The conclusion of employment contracts
The concept of employment contracts
- An “employment contract” means a contract that is entered into for the purpose of an employee offering work for which the employer pays wages (subparagraph 4 of Article 2(1) of the Labor Standards Act).
Standards for working conditions
- The working conditions provided for in the Labor Standards Act are the minimum standards the parties in an employment relationship may not use as a pretext to lower working conditions (Article 3 of the Labor Standards Act).
Partial invalidity of employment contracts
- An employment contract prescribing working conditions that do not meet the standards of the Labor Standards Act is null and void to that extent, and the parts that are nullified in this way are governed by the standards prescribed in the Act (Article 15 of the Labor Standards Act).
Written statement of working conditions
Written statement of working conditions
- All of the following matters must be stated in writing when an employer concludes an employment contract with a fixed-term employee (the main body of Article 17 of the Act on the Protection of Fixed-Term and Part-Time Employees):
· The employment contract period
· Work hours and recess
· Components, methods of calculation, and payment methods of wages
· Holidays and leave
· Place of work and duties to perform
※ Employers who regularly employ four or fewer employees must state all of the following matters in writing when concluding an employment contract with fixed-term employees (Article 3(2) of the Act on the Protection of Fixed-Term and Part-Time Employees; Article 2 and Attached Table 1 of the Enforcement Decree of the Act on the Protection of Fixed-Term and Part-Time Employees):
·The employment contract period
·Recess
·Components, methods of calculation, and payment methods of wages
·Holidays
·Place of work and duties to perform
·Working days and work hours per working day
Wages
The concept of wages
- Wages are wages, salary, and any other kinds of money or valuables, regardless of their title, that an employer pays to an employee as remuneration for work (subparagraph 5 of Article 2(1) of the Labor Standards Act).