Your First 90 Days at a Korean Company: Contracts, Probation, and What to Watch For (2026)

You signed the contract. You start Monday. The next 90 days involve three parallel tracks running at the same time: administrative tasks with hard deadlines, a probation period with specific legal rules, and visa status that may still be processing. Missing one track has consequences on the others.

This guide walks through each track in the order you will encounter it, from before Day 1 to Day 90 and what comes next.

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1. The 90-Day Risk Frame

The first 90 days of employment at a Korean company are the highest-risk window of the entire employment relationship. Three things are happening simultaneously.

Track 1: Administrative. Your employer must enroll you in 4대보험 (sadae-boheom, the four major insurances) within 14 days. You must apply for your Alien Registration Card (외국인등록증, oegugin deungnokjeung) within 90 days of arrival. You need a Korean bank account, an address registered with HR, and a local phone number. Each of these has a deadline.

Track 2: Probation. Most Korean companies run a 수습기간 (su-seup gi-gan, probation period) of 3 months. During this period, your employer does not need to give you 30 days notice to terminate you. They do still need a legitimate reason to terminate you. A September 5, 2025 Seoul Administrative Court ruling (case 2024guhap82817) made this explicit: a worker with only 16 hours of work history was reinstated after unfair dismissal, because "insufficient time to evaluate performance" is not just cause. Probation is employment, not an arbitrary evaluation window.

Track 3: Visa. If your visa was changed in-country, that process may still be pending when you start. If you are an E-7 holder, your employer filed a status change application that typically takes 4-8 weeks. If you are terminated while that is processing, your options depend on your specific occupation code.

Your salary may also be at a reduced rate during probation. The rules around this are specific and commonly misunderstood. Section 2 explains the distinction.

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2. Verifying the Contract Before You Start

Korean law requires employers to give you a written 근로계약서 (geunro gyeyak-seo, employment contract) at the time of hire and to deliver a signed copy to you (Labor Standards Act Article 17). Read the full contract before signing. If yours is in Korean, have it translated before Day 1.

When Korean and English versions of the same contract both exist, the language supremacy clause determines which governs. Korean employers typically insert a clause specifying that the Korean version prevails. Assume Korean governs unless the contract explicitly states otherwise in writing.

12-item contract checklist:

1. Base salary (기본급, gibon-geup): Exact monthly KRW amount. This is the number used to calculate severance, overtime pay, and your pension base. See korea-salary-foreign-workers for benchmark data.

2. Annual structure: Is the contract for 12, 13, or 14 months? Are bonuses guaranteed or discretionary? A guaranteed 13th-month payment (상여금, sang-yeo-geum) is different from a discretionary year-end bonus.

3. Allowances (수당, su-dang) listed separately: Common examples are 식대 (meal allowance, up to 200,000 KRW/month is tax-exempt), 교통비 (transport allowance), and 통신비 (communication allowance). These do not count toward severance or pension contributions.

4. Probation duration and pay rate: The period must be stated in the contract. If a pay reduction is specified, note whether it says "90% of agreed base salary" (a contractual term) or says nothing. Under the Minimum Wage Act, employers may pay 90% of the statutory minimum wage during probation for 1-year-or-longer contracts where the job is not simple labour. This reduction applies to the statutory minimum, not necessarily to your agreed base. For workers earning well above minimum wage, the practical difference is small. For workers near minimum wage, it matters.

5. Severance method: Korean law allows three methods: reserve fund (employer holds funds), DC형 퇴직연금 (DC retirement pension, individual account), or DB형 퇴직연금 (DB pension, employer managed). Confirm the method in writing within 30 days of starting.

6. Working hours: The contract may not purport to waive the 52-hour weekly cap. 40 regular hours plus up to 12 overtime hours is the legal maximum (LSA Articles 50 and 53).

7. Annual leave (연차, yeon-cha): Should state 1 day per completed month in Year 1, 15 days from Year 2. Confirm the unused leave payout policy.

8. Termination notice: 30 days notice required after probation. Waived during the first 3 months.

9. Visa sponsorship: Confirm in writing that the employer covers visa filing and attorney fees. For E-7: confirm your occupation code matches your actual role. The 2026 minimum salary for E-7-1 is 31,120,000 KRW per year (as of 2026; verify at hikorea.go.kr).

10. Non-compete clause (경업금지): Check duration, geographic scope, and whether compensation is paid for the restriction. Korean courts require compensation to enforce non-competes and generally treat anything over 1 year as difficult to uphold (as of 2023 case law; verify at IPG Legal source cited below). Negotiate if the scope is broad.

