Changes to Minimum Wage and Wage Standards in 2026
One of the most important aspects of the Labor Standards Act is the minimum wage. The 2026 minimum wage is set on an hourly basis and applies as a legal standard to all workplaces. Paying wages below the minimum wage is illegal, so employees must verify that their salary meets or exceeds the minimum wage threshold. The Labor Standards Act also establishes clear rules regarding wage payment: wages must be paid regularly at least once per month, and the payment date must be predetermined. Employers can face penalties for wage delays. It's also important to determine whether bonuses, incentive pay, annual leave allowances, and similar payments are considered wages—this is determined based on what is specified in company regulations or employment contracts.
Complete Guide to Working Hour Limits and Rest Rights
The Labor Standards Act strictly limits working hours to protect workers' health and rest. Legal working hours cannot exceed 40 hours per week, and workers must be guaranteed at least one rest day per week (typically Sunday). Overtime is allowed but cannot exceed 12 hours per week, meaning the principle is a maximum of 52 working hours per week. However, certain industries or job categories may have grace periods, so verification is necessary. Additionally, workers must receive a minimum of 8 hours of rest per day, which is not counted as working time. For night work (10 p.m. to 6 a.m.), employees can receive an additional 50% or more of their hourly wage. Similarly, work on rest days must include an additional 100% or more of regular wages.
Vacation Systems: Annual Leave, Monthly Leave, and Menstrual Leave
According to the Labor Standards Act, workers who have worked for one year or more have the right to 15 days of annual leave per year. Those with three or more years of service receive an additional day, totaling 16 days. If workers leave their jobs without using all their accumulated annual leave, they must receive compensation for unused days. This must be paid in cash, and employers who refuse to do so face penalties. Some workplaces may provide additional benefits such as monthly leave or weekly rest days, which are determined by company regulations. Female workers can request menstrual leave and continue to receive wages during this period. Workers can also take maternity leave (90 days during pregnancy and 60 days after childbirth), and wages are paid during this time as well.
Important Considerations Regarding Severance Pay and Dismissal Rules
The Labor Standards Act stipulates that workers with one year or more of service must receive severance pay equal to at least 30 days of average wages upon retirement. Severance pay must be paid immediately, and refusing or delaying payment is illegal. Dismissal also has clear regulations. To dismiss a worker, an employer must have legitimate grounds and provide sufficient opportunity beforehand. Dismissal without legitimate cause is considered unfair dismissal, and workers can file a lawsuit to confirm their employment status. Additionally, employers must notify workers 30 days before dismissal or, if no notice is given, must pay an additional 30 days of average wages (notice pay). These regulations also apply when workers retire by mutual agreement.
How to Handle Workplace Discrimination and Unfair Treatment
The Labor Standards Act prohibits discrimination based on gender, nationality, religion, political beliefs, and other factors. Workers performing identical duties must receive equal pay, and discrimination in hiring, placement, training, and other areas is prohibited. If you experience unfair discrimination, you can file a complaint with the Ministry of Employment and Labor. The Labor Standards Act also protects workers' physical and mental freedom. Employers cannot commit acts of violence, threats, surveillance, or insulting language against workers, which can be punished as workplace harassment. If treated unfairly, you can request fact verification, cessation of harmful conduct, and prevention of recurrence. If necessary, you also have options such as filing complaints with the Ministry of Employment and Labor, reporting to the labor office, or pursuing legal action in court.
Methods for Reporting and Seeking Remedies for Labor Standards Act Violations
Workers can directly report employers who violate the Labor Standards Act. Filing a report with the relevant regional Ministry of Employment and Labor or labor inspector will trigger an official investigation and guidance. Workers are protected regarding their identity as reporters, and dismissal or retaliation for reporting is illegal. Several methods are available for dispute resolution. First, you can consult with the labor-management council or workplace representatives within the workplace. If agreement cannot be reached, you can receive counseling from the Ministry of Employment and Labor. More proactively, you can file applications with the Labor Relations Commission for unfair dismissal remedies, wage nonpayment claims, and other matters. Finally, you can file a lawsuit in court. The law is designed to put workers in a favorable position throughout this process.
This article provides information compiled and organized by AI after analyzing various sources. For more accurate information, please consult with relevant agencies or experts.
