Many foreign workers arrive in Korea believing a probation period (수습기간) means they can be dismissed for any reason, at any time, with no explanation — the way at-will employment works in places like the United States. Korean labor law doesn't work that way, for probationary employees or anyone else. The protections are narrower during probation, but they don't disappear, and a striking number of dismissals framed as "you didn't pass probation" would not survive a labor commission review if challenged.
→What a Probation Period (수습기간) Actually Changes
Under the Labor Standards Act (근로기준법, geunrogijunbeop), a probation period changes two specific things — and only two:
- Advance notice of dismissal. Employees who have worked less than three months — which typically covers the early part of probation — are not entitled to the standard 30 days' advance notice (or 30 days' pay in lieu) before dismissal that longer-tenured employees receive
- Minimum wage. For certain job categories, employers may pay a reduced minimum wage (roughly 90% of the standard rate) for the first three months, though this exception does not apply to short-term contracts under one year or to simple, low-skill labor as defined by the Ministry of Employment and Labor
That's the entire list. Nothing in the law suspends the requirement that a dismissal have "justifiable cause" (정당한 사유, jeongdanghan sayu), and nothing in the law lets an employer skip due process just because the word "probation" appears in your contract.
→"Justifiable Cause" Still Applies — Even on Day 10
Article 23 of the Labor Standards Act requires justifiable cause for any dismissal, and Korean labor commissions and courts have repeatedly confirmed this extends to probationary employees. The bar is somewhat more relaxed during probation — an employer has more latitude to conclude a new hire isn't a fit based on early performance — but "more relaxed" is not "unlimited."
| Generally Accepted During Probation | Generally NOT Accepted, Even During Probation |
|---|---|
| Documented, specific performance shortfalls against the role's actual requirements | A vague "not a good cultural fit" with no specifics |
| Failure to meet skills or qualifications reasonably expected for the position | Dismissal timed to avoid the one-year severance threshold |
| Serious misconduct (theft, violence, falsified credentials) | Dismissal shortly after a pregnancy announcement, injury report, or complaint |
| Objective, verifiable evaluation criteria applied consistently to all probationary staff | No evaluation process at all — just a verbal "it's not working out" |
A probation period (수습기간) shortens the notice you're owed — it does not remove the requirement that your employer have a real, documented reason.
→The Warning Signs of an Unlawful "Probation" Dismissal
- You were given no written evaluation criteria at the start of your probation period, and no feedback before the sudden dismissal
- The stated reason is generic ("not a fit," "not working out") rather than tied to specific, documented performance issues
- The dismissal came right after you raised a workplace safety concern, requested unpaid wages, reported harassment, or disclosed a pregnancy or medical condition
- Your contract describes an unusually long "probation period" — six months or more — seemingly designed to delay the one-year mark that triggers severance pay (퇴직금) eligibility
- You were asked to resign "voluntarily" rather than being formally dismissed, which can be used later to argue you have no dismissal to challenge
→What You're Still Owed, Even If the Dismissal Was Lawful
Even a fully lawful probationary dismissal doesn't erase what you've already earned:
- Full wages for every day actually worked, including the day of dismissal, paid within 14 days of your last day
- Unused annual leave payout if you accrued any leave and didn't use it, calculated under the Labor Standards Act's leave provisions
- Severance pay (퇴직금) only applies once you've completed a full year of continuous service — most probationary dismissals happen before that threshold, but if your total tenure (including any prior contract with the same employer) reached one year, it still applies
- A certificate of employment (경력증명서) if you request one, which employers are required to issue
→What to Do If You Think Your Dismissal Wasn't Justified
- Gather your evidence first. Employment contract, any evaluation documents (or the absence of any), the dismissal notice or message, and a timeline of events leading up to it
- File a claim of unfair dismissal (부당해고 구제신청) with the regional Labor Relations Commission (지방노동위원회) — this must generally be filed within three months of the dismissal, so don't sit on it
- The Commission investigates and holds a hearing, and can order reinstatement or compensation if it finds the dismissal lacked justifiable cause
- Separately, pursue any unpaid wages through a wage claim complaint (진정) with the Ministry of Employment and Labor if your final pay wasn't handled correctly
A probation period (수습기간) exists so an employer can evaluate a genuinely new hire — not so it can quietly avoid the obligations that come with a real dismissal. If you were let go during probation and the explanation didn't add up, it's worth having someone look at the actual facts before you accept it.