11. Governing language: Which version governs in case of conflict. Typically Korean.

12. Dates: Signing date and effective start date should align with your visa timeline and actual first day of work.

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3. The 14-Day Administrative Window

Your employer, not you, enrolls you in 4대보험 (sadae-boheom). But you are responsible for verifying it happened. The legal deadline is 14 days from your hire date (as of 2026; verify against current NHIS and NPS regulations).

2026 employee contribution rates (verify at koreantaxexpert.com before filing):

• National Pension (NPS): 4.75% of standard monthly income
• National Health Insurance (NHIS): 3.595%
• Long-term care insurance: approximately 0.47% (13.14% of the NHIS premium)
• Employment Insurance: 0.9%
• Total: approximately 9.7% before income tax

Allow 3-4 weeks after your start date before checking, then verify at nhis.or.kr (English portal available) or call 1577-1000. For NPS, check nps.or.kr or call 1355.

If deductions do not appear on your second paycheck, contact HR in writing. Escalate to MOEL at 1350 (press 7 for English) within 5 business days if there is no resolution.

See nhis-enrollment-guide for the full verification process.

If you are on an E-9 EPS visa: Your employer has an additional obligation. They must enroll you in 출국만기보험 (chulguk mang-gi boheom, Departure Guarantee Insurance) within 15 days of your labor contract effective date (as of 2026; verify at MOEL FAQ cited in sources).

Week 1 and Week 2 tasks:

• Apply for your Alien Registration Card (외국인등록증) at your local immigration office. The deadline is 90 days from arrival, but apply in Week 1 or 2 to avoid complications with bank accounts and other services. Bring your passport, employment contract, address proof, 2 passport photos, and 35,000 KRW. The mobile ARC via the MoID app is legally valid since January 2025.
• Open a Korean bank account. KB Kookmin, Shinhan, and Woori branches in major cities have English-speaking staff. Some branches accept an ARC application receipt before the card arrives. Call ahead.
• Give your Korean address to HR. Payroll tax registration requires it.
• Get a prepaid SIM for Week 1. Switch to a post-paid plan once your ARC card is in hand.

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4. Your Probation Rights: What Korean Law Actually Says

The 30-day notice exemption (LSA Article 26 proviso, relocated from Article 35 in the January 15, 2019 amendment) is real. During the first 3 months, your employer can end your employment without giving you 30 days warning. This does not mean they can fire you for any reason or no reason. Older guides on the web may still cite Article 35; the current article number is 26.

Just cause (정당한 이유, jeong-dang-han i-yu) is still required. The September 2025 Seoul Administrative Court ruling is the clearest recent statement of this principle. The court reinstated a worker dismissed after 16 hours over 4 days, ruling that the employer had not given the worker enough time or opportunity to demonstrate their capabilities. "Not enough time to evaluate" is not just cause.

Other probation rights:

• Written dismissal notice is required. If you are dismissed, your employer must give you written notice stating the reason (LSA Article 27). Verbal termination does not meet the legal standard.

• Probation cannot be extended unilaterally. If your contract states a 3-month probation, your employer cannot extend it to 4 months without your written agreement.

• Probation is not a trial period that excludes you from standard employment rights. Annual leave accrues from Day 1. You have 3 accrued days after completing 3 months.

• Probation typically ends automatically. Most Korean companies do not conduct a formal end-of-probation review. You continue working and your full salary resumes on the date specified in your contract. Confirm this explicitly with HR if your contract is ambiguous.

By employer type:

• Large conglomerates (chaebols): HR processes are formal and documented. Written reviews are more common.
• Korean tech companies: 3-month probation is standard. Written confirmation is increasingly common.
• Multinational companies (MNCs): Most formal documentation. Written probation completion notice typical.
• Hagwons (English academies, E-2 visa): Highest-risk category. Watch for the "11-month non-renewal" pattern used to avoid severance obligations. See hagwon-contract-red-flags before signing.

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5. Visa Filing in the First Weeks

Core labor rights apply to all visa categories: 4대보험, annual leave, severance, and just cause for dismissal. Visa status affects what happens if you are dismissed. Here is the breakdown by visa type.

If you are on an E-7 visa:

Your employer filed an in-country status change application (체류자격 변경, che-ryu ja-gyeok byeon-gyeong). Processing typically takes 4-8 weeks. You may legally begin work once the application has been submitted and you have a receipt.

If you are dismissed while the application is still processing, contact HiKorea at 1345 immediately. Your options depend on your occupation code and the reason for termination. There is no confirmed grace period for E-7 holders under Korean immigration law.

