Once the hiring decision is made, many HR teams treat the file as being closed: what happens to the applicants’ documents. The law splits an employer's post-decision paperwork obligations into three separate tracks — one for applicants who were not hired, one for the records of those who
Hiring in Korea is rarely a single signature on one page. Instead, several documents typically pass across the table when an employee joins, and each one does a different job. Knowing them keeps the onboarding process compliant. This is a high-level map of the documents most employers should have
In Korea, the difference between an officer and an employee must be noted. Basically, it determines which set of protective rules governs the end of the relationship. It is not so safe to assume that a “director” or “VP” automatically sits outside labor law. The starting principle: a mandate, not
Many employers in Korea treat the probationary period as a no-risk trial: if the new hire does not work out, the company simply consider declining to make the hire permanent. But under Korean law, declining to confirm a probationary employee would constitute a dismissal, not a passive non-renewal.
You've found the right candidate, extended an offer, and received their acceptance. Then something happens: a hiring freeze, a failed background check, a reference that raises concerns. Can you withdraw the offer? In Korea, the answer is not simple. Korean courts treat an accepted job offer not as
Hiring someone new always carries uncertainty. Korean labor law acknowledges this reality by permitting a probationary period — a defined window during which both the employer and the new hire can assess fit before the employment relationship becomes fully established. But it should be noted that “probationary" does not mean
One of the most common misunderstandings I encounter, from both HR teams at foreign-invested companies and individual foreign nationals working in Korea, sounds something like this: "Our employment contract is governed by the laws of our home country, so Korean labor law doesn't really apply to
A teacher accepts a position at a language institute in Seoul. The school emails over a one-page "offer letter": job title, monthly salary, start date, a line about housing, a friendly note welcoming them aboard. They sign it, book a flight, and arrive expecting that document to
In our previous installment, we broke down the requirements for drafting a lawful employment contract under Korean law. You might assume that as long as individual contracts are signed, your workplace compliance is covered. However, under the Labor Standards Act (‘LSA’), reaching a specific team size triggers an entirely new
(Korea Hiring Law Series — Part 4 of the Hiring Chapter) In our previous installment, we explored the regulatory boundaries governing background and reference checks in Korea. Now, the next step is the employment contract after the company has finally decided the candidate to hire. For many global HR professionals, the
(Korea Hiring Law Series — Part 3 of the Hiring Chapter) In our previous installment, we took a look at the issues regarding interview questions under Korean law perspective. Next, vetting candidates thoroughly before making a formal offer is a standard risk-mitigation practice for multinational companies. In many Western business
(Korea Hiring Law Series — Part 2 of the Hiring Chapter) In our previous installment, we explored the rigid legal framework governing job advertisements and application forms in South Korea. But let's assume your local recruitment drive is going well: your candidate intake forms have been scrubbed of prohibited