Hello, everyone!
Vijob here. 👋
Are you planning to resign after working in Korea for a long time, or are you about to return to your home country soon?
Then be sure to check your severance pay first.
Foreign workers, just like Korean workers, can receive severance pay if they meet the requirements set by law. The Supreme Court of Korea has also ruled that severance-related rules apply to foreign workers in the same way as to domestic workers.
To help you avoid leaving without knowing and missing money you should have received, Vijob will break down the key points simply for you!
✅ Can foreigners receive severance pay too?
Yes, they can.
In general, if you meet the following conditions, you are eligible for severance pay.
✔ Worked continuously at one workplace for 1 year or more
✔ Scheduled weekly working hours averaged over 4 weeks are 15 hours or more
✔ A worker who actually worked for wages under the company’s direction
Even if the workplace is small, the severance pay system still applies, and workplaces with fewer than 5 employees may also be eligible under the same current standards.
So
“There is no severance pay because I’m a foreigner”
“I can’t get it because I’m a contract worker”
“There is no severance pay because the company is small”
should not be assumed simply like that.
💵 How much severance pay can you receive?
Simply put, you can think of it as roughly one month’s salary for each year worked, but actual statutory severance pay is not calculated by simply multiplying monthly pay by years of service. The basic formula is as follows.
1-day average wage × 30 days × total days of service ÷ 365"
As a rule, average wage is calculated based on the wages from the 3 months before resignation.
For example, if you worked continuously for 2 years, it may amount to roughly 60 days’ worth of average wages, but the actual amount can vary depending on salary and allowances, so an accurate calculation is needed.
📝 What if you rewrote the contract several times?
Even if you rewrote the contract every 6 months or every 1 year, your work period is not automatically reset from the beginning.
What matters is whether the employment relationship actually continued without interruption.
The judgment may differ depending on whether you repeatedly resigned and were rehired, or whether only the contract was renewed, so it is a good idea to keep your start date, contract period, and salary payment records together.
⏰ I resigned, but the company won’t pay severance
In principle, when a worker resigns, the employer must pay severance within 14 days from the date the payment obligation arises. However, if there are special circumstances and the worker and company agree, the payment deadline may be extended.
If 14 days have passed and you still have not received your severance without a valid reason, you can file a wage arrears complaint.
Online complaints can be filed through the Ministry of Employment and Labor (고용노동부) Labor Portal (노동포털), and you can also visit the local labor office with jurisdiction over the workplace in person. If unpaid severance is confirmed and the employer does not comply with a corrective order, the case may proceed to criminal procedures, and violations of related laws are subject to imprisonment of up to 3 years or a fine of up to 30 million won.
⚠️ If you were staying without registration, can’t you get severance pay either?
Issues related to residence status and labor rights for work already provided may be judged as separate matters.
The Ministry of Employment and Labor has also publicly shared cases in which employers who failed to pay wages and severance to undocumented foreign workers were investigated and punished.
However, undocumented residence can also create immigration-related issues, so before responding directly, it is better to first consult your situation through an official counseling agency such as the Ministry of Employment and Labor 1350 hotline.
📂 Be sure to gather these before resigning!
If a severance issue arises, documents proving when you worked, for how long, and how much you were paid are important.
If possible, keep the following documents in advance.
* Employment contract
* Documents that can confirm your start date and resignation date
* Pay statements
* Bank account records showing salary deposits
* Attendance records
* Work-related text messages and messenger chats with the company
* Records of enrollment in Departure Guarantee Insurance (출국만기보험) and estimated payout amount
If you have not received your severance yet, it is best to check and respond as soon as possible after resigning.
💬 Do you still have questions?
If you have questions about severance calculations, Departure Guarantee Insurance (출국만기보험), or a company’s failure to pay severance, feel free to leave a comment!
Or post in the Vijob Community and ask directly.
Foreign seniors who found employment in Korea first and have experienced working life here can share various information based on their own experiences. 🙌
Rather than worrying alone, ask seniors directly in the Vijob Community!