If you leave the job after the status change is complete, your next steps depend on your occupation code category:

• Post-reporting occupation codes: You may remain in Korea. Notify immigration within 15 days of leaving. Your new employer files a new E-7 application domestically.
• Prior-approval occupation codes (19 specific codes): If termination was due to your own fault, you may not be able to change employers domestically without a consent letter from the original employer. Depending on your situation, you may need to depart Korea and reapply. Verify the current list of prior-approval codes at hikorea.go.kr.

See non-teaching-jobs-korea for context on E-7 occupation categories and job pathways.

If you are on an E-2 visa:

You typically arrived with your visa stamped. Apply for your ARC within 90 days. If you are dismissed, you must either find a new employer to sponsor a new E-2 or change your visa status. Contact HiKorea at 1345 for options.

If you are on an F-series visa (F-2, F-4, F-5, F-6):

No employer-specific filing is required. You can begin work immediately and change employers freely. A job change or termination has no visa impact.

If you are on an E-9 EPS visa:

Your visa and work registration were set before arrival. Your employer change rights are governed by EPS rules, which are more restrictive than other visa categories. Employer changes are permitted for involuntary termination reasons: business closure, contract violations, or wage arrears that are the employer's fault. Changes for personal-fault termination are more restricted.

A reform proposal reported in January 2026 would allow E-9 workers to change employers after 1-2 years of service. As of publication this had not been finalized. Check eps.go.kr for the current rules.

See e9-worker-rights for the full breakdown.

ARC deadline for all visa types: 90 days from arrival. Do not wait. Week 1 or 2 is the right time.

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6. What to Watch For in Your First Paycheck

Your first paycheck arrives at Day 28-31 for most companies. Check every line item against your contract.

Line-by-line verification:

1. Base salary (기본급): Should match your contract amount exactly. If probation reduction applies, confirm the percentage matches what is written in your contract. Do not accept a verbal explanation for a discrepancy.

2. Allowances (수당): Each line item (식대, 교통비, 통신비) should match the contract amounts.

3. 4대보험 deductions: These may not appear on your first paycheck if you started late in the month. They should appear on your second. Rates: NPS approximately 4.75%, NHIS approximately 3.595%, long-term care approximately 0.47%, Employment Insurance 0.9%. If these are absent after your second paycheck, escalate immediately.

4. Income tax (원천징수, won-cheon jing-su): Should be withheld each month. If you elected the flat 19% rate, confirm that rate is being applied. If you are on the progressive rate (6-45%), the amount is calculated using the NTS simplified withholding table based on your salary and declared dependents. See korea-foreign-resident-tax-guide for details on the flat 19% election (available to workers starting by December 31, 2026; as of 2026).

5. First-month pro-ration: If you started mid-month, your first paycheck will be smaller. This is standard. Calculate what you expect: (daily rate) x (days worked) should match.

6. Total deductions: Add up all deductions. The 4대보험 contributions plus income tax should account for most of what is withheld. Any additional deductions require an explanation in writing.

A detailed payslip line-by-line breakdown is covered in the upcoming korean-payslip-guide (not yet published).

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7. Workplace Red Flags During Probation

Some things that happen during probation are illegal. Some are uncomfortable but legal. The distinction matters for how you respond.

Illegal: report immediately

• Wages withheld or paid more than 7 days late. This is a direct LSA violation. Contact MOEL at 1350 (press 7 for English) or the foreign worker counseling hotline at 1577-0071.

• Passport or ARC confiscation. Illegal under Korean law. Contact immigration at 1345 or MOEL at 1350. This practice has been documented at E-9 worksites in the US State Department 2025 Trafficking in Persons Report.

• Overtime beyond the 52-hour weekly cap without overtime pay. The cap cannot be waived by agreement. The employer faces criminal penalties for violations.

• No 4대보험 enrollment after 14 days. Contact MOEL at 1350 or NHIS at 1577-1000.

Red flags: document and address in writing

• Verbal promises not followed up in writing. After any conversation about a post-probation raise, role change, or bonus, send an email: "Following our conversation today, I understood that [specific promise]. Please confirm." This creates a record without being confrontational.

• Unilateral probation extension. If your contract states 3 months, your employer cannot extend it without your written agreement.

• Pressure to sign a revised contract with worse terms after you have already started. You are not required to sign. Seek advice from MOEL or a labor attorney before agreeing.

• Classification as a freelancer (프리랜서) instead of an employee. This eliminates 4대보험, annual leave, and severance entitlements. If you are working fixed hours at a fixed location for one employer, you may be misclassified. Contact MOEL.

