I. Legal basis 

• Labor Standards Act 2012
• Minimum Wage Act 2018
• Immigration Act 2014

II. Regulations on the protection and rights of foreign seasonal workers

1. Execution and transparency of employment contracts

Prior to the commencement of employment, the employer shall execute a written labor contract with the foreign worker, clearly specifying the following:

• Wage levels and the schedule for wage payment;
• Working hours and rest periods;
• Accommodation and meal conditions, as well as coverage under industrial accident compensation insurance and health insurance.

These provisions ensure contractual transparency, reduce the risk of disputes between the employee and the employer, and are consistent with the requirements of the Labor Standards Act.

2. Right to receive the statutory minimum wage:

The wages of foreign seasonal workers shall not be lower than the statutory minimum hourly wage prescribed by the Government of Korea. This rate is reviewed and adjusted annually by the Minimum Wage Commission to reflect prevailing socio-economic conditions.

3. Working hours, overtime, and statutory rest periods

The law stipulates that an employee may work a maximum of forty (40) hours per week and eight (08) hours per day, with up to twelve (12) hours of overtime per week where an agreement is in place. Mandatory rest periods during working hours are also guaranteed in order to safeguard the worker’s health and safety.

4. Occupational safety, hygiene, and compensation for work-related accidents

The employer shall ensure a safe working environment, provide appropriate protective equipment, and conduct occupational safety training. Any worker who sustains an injury in the course of employment shall be entitled to statutory accident compensation or medical treatment in accordance with applicable laws.

5. Protection against coercion, retention of personal documents, and exploitation

Practices such as the retention of passports or residence cards, the imposition of excessive working hours, or unlawful wage deductions are strictly prohibited. Workers are entitled to file complaints through labor inspection authorities or foreign worker support centers. These protections are grounded in the principles of labor rights safeguarded under the Immigration Control Act and other legal instruments governing foreign labor in Korea.

III. Strengthening policies to support foreign workers (2025)

To address labor shortages in the agricultural and service sectors, in 2025 the Government of Korea established an Inter-Agency Task Force for the Comprehensive Support of Foreign Workers to oversee the implementation of rights and protections for foreign employees. This body works in coordination with labor authorities and local governments to review and monitor policies supporting foreign workers, from their entry into the country through their employment and the resolution of any arising grievances.

IV. Conclusion

The refinement of the legal framework and the strengthening of enforcement mechanisms for the protection of foreign seasonal workers’ rights in Korea not only ensures that such workers are treated fairly and transparently within the employment relationship, but also helps meet the demand for seasonal labor in the agricultural and service sectors, which are heavily reliant on migrant labor. This approach aligns with international labor standards and enhances the long-term sustainability of Korea’s labor market in the context of an aging population and intensifying global competition for human resources.

V. About NYLA – Korean Legal Office

■ NYLA – Your Trusted Legal Partner in Korea

At NYLA, we understand that the success of foreign businesses in Korea requires not only a solid business strategy but also reliable legal support. With a team of experienced Korean attorneys and legal professionals, NYLA provides tailored legal services for companies, investors, and individuals operating or planning to establish a presence in Korea.

We support our clients throughout the entire business journey with comprehensive services, including:

• Legal consultation on company establishment, taxation, and immigration;
• Advice on commercial real estate, franchising, and product distribution;
• Support in human resources, marketing, and business strategy.

In addition to legal advisory, NYLA also represents clients in civil litigation cases related to business, labor, marriage, family, and inheritance to ensure their rights and interests are fully protected.

■ Contact NYLA

If you’re a foreign business or individual looking for a reliable legal partner in Korea, NYLA is here to help. We are committed to delivering effective, practical, and personalized legal solutions for every client.

With a proven track record of assisting hundreds of international clients, our team is equipped to help you navigate complex legal challenges—whether it’s commercial disputes, contract issues, or foreign investment guidance.

Don’t let legal matters hold you back. Let NYLA be your trusted guide in the Korean market.

■ Get in touch with NYLA for expert legal support

Website: https://nylakoreanlegal.com/ FB: https://www.facebook.com/nyla.koreanlegal  Tiktok: https://www.tiktok.com/@nylakoreanlegal  Youtube: https://www.youtube.com/@NYLA-xd8qx Email:  info.NYLAkoreanlegal@gmail.com   SĐT: +82 10-3415-7859