In a part-time job interview, student A (22), the College of Education of Pusan National University (PNU), was told by the employer that “I cannot write up a labor contract.” At that time, student A brought up the topic of social insurance to the employer, but the only answer was, “Do not get hurt.” Although student A was well aware of the necessity of the labor contract, it was not easy to apply that knowledge when faced with reality. Student A said, “Originally, I thought that if such a situation arose, I would report it to the Ministry of Employment and Labor or avoid working in such places from the beginning. However, when it became my situation, the need for money and the desire to build my career led me to endure and continue that work.”

PNU student B (Dept. of Sociology, 23), who worked part-time at a restaurant, was unilaterally fired but could not raise the issue because student B did not sign a labor contract. Student B said, “At that time, the employer didn't talk about writing a labor contract, and it was difficult to say it first, so I worked without a labor contract. I was abruptly informed of my termination via a phone call, so I was forced to move to an other workplace.”

Greeting the 70th anniversary of the enactment of the Labor Standards Act, “Channel PNU” surveyed to find out the actual status of PNU students’ labor contracts. As a result, like students A and B, one out of two students have worked part-time without writing a labor contract. There were also many unfair acts by not signing a labor contract. Many students are still not protected by the Labor Standards Act.

■More Than 50% of Students Have Not Signed a Labor Contract

From September 17th to 20th, in a survey conducted over four days with 100 participants, the results show that 56% (56 people) of the respondents answered that they have experienced not signing an employment contract. Most of them were found to have not signed labor contracts, even though they knew they were legally required. When asked, "Are you aware that you have to sign a labor contract when you work part-time?” 98% of all respondents said, “Yes.” However, only 44% said they had signed a labor contract.

89.3% (50 people) of the respondents said, “Employers did not mention the signing” as the reason for not signing the labor contract. And “Troublesome to sign (12.5%, 7 people),” “Employers requested not to sign (10.7%, 6 people),” and “Unaware of the need to sign (5.4%, 3 people)” was followed.

The labor contract is a document that protects the rights of both employees and employers by specifying working conditions, including wages and working hours. According to Article 114 of the Labor Standards Act, Korea imposes a fine of up to 5 million won to companies that do not provide labor contracts. Park Jin-Hyun (Researcher, Busan Labor Rights Center) said, “If the employer does not write a labor contract stating matters such as wages, contractual working hours, and holiday leave, the employer can let the employee work at will. In particular, if there is a dispute between workers and employers, such as wage payments, it may be unfair because it is difficult for workers to prove their claims without a written labor contract.”

14% (14 people) responded that they suffered an unjust act by not signing a labor contract. The most common types of unjust acts (multiple responses) dealt by students who answered that they had experienced an unjust act was non-payment of statutory leisure pay and overtime pay (42.8%, 8 people), followed by demands for overtime work (31.6%, 6 people), absence of recess hours (31.6%, 6 people), and violation of minimum wages (21.1%, 4 people).

The issue lies in the fact that the Labor Standards Act only applies to workplaces with more than five workers in Korea. According to Statistics Korea, the number of workers at workplaces with less than five workers stood at 3,795,000 as of August 2021, 18.5% of all wage workers, but they cannot receive any relief even if they are unfairly dismissed because the Labor Standards Act does not apply. Researcher Park explained, “They are in a complete blind spot of rights. Given that part-time jobs for “young people” are mainly done at small workplaces, employers are more likely to “violate human rights” to meek “young workers” who are not subject to the Labor Standards Act.”

In case of an unjust act, it is recommended to seek help from Local Employment and Labor Offices and Korea Legal Aid Corporation. Researcher Park said, “If the employer does not pay wages or retirement allowance, it is a criminal offense. In such cases, a worker may petition the local employment and labor office in charge of the workplace to pay overdue wages or punish the employer for violating the Labor Standards Act. It is also possible to file a civil action or proceed with civil proceedings under the legal aid of the Korea Legal Aid Corporation.”

Reporter Yoon Seo-Young

Translated by Kim Tae-Yi