Understanding Your Rights: Probationary Periods and Fair Compensation
Have you ever started a new job only to be told that your pay would be reduced during the probationary period? It’s a common misconception that reduced pay during this time is standard practice. However, legally, this isn’t always the case. If you’ve been paid only 90% of the minimum wage during your probation, or if you’ve received a lower wage unjustifiably, this article is essential reading.
The Legal Framework: Are Probationary Period Wages Being Paid Correctly?
It’s not uncommon to see terms like ‘3-week probationary period, paid at 90% of minimum wage’ in employment contracts. Even if such conditions are included in your contract, they often don’t hold up legally. There are specific regulations that govern wage payments during probationary periods, and failing to meet these conditions means you should receive the full minimum wage.
Conditions for Wage Reduction During Probationary Periods
Legally, paying only 90% of the minimum wage during probation is highly restricted. First, the employee must have a permanent employment contract, with the anticipation of continued employment after the probation. Without these conditions, reducing wages during probation is illegal.
The probation period must not exceed three months, and the job should require specific training, unlike simple labor jobs. This exception applies primarily to office or technical positions.
No Exceptions for Simple Labor Jobs
Jobs in convenience stores, cafes, restaurants, supermarkets, and gas stations typically involve simple labor. In these fields, even during probation, paying less than the minimum wage is a clear violation of the law. Short-term contracts or part-time work are also not eligible for wage reduction during probation. The exceptions for wage reduction are strictly for permanent employees, and part-time workers have the right to receive full minimum wage even during probation.
Employer Obligations: Complying with Legal Standards
Even if an employer specifies wage reductions during probation in the employment contract, such clauses are invalid unless all legal conditions are met. The law states that if an employer pays less than the minimum wage, they can face up to two years in prison or a fine of up to 20 million won (approximately $17,000 USD).
If you receive a termination notice right after your probation and your wages were below the minimum, this is considered unfair treatment, and you can report it to the labor office for redress.
Steps to Take Against Unfair Wages
If you find yourself being paid less than minimum wage during probation without meeting the necessary conditions, you need to take action. Start by explaining the relevant legal provisions to your employer and request a wage adjustment. You might say, “According to the minimum wage law, I should receive the full minimum wage during probation as a non-permanent employee. Could you please adjust the difference?”
If your employer refuses or ignores your request, you can file a complaint with the Department of Labor by contacting their helpline or submitting a form online.
Gathering Evidence: Essential Documentation
Before submitting a complaint, ensure you collect the following documents:
- Employment contract
- Pay or wage statements
- Bank deposit records
- Communication records (messages or emails discussing wages or probation)
These documents are crucial for proving unfair treatment and are used by labor offices to make informed decisions.
Conclusion: Upholding Your Rights
Receiving less than the minimum wage during probation isn’t just a financial loss—it’s a legal violation, and you’re entitled to seek correction. It’s particularly important for part-time workers, young employees, and those new to the workforce to be informed about their rights and the legal standards. If you suspect you’re missing out on wages due to probation, it’s time to take action. The law is on your side.