Your pay dropped because the company gave you fewer hours? Even on hourly pay, you must get three kinds of money (hours worked + 70% shutdown allowance + weekly holiday pay)
Your contract says 8 hours a day, but the company makes you work 5 hours and sends you home. You still have rights. For the 3 hours you could not work, you get a shutdown allowance of 70%. Your weekly holiday pay stays the same. If you are on a monthly salary, the rule is that you get your full salary. This guide shows example calculations and the steps to ask for your money.
Quick summary
- If your contract says 8 hours a day, 5 days a week, those are your contracted working hours (์์ ๊ทผ๋ก์๊ฐ). The company may say there is no work and send you home after 5 hours. Your contracted working hours still do not change.
- So you must get three kinds of money: โ hours worked ร hourly wage โก shutdown allowance (ํด์ ์๋น) for the hours you could not work (70% of your average wage) โข weekly holiday pay (์ฃผํด์๋น) (the same as normal, because you came to work every day).
- If you are on a monthly salary (2,156,880์ a month), it is simpler. The company cannot cut your salary because it gave you less work for its own reasons. The rule is that you get the full amount.
- The company may say "You did not work 40 hours, so no extra pay" or "We only pay for the hours you worked." This is not true when your hours went down because of the company.
- If this goes on for several months, it can count as a violation of working conditions. This can be a reason to change your workplace (the ๊ณ ์ฉ์ผํฐ (Job Center) decides).
When does this apply to you?
- You often come to work in the morning and hear, "There is no work today. Eat lunch and go home."
- Your contract is 8 hours a day, but you really work only 5โ6 hours, and your monthly pay falls to about 1.5 million ์.
- Your hourly-pay contract has no "allowance" items, so the company says "There are no allowances."
- You are on a monthly salary, but the company says it will pay "only for the days and hours you worked."
- The factory often stops because of broken machines, fewer orders, or not enough materials.
Why three kinds of money?
1. Hours worked ร hourly wage is the basic part. It must be at least the minimum wage of 10,320์ per hour.
2. Shutdown allowance (ํด์ ์๋น): Article 46 of the ๊ทผ๋ก๊ธฐ์ค๋ฒ (Labor Standards Act) says the company must pay at least 70% of your average wage for hours you could not work because of the company (the employer's fault). This applies to days when you were sent home for the whole day. It also applies when you were not given work for only part of the day. You get it for those hours. Fewer orders or a broken machine are the company's problem. Cases the company also cannot control, like a typhoon or a power cut, may be different. See Sent home because there is no work? You still get 70% shutdown allowance.
3. Weekly holiday pay (์ฃผํด์๋น): This is one day's pay you get when you come to work on all your contracted workdays in a week. A day when the company sent you home early is not an absence on your part, so you still have full attendance. Your weekly holiday pay stays the same. See 'Sunday money' (weekly holiday pay).
Example calculations
Conditions: hourly wage 10,320์ (minimum wage), contract 8 hours a day ร 5 days a week, company with 5 or more regular workers.
Example A โ You worked only 5 hours a day for the whole week
| Item | Calculation | Amount |
|---|---|---|
| Hours worked | 5 hours ร 5 days ร 10,320์ | 258,000์ |
| Shutdown allowance | 3 hours ร 5 days ร 10,320์ ร 70% | 108,360์ |
| Weekly holiday pay | 8 hours ร 10,320์ | 82,560์ |
| Total for 1 week (minimum) | 448,920์ | |
| If the company paid "only for hours worked" | 5 hours ร 5 days ร 10,320์ | 258,000์ |
| Difference | 190,920์ |
Example B โ The company made you take 2 full days off in one week
| Item | Calculation | Amount |
|---|---|---|
| Hours worked | 8 hours ร 3 days ร 10,320์ | 247,680์ |
| Shutdown allowance | 8 hours ร 2 days ร 10,320์ ร 70% | 115,584์ |
| Weekly holiday pay | 8 hours ร 10,320์ | 82,560์ |
| Total for 1 week (minimum) | 445,824์ |
Example C โ You are on a monthly salary (2,156,880์), but the company "counted only the hours worked" and paid 1,600,000์ A monthly salary is set on the basis that you agreed to work your contracted hours. The company gave you less work for its own reasons, so that is the company's responsibility. The rule is that you get your full salary of 2,156,880์. At the very least, the company cannot pay less than the shutdown allowance level (70%). You can ask for the difference of 556,880์. See Your contract says monthly salary, but in Korea you are paid by the hour.
To be exact, the shutdown allowance is 70% of your "average wage" (ํ๊ท ์๊ธ) (your pay for the last 3 months รท number of days). So the real amount may be a little different from the numbers above. If 70% of the average wage is more than your ordinary wage (ํต์์๊ธ), the company may pay the ordinary wage instead. The calculations above are enough to understand how it works.
