"Overdue wages" means that the employer does not pay wages to workers.
What is "overdue wages"?
- “Overdue wages" mean not giving wages, compensation, or any other money or valuables paid in exchange for work without the consent of the worker, in violation of the duty to liquidate money and goods or to pay wages. (Refer to Article 43-2(1), 「Labor Standards Act」)
W
hen the employer fails to pay wages, the employee may file an appeal or complaint to the competent local employment and labor office. Appeal or complaint to the competent local employment and labor office
- Employees may report to the Minister of Employment and Labor or a labor inspector if any violation of this act or presidential decree under this act occurs at a business or workplace. (Refer to Article 104(1), Article 106, 「Labor Standards Act」and Subparagraph 13, Article 59, 「Enforcement Decree of the Labor Standards Act」, and Articles 33 and 34, 「General Regulations for Labor Inspectors」)
How to apply
- You can file an appeal online at the 『Place For Civil Complaints』 on the website of the Ministry of Employment and Labor, or visit the customer support office of the local employment and labor office having jurisdiction over the location of your business site and file an appeal or complaint after consultation (source: Refer to the website of the Ministry of Employment and Labor's place for civil complaints - complaint information - complaint system guide - how to resolve unpaid wages).
Procedure
- The labor inspector designated to handle the complaint shall investigate the report, and if necessary for the investigation of the report, he may request the person concerned or other witnesses to attend. (Article 37(1) and (2), 「General Regulations for Labor Inspectors」).
· Complaints must be processed within 25 days from the date of receipt, and the processing period can be extended only once within the scope of the processing period (25 days). (Article 42(1) and (3), 「General Regulations for Labor Inspectors」).
· If the supervisor does not respond to the request for attendance more than twice to hear the reporter's statement, it will be deemed that the reporter has no intention of reporting and the internal investigation will be closed. (Subparagraph 1 of Article 40(5), 「General Regulations for Labor Inspectors」)
- When a labor inspector recognizes a crime or receives a complaint or accusation, he/she shall investigate the criminal and the crime and collect evidence related thereto. (Article 46(1), 「General Regulations for Labor Inspectors」)
· In case of complaint, accusation, or criminal recognition, the investigation must be completed and sent to the prosecution within 2 months from the date of receipt or recognition of the crime. (Article 42(1), 「General Regulations for Labor Inspectors」)