the work you actually do and ask 1577-0071 or 1350. Your job group depends on the work you actually do, not on your job title.

How much am I missing? (Based on the 2026 minimum wage of 10,320원)

Item	100%	90%	Difference
Hourly wage	10,320원	9,288원	1,032원
Monthly pay (209 hours)	2,156,880원	1,941,192원	215,688원
Total for 3 months	6,470,640원	5,823,576원	647,064원

• If you do overtime, night work, or holiday work, the extra pay is also calculated with the lower hourly wage. So the difference becomes even bigger.
• On your pay slip, if base pay ÷ scheduled working hours for that month is less than 10,320원, something may be wrong. See how to calculate in Check if your pay meets the minimum wage in 30 seconds.

Steps

1. Look at your 근로계약서 (work contract). Check if the contract is 1 year or longer. Check what is written in the "probation period" (수습기간) and "pay during probation" (수습 중 임금) boxes. The standard work contract for foreign workers has a separate box for probation.
2. Look at your 급여명세서 (pay slip). It must show your base pay, hourly wage, and working hours (Labor Standards Act Article 48(2)). If your hourly wage is around 9,288원 or your monthly pay is around 1,941,192원, you are being paid 90%.
3. Write down whether your work is simple labor. Write each task you actually do in a day, one line each. Example: "I put parts into boxes. I move finished products. I clean the floor."
4. Ask your employer by text message or messenger app. "I do simple labor work. I understand that probation pay cuts are not allowed under Minimum Wage Act Article 5(2). I ask you to pay the difference." Send it in writing so there is a record.
5. If your employer says no or does not answer, get advice. Call 1577-0071 (외국인력상담센터, Foreign Workers Counseling Center) for many languages, or 1350 (고용노동부) in Korean. If you explain the work you actually do, they will help you decide if it is simple labor.
6. If the problem is still not solved, file a complaint about unpaid wages. You can file online at the Labor Portal (labor.moel.go.kr) or visit your local labor office. It takes 25 days to handle (not counting Saturdays and public holidays), and it can take longer. For details, see How to report unpaid wages.
7. You can claim the difference for up to the last 3 years. You can do this even if your probation is over or you have already left the company.

What to prepare

• 근로계약서 (work contract) (the page that shows the probation part)
• All 급여명세서 (pay slips) from your probation period (photos or files)
• Notes on the work you actually do and photos of your work (to decide if it is simple labor)
• Records of your attendance and working hours (fingerprint or card records, work schedules)
• Screenshots of text or messenger messages where you asked your employer
• 외국인등록증 (Alien Registration Card), bank account history (to check the amounts paid in)

Things to watch out for

• "Because you are on probation" is not enough. All three conditions must be met. If even one is missing, you must get 100%.
• Even if your contract says 90% and you signed it, that part is invalid if the conditions are not met. The law treats it as if you were promised the minimum wage (Minimum Wage Act Article 6).
• Do not be fooled by job titles. Even if your contract says "production worker" (생산직) or "skilled worker" (기능직), your work may be simple labor if what you actually do is sorting, packing, or carrying. On the other hand, if you run a machine yourself to process products, it may not be simple labor.
• The 3 months are counted from the day your probation started. Not from the day you entered Korea or the date on your contract.
• Doing probation twice or making it longer is not a reason for a pay cut. After 3 months, you must get 100%.
• Cutting more pay because the employer gives you a dormitory or meals is a separate problem. Housing and meals given in kind (not as money) do not count toward the minimum wage. Taking money out of your pay for them needs your written consent. For details, see 2026 minimum wage and how to calculate your pay.
• Breaking the minimum wage law is a crime. The employer can get up to 3 years in prison or a fine of up to 20 million won. Even if you and your employer settle later, the punishment can still go ahead separately.

Frequently asked questions

Q. I pack and carry products at a factory. My boss says I get 90% for the 3-month probation. A. Packing and carrying usually belong to Major Group 9 of the Korean Standard Classification of Occupations (simple labor in manufacturing). In this case, you must get 100% even during probation. Write down the work you actually do, check with 1577-0071, and then ask for the difference.

Q. I operate a press machine. Is my work also simple labor? A. Work where you operate a machine and take a direct part in processing or production is in Major Group 8. It may not be simple labor. In this case, if your contract is 1 year or longer and it is within 3 months, a 90% pay cut is allowed. But if you only do helper work next to the machine, like choosing and moving products, it is different. Explain your work clearly and get advice.

Q. I work on a farm. Is 90% during probation correct? A. Simple work on farms and livestock barns usually belongs to Major Group 9 (simple labor in farming, forestry, and fishing). Then you must get 100% even during probation. The rules on days off do not apply to farming and livestock work, but that is a separate matter from the minimum wage. The minimum wage also applies to farming.

Q. My 3-month probation is over, but I still get 90%. A. From the 4th month, you must get 100%, no matter what. The difference is unpaid wages. Collect your pay slips and ask your employer. If that does not work, file a complaint.

Q. Can I change my workplace because of this problem? A. Unpaid wages and pay below the minimum wage can count as the employer's fault. If this is accepted, the change does not count toward your number of workplace changes. But the exact rules, such as the amount and period, are set by a 고용노동부 notice. So check with 고용센터 (Job Center) or 1350 first to see if your case qualifies. For the steps, see Changing your workplace.

Where to get help

Organization	Phone	What they do
외국인력상담센터 (Foreign Workers Counseling Center)	1577-0071	Advice on probation and minimum wage problems, many languages, weekdays 09:00~18:00
고용노동부 고객상담센터 (Ministry of Employment and Labor Call Center)	1350	Advice on minimum wage, whether your work is simple labor, and filing complaints
외국인종합안내센터 (Immigration Contact Center)	1345	Connects you to an interpreter, 20 languages
고용노동부 노동포털 (Ministry of Employment and Labor Labor Portal)	labor.moel.go.kr	File an unpaid wage complaint online
Your local 고용센터	Visit in person	Check and apply for reasons to change workplace