I. Legal basis

Labor Code 2019, an employer and an employee may include the contents of the probation in the employment contract or enter into a separate probation contract.

II. Contents of probation contract

• Name and address of the employer and full name and title of the person signing the labor contract on the employer’s side;
• Full name, date of birth, gender, place of residence, ID card number, or passport of the person signing the labor contract on the employee’s side;
• Job and workplace
• Probationary period
• Salary according to job or position, form of salary payment, salary payment period, salary allowances and other supplements;
• Working hours, rest hours;
• Labor protection equipment for employees;

Probationary period is not applicable to employees signing labor contracts with a term of less than 01 month.

III. Probationary period

The probationary period shall be negotiated by the parties on the basis of the nature and complexity of the job. Only one probationary period is allowed for a job and the probation shall not exceed:

• 180 days for the position of enterprise executive prescribed by Law;
• 60 days for positions that require a junior college degree or above;
• 30 days for positions that require a secondary vocational certificate, professional secondary school; positions of or for technicians, and skilled employees;
• 06 working days for other jobs.

IV. Probationary salary

The probationary salary shall be negotiated by both parties and shall not be lower than 85% of the offered salary.

V. Termination of probationary period

Upon the expiry of the probationary period, the employer shall inform the employee of the probation result.

• If the result is satisfactory, the employer shall keep implementing the concluded employment contract, if there is one, or conclude the employment contract.
• If the result is not satisfactory, the employer may terminate the concluded employment contract or the probation contract.

During the probationary period, either party has the right to terminate the concluded probation contract or employment contract without prior notice and compensation obligation.

VI. About Us, Hankuk Law Firm

■ Hankuk Law Firm – Introduction

The goal of the legal services provided by HANKUK LAW FIRM is to support businesses, investors, and people. Our organization employs skilled Korean lawyers, partners, and professionals to provide legal services to businesses related to corporations and litigation.

To support the startup process, our lawyers and staff provide a wide range of services, including business law consulting, tax and immigration law consulting, real estate services, business consulting, marketing and communications, human resources, product distribution, franchise options, etc. We provide expert advice on every aspect of your business needs.

To protect the legitimate rights and interests of our clients and achieve the best results, we provide legal advice and participate in civil lawsuits related to business, labor, marriage, family, and inheritance.

■ Contact us now

For reliable and effective legal advice, please contact HANKUK LAW FIRM now. We are committed to providing you with the best possible answers and our team of experienced lawyers has extensive knowledge in many legal fields. We are always here to provide the most competent and dedicated support, whether you are dealing with contractual issues, commercial disputes or need guidance on foreign investment. HANKUK LAW FIRM is honored to have assisted hundreds of domestic and international clients in skillfully resolving complex legal issues as their trusted legal partner. Do not let legal issues hinder your success. Let us accompany you towards legal achievement and comfort. For prompt guidance and support to ensure your rights are always maintained at the highest standards, contact HANKUK LAW FIRM now.

■ Contact Hankuk Law Firm

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