Steps: the order to ask for your money
- Start keeping records. Every day, write down the time you started work, the time the company sent you home, and the reason ("no work," "machine broken"). On days you are sent home, send a text message that same day: "Today the boss said there was no work and told me to leave at โ o'clock." Even if nobody replies, the message you sent is evidence.
- Get your ๊ธ์ฌ๋ช ์ธ์ (pay slip). Check the hours and allowance items. If the company does not give you a pay slip, see How to make evidence without a pay slip.
- Calculate one month. Calculate the three items like in the tables above. Compare the total with the money you got. You can use the pay calculator.
- Ask by text message. "The shutdown allowance of โโ์ and weekly holiday pay of โโ์ for month โ are missing. Please pay them." In Korean: "ํด์ ์๋น๊ณผ ์ฃผํด์๋น์ ์ง๊ธํด ์ฃผ์ธ์(hyueop-sudang-gwa juhyu-sudang-eul jigeuphae juseyo)" (Please pay my shutdown allowance and weekly holiday pay).
- Get advice. Call 1350 or 1577-0071 (Nepali available) to check that your calculation is correct.
- If the company does not pay, file a complaint for unpaid wages (์๊ธ์ฒด๋ถ ์ง์ ). Shutdown allowance and weekly holiday pay are also wages. Follow How to report unpaid wages. You can claim up to 3 years of unpaid money.
- If this goes on for several months, ask the ๊ณ ์ฉ์ผํฐ if you can apply for a workplace change because "working hours are different from the contract" is a violation of working conditions. You need evidence (contract + records of work start and end times + pay slips). See Workplace change.
What to prepare
- ๊ทผ๋ก๊ณ์ฝ์ (employment contract) (the part about contracted working hours)
- Records of work start and end times (notes, photos, fingerprint records)
- Text messages from the days the company sent you home early
- ๊ธ์ฌ๋ช ์ธ์ (pay slips), bank deposit records
- Calculation table (same format as the tables above)
Be careful
- Do not give up because the company says "business is hard." The shutdown allowance exists for times when the company is having a hard time. If the company really cannot pay, there is a separate process to lower it, with approval from the ๋ ธ๋์์ํ (Labor Relations Commission). The boss cannot decide this alone.
- The shutdown allowance rule does not apply to companies with fewer than 5 workers. But weekly holiday pay, the minimum wage, and full pay under a monthly-salary contract still apply. See Rules for workplaces with fewer than 5 workers.
- If the company records the hours it sent you home as "leaving early" (์กฐํด) or "annual leave" (์ฐ์ฐจ), it did this without your agreement. See If hours you were sent home for no work were counted as leaving early or annual leave.
- If the company says "Do not go home, wait here," waiting time is also working time. Time spent inside the company waiting for instructions must be paid at 100%.
- Agriculture and livestock work is different. By law, there is no weekly holiday pay. See Working conditions for E-9 workers in agriculture and livestock.
- A day when you yourself asked to leave early is not a shutdown. Records showing whether the company sent you home or you left by choice are important.
Frequently asked questions
Q. The company says there are no allowances because my contract is hourly pay. A. Even with hourly pay, the law gives you shutdown allowance and weekly holiday pay. You get them even if they are not written in the contract.
Q. The company says, "There is no work because you work too slowly." A. The amount of orders and the production plan are the company's responsibility. It is hard for the company to prove that a shutdown happened because of how fast workers work. Keep records and call 1350 for advice.
Q. Can I get it even if this happens only a few days a month? A. Yes. If there are hours you could not work because of the company, even on just one day, you get shutdown allowance for those hours. Even small amounts become big when they add up.
Q. My pay keeps going down and I cannot live on it. Can I change companies? A. If the company keeps failing to give you the working hours in your contract, you can apply for a workplace change because of a violation of working conditions. The ๊ณ ์ฉ์ผํฐ looks at your evidence and decides if it is the employer's fault. If it is the employer's fault, it does not count in your number of changes. That is why records are important.
Where to get help
| Organization | Phone | What they help with |
|---|---|---|
| ๊ณ ์ฉ๋ ธ๋๋ถ (Ministry of Employment and Labor) Customer Center | 1350 | Checking shutdown allowance and weekly holiday pay calculations, unpaid wage complaints |
| ์ธ๊ตญ์ธ๋ ฅ์๋ด์ผํฐ (Foreign Workforce Counseling Center) | 1577-0071 | Many languages including Nepali, 3-way calls, 365 days 09:00~18:00 (staff on duty on Saturdays and public holidays) |
| ๋ํ๋ฒ๋ฅ ๊ตฌ์กฐ๊ณต๋จ (Korea Legal Aid Corporation) | 132 | Free legal advice |
| My pay calculator | /ne/tools/pay | Calculating hours and allowances |