Probation versus trial employment
Probation (susup) is training for a worker whose hire is already confirmed. Trial employment (siyong) assesses fitness before a permanent offer. In practice the two are often both called probation. The Supreme Court treats refusal of a permanent hire after trial employment as a dismissal. It allows more latitude than an ordinary dismissal but still requires an objective, reasonable ground and written notice (e.g., 2002da62432).
Minimum-wage reduction
Under Article 5 of the Minimum Wage Act, a probationary worker on a contract of a year or more may be paid 90% of the minimum wage for the first three months. Since 2018, this reduction has been barred for simple manual jobs such as convenience-store or restaurant work. Applying a "90% probation rate" to a short-term part-timer is unlawful.
Dismissal and contracts
Article 35 of the Labor Standards Act once exempted "probationers within three months" from dismissal notice. A 2019 amendment changed this to "less than three months of continuous service." A just cause is still required, so an arbitrary dismissal can be challenged as unfair dismissal. Check that your contract states the probation length, pay, and evaluation criteria.
FAQ
- Am I covered by social insurance during probation?
- Yes, from day one.
- Does probation count toward severance service?
- Yes, it counts as continuous service.
Sources reviewed: 2026-10-26
References
- 근로기준법 (법률), 국가법령정보센터. https://www.law.go.kr
- 고용노동부. 근로기준법 해설 및 질의회시.
- 최저임금법 (법률), 국가법령정보센터.
- 대법원 2006. 2. 24. 선고 2002다62432 판결 (시용 근로자 본채용 거부).