• Salary below the E-7-1 minimum of 31,120,000 KRW per year (as of 2026; verify at hikorea.go.kr). An E-7 visa cannot legally be maintained below this threshold.

Additional red flags for E-9 EPS workers:

• No Departure Guarantee Insurance enrollment within 15 days.
• Assignment to a different company, location, role, or industry sector than specified in your EPS-registered contract without prior approval.
• Being told you cannot contact the EPS Center or the labor hotline.

See e9-worker-rights for the full list of E-9-specific protections.

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8. If You Are Dismissed During Probation

Act methodically. The steps below protect your legal position.

Step 1: Request written dismissal notice. Under LSA Article 27, your employer must provide written notice stating the reason for dismissal. Send an email to HR: "Please provide the 해고통보서 (hae-go tongbo-seo, written dismissal notice) with the stated reason as required under the Labor Standards Act."

Step 2: If no written notice is provided, continue appearing for work. Without a compliant written notice, the dismissal may not be legally complete under many interpretations. Document each day you show up. Do not stop coming in without legal advice.

Step 3: Gather documentation immediately. Collect your employment contract, all payslips, all written communications with HR and management, 4대보험 enrollment records, and any performance reviews. Save everything to personal accounts only, not company systems.

Step 4: File a complaint. File with the local Labor Relations Commission (지방노동위원회, ji-bang no-dong wi-won-hoe) within 3 months of the dismissal date. Find your regional office at nlrc.go.kr. A hearing typically occurs within 60 days. Remedies include reinstatement or monetary compensation. This applies to companies with 5 or more employees.

If you are on an E-7 visa: Contact HiKorea at 1345 immediately after dismissal. Ask about your options based on your occupation code and the circumstances of the termination. Do not let your ARC validity expire while you wait.

If you are on an E-9 EPS visa: Contact the EPS Center immediately. If termination was due to employer fault (business closure, contract violation, wage arrears), you are eligible for an employer change.

Unemployment benefits: E-7 holders enrolled in Employment Insurance may qualify for unemployment benefits if they have a minimum contribution history (typically 180 days; verify the exact insured period requirement at keis.or.kr or by calling MOEL at 1350).

See korea-severance-pay-guide for what you are owed at termination including accrued unused leave.

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9. The Day 90 Milestone

Day 91 is the first day of a meaningfully different legal situation. Here is what changes and what does not.

What changes at Day 91:

• The 30-day termination notice requirement now applies. Your employer must give you 30 days notice (or pay in lieu) before any dismissal.
• You have completed 3 months toward the 1-year severance vesting period.
• If your contract specified a probation salary reduction, confirm in writing that your full base salary is restored on the next paycheck.
• You have 3 days of accrued annual leave (1 per completed month).
• For most E-7 in-country status changes: the new ARC should be finalized by this point.

What does not change at Day 91:

• Severance pay does not vest until you complete 1 full year of continuous service.
• 15-day annual leave entitlement does not begin until Year 2.
• No automatic salary review occurs unless your contract specifies one.

Actions to take at Day 90:

• Request written confirmation from HR that your probation is complete and your employment continues.
• Confirm that your next paycheck reflects your full contracted base salary.
• Schedule a meeting with your manager. Document year-1 goals, a salary review timeline, and any verbal commitments. Follow up with an email summary.

Your next milestones:

• Day 180: 6 days of annual leave accrued.
• Day 365: Severance vests. Year-2 annual leave (15 days) begins. Full termination notice protections apply. Review your contract, salary, and role at this point.

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10. Week-by-Week Checklist

Use this from the day you sign through the end of your first 90 days.

Before Day 1

• Read the full 근로계약서 before signing
• Verify base salary (기본급) separately from allowances and bonuses
• Confirm annual structure: 12-month, 13-month, or 14-month
• Check probation duration and pay rate are explicitly written
• Confirm severance method: reserve fund, DC pension, or DB pension
• If you are on E-7: confirm occupation code matches your actual role and salary meets the 31,120,000 KRW/year floor (as of 2026)
• Confirm employer covers visa filing and attorney fees in writing
• Review non-compete clause: duration, scope, compensation. Negotiate if over 1 year
• Note which language version governs (typically Korean)
• Confirm signing date and effective date align with your visa timeline and first day

Week 1 (Days 1-7)

• Sign contract and receive your signed copy from the employer
• Give your Korean address to HR
• Get a prepaid Korean SIM
• File ARC application at local immigration: passport, contract, address proof, 2 photos, 35,000 KRW
• Confirm with HR that 4대보험 enrollment has been initiated (deadline: Day 14)
• If on E-9: confirm Departure Guarantee Insurance enrollment (deadline: Day 15)

