My employer is not paying my salary. What should I do?

Information for foreign workers on requesting unpaid wages or reporting labor law violations in Korea, including required documents and submission procedures.
Jun 05, 2024
My employer is not paying my salary. What should I do?
Workers who have not received their wages can either request payment of overdue wages (complaint/진정) or demand that the employer be punished for violating the Labor Standards Act (accusation/고소).

What to Prepare

  1. Secure as Much Evidence as Possible Related to Unpaid Wages
  • Evidence related to unpaid wages, severance pay, allowances, etc.
    • Basic documents: Employment contract, payslips, bank statements for salary deposits (issued by the bank), certificate of enrollment in the 4 major social insurances (issued by the Government24 and the 4 Social Insurance Information System), wage arrears confirmation issued by the employer, and for construction workers, a daily wage statement.
    • In the case of unpaid severance pay: Documents verifying the period of employment (e.g., certificate of enrollment in the 4 major social insurances), payslips for the last 3 months before resignation (gross amount before tax deduction), severance calculation statement issued by the employer, and for employees enrolled in a Defined Contribution (DC) pension plan, contribution payment records (issued by the pension provider).
    • In the case of unpaid overtime, night work, or holiday allowances: Records that can confirm extended, night, or holiday work (e.g., attendance records).
    • In the case of unpaid annual leave allowance: Records of annual leave accrued and used (e.g., annual leave logs, vacation requests).
    • In the case of unpaid severance notice allowance: Termination notice or related communication, such as text messages or voice recordings.
  • Evidence related to complaints other than unpaid wages:
    • Employment contract, certificate of enrollment in the 4 major social insurances (issued by Government24 and the 4 Social Insurance Information Link Center), and other documents supporting the complaint.
      • ※ Although a complaint can be filed without supporting documents, having more evidence can facilitate smoother case processing.
  1. Gather Information About the Employer (Respondent)
  • Employer’s name, employer’s mobile phone number, company address based on the actual work location, company phone number, number of employees, etc.

How to apply

You can submit a wage arrears complaint online through the "Labor Portal" website or visit the Customer Support Center at the employment and labor office that has jurisdiction over the workplace after a prior consultation.

Processing procedure

  • A labor inspector will summon both the complainant and the respondent and conduct an investigation.
    • The processing period is 25 days (excluding Saturdays and public holidays), with the possibility of extension up to two times.
    • If the complainant fails to appear more than twice, it is considered as a withdrawal of the complaint, and the case will be closed (a new complaint can be filed later).
  • If a violation of the law, such as unpaid wages, is confirmed through the labor inspector's investigation, the employer is given a correction order. → If the violation is corrected, the case will be closed.
  • If the employer does not comply with the correction order, a criminal investigation may be initiated, and the case can be referred to the prosecution.
    • Employers who fail to pay wages can face up to 3 years in prison or a fine of up to 30 million KRW.
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