If Your Boss Harasses You for Reporting to 노동부 (Ministry of Labor): Punishing You for It Is Banned by Law

When Does This Apply?

• After your report, you are suddenly given only the hardest work.
• Your boss tries to send you to a different farm or work site that is not in your contract.
• Your boss tells you to leave the dormitory.
• Your boss stops giving you overtime or takes you off the work schedule.
• Your boss says "I will file a runaway report (이탈 신고)" or "I will send you back to Nepal."
• Your boss swears at you in front of coworkers and tells you to withdraw your complaint.

Steps

1. Keep records. Write down the date, time, place, what your boss said and did, and who was there. Do not delete text messages or photos.
2. Compare before and after. Keep your work schedule, work duties, and monthly pay from before the report and from after it. These records help show that the change happened because of your report.
3. Get answers by text message. "Please tell me why my work was changed after I made the report." If your boss told you something by voice, ask again by text: "Is it correct that you said ○○ today?"
4. Tell the inspector in charge. Send the details and your records to the inspector handling your complaint. If you do not know who is in charge, ask 1350. If language is difficult, call 1577-0071 and ask for a three-way call.
5. Ask 고용센터 about a workplace change. If a violation of working conditions or unfair treatment is confirmed, it counts as the employer's fault, and it is not counted in your number of workplace changes. 고용센터 makes this decision. See Workplace change.
6. Do not leave without telling anyone. First talk to 고용센터 or 1350.

What to Prepare

• Your complaint details (case number, person in charge)
• Records of the harassment, text messages, photos, and voice recordings if you have them
• Work schedule, 급여명세서 (pay slip)
• 근로계약서 (employment contract)

Be Careful

• Do not simply stop going to work. It may be recorded as you not showing up. First write down the situation in a text message. For runaway threats, see When your boss says "I will file a runaway report".
• "I will send you back to Nepal" is not something your boss can decide. See Your boss cannot decide that you leave Korea.
• Do not sign a resignation letter or settlement agreement right away. See Being forced to sign a resignation letter. If you withdraw your complaint, it may become hard to get the rest of your money.
• If you are physically attacked, call 112 right away. See When you face violence, verbal abuse, or sexual harassment.
• Even if you are worried about your visa status, you can still report unpaid wages. If a foreigner reports being a victim of unpaid wages, the inspector does not have to notify immigration (출입국·외국인관서) about them.

Frequently Asked Questions

Q. Can I report after I leave the company? A. Yes. You can also report unpaid wages from a company you have already left. The time limit is 3 years.

Q. My coworkers found out that I made a report. A. If people swear at you or leave you out in front of coworkers, write that down too and tell the inspector.

Q. My company has fewer than 5 workers. A. Ask 1350 how the law applies to your workplace. You can still report unpaid wages and ask about a workplace change.

Where to Get Help

• 고용노동부 customer counseling 1350
• 외국인력상담센터 (Foreign Workforce Counseling Center) 1577-0071 (Nepali available, 365 days a year, 09:00~18:00)
• Emergency 112