Week 2 (Days 8-14)

• Get written confirmation from HR of 4대보험 enrollment date
• Open a Korean bank account
• Provide bank account number to HR for payroll
• Update immigration if your address has changed since ARC filing
• Schedule any entry health checkup your employer requires (mandatory in food/sanitation industries; check with HR for your role)

Week 4 (Days 28-31, first paycheck)

• Verify base salary: 100% or the contracted probation percentage
• Verify 4대보험 deductions appear (or confirm with HR why they are absent)
• Verify income tax withholding is present and correct
• Verify each allowance matches the contract
• Check that first-month pro-ration math is correct
• If 4대보험 is absent: contact HR in writing. Escalate to MOEL at 1350 by Day 35

Month 2 (Days 31-60)

• Schedule a mid-probation check-in with your manager
• After any verbal promises: send a follow-up email immediately
• Verify NHIS card has been issued; create an account at nhis.or.kr
• Create an NPS account at nps.or.kr
• If on E-7: follow up with HR on immigration processing status

Month 3 (Days 60-90)

• Request an end-of-probation conversation with your manager
• Confirm E-7 ARC has been updated if you completed an in-country status change
• Research salary benchmarks for your Year 1 review conversation. See korea-salary-foreign-workers
• If on E-9: review your EPS contract and understand the renewal timeline

Day 90 and after

• Obtain written confirmation that probation is complete and employment continues
• Confirm full base salary restored on next paycheck
• Note: 30-day termination notice now applies to you
• Document Year 1 goals and salary review timeline in writing
• Mark your calendar for Day 365: severance vests and Year 2 leave begins

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FAQ

Can a Korean employer fire me during probation without warning?

An employer can terminate you during the first 3 months without the usual 30-day notice (LSA Article 26 proviso, relocated from Article 35 in the January 15, 2019 amendment). However, they still need just cause. A September 2025 Seoul Administrative Court ruling confirmed that probation does not give employers the right to dismiss without a legitimate reason.

Is my probation salary legally allowed to be lower than my agreed base salary?

It depends on your contract. Under the Minimum Wage Act, employers may pay 90% of the statutory minimum wage during probation, but only for contracts of 1 year or longer and only when the job is not classified as simple labour. Your contract may separately state "90% of agreed base salary", which is also legal. These are two different things. If your contract does not specify a probation reduction, you are entitled to your full agreed salary.

When must my employer enroll me in 4대보험?

Within 14 days of your hire date. You do not enroll yourself. Your employer files on your behalf. Check that deductions appear on your second paycheck. If they do not, contact HR in writing and escalate to MOEL at 1350 (press 7 for English) if there is no response within 5 business days.

I am on an E-7 visa and I was just terminated. What happens to my visa status?

Contact HiKorea at 1345 immediately. Your options depend on your occupation code and whether the termination was due to employer fault or your own fault. Do not let your ARC validity lapse while you wait. There is no confirmed grace period for E-7 holders under Korean immigration law.

Does annual leave start accruing from Day 1 or after probation?

From Day 1. You earn 1 paid day of annual leave per completed month in your first year. If you complete 3 months of probation, you have already earned 3 days of leave. If you are terminated before 1 year, unused accrued days should be paid out.

What is the maximum I can be asked to work in a week?

52 hours per week: 40 regular hours plus up to 12 overtime hours. This is a legal cap under LSA Article 53. No employment agreement can waive this limit. Violations carry penalties of up to 2 years in prison or a 10 million KRW fine for the employer.

My employer has not given me a written contract. Is that legal?

No. Under LSA Article 17, employers must provide a written employment contract at hire and deliver a signed copy to the employee. If you have started work without a written contract, request one in writing immediately. Keep records of the request.

When does severance pay vest?

After 1 full year of continuous service. If you are dismissed during probation or leave before your 1-year anniversary, you are not entitled to severance. The minimum severance amount is one month's average wage per completed year.

Can my employer confiscate my passport or ARC card?

No. Passport and ARC confiscation is illegal under Korean law. Report it to immigration at 1345 or MOEL at 1350 immediately. This is documented as a workplace abuse pattern at some E-9 worksites.

What is the flat 19% income tax option for foreign workers?

Foreign workers can elect to pay a flat 19% income tax rate on Korean employment income instead of the standard progressive rates of 6-45%. This election must be made actively. It is available to workers starting employment by December 31, 2026. See korea-foreign-resident-tax-guide for details.