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"A part-timer who neither showed up nor worked is demanding payment... Threatening to report if not paid"

On the day scheduled to go to work, claimed a funeral and postponed attendance
Sent a notice refusing to come to work followed by a message regarding salary

Netizens are outraged over the story of a part-time worker who demanded payment without showing up for work. On the 29th, a story from a self-employed person was posted on the online community for small business owners called 'Apeunikka Sajangida' (Because It Hurts, I'm the Boss). The author, Mr. A, responded to part-time worker Mr. B, who suddenly claimed a family bereavement and said he would attend the funeral and then come to work as scheduled. After a few days, Mr. B notified Mr. A that he needed to sort out the belongings of the deceased and would come to work the next day, to which Mr. A agreed. Then, unexpectedly, Mr. B informed Mr. A that his family told him not to come to work.

"A part-timer who neither showed up nor worked is demanding payment... Threatening to report if not paid" A part-time worker who demanded a salary without coming to work has sparked public outrage. The photo is not related to the specific content of the article. Photo by Yonhap News

Since this was somewhat anticipated, Mr. A hired a new employee. However, on the 27th, Mr. B suddenly sent a message saying, "Thank you for taking care of me while I worked. You mentioned that the wages for the days I worked would be sent today. Could you tell me around what time the payment will be deposited?" Mr. A asked if the message was sent by mistake, but Mr. B insisted on receiving the wages for the days he worked. Soon after, Mr. B claimed that Mr. A was not answering his calls and said he would report to the Labor Office, believing that his wages were being withheld.


Netizens commented on Mr. A’s story with remarks such as "This seems like a new type of scam," "There are really strange people out there," and "Maybe he confused working elsewhere with the interview." One netizen added, "He must have used this trick several times before. If sued, someone probably gave in just to avoid trouble, so he’s trying the same tactic again."

If a Labor Contract Was Signed, It Should Be Canceled
"A part-timer who neither showed up nor worked is demanding payment... Threatening to report if not paid" [Photo by Online Community 'Apeunikka Sajangida']


Should Mr. A pay wages to Mr. B, who did not come to work? Current law requires that even part-time or short-term workers must have a labor contract. If Mr. A signed a labor contract with Mr. B, wages must be paid based on the days Mr. B was supposed to work but did not show up. This is because the labor contract takes effect even if the worker does not perform the work after signing, as in the previous case.


In this case, the best course of action for Mr. A is to cancel the labor contract. A labor contract is an agreement between an employee who provides labor and an employer who pays wages. If there are grounds for invalidity or cancellation, the labor contract can be canceled. If no labor contract was signed with Mr. B, the contract is considered invalid.


Meanwhile, even short-term workers must have a labor contract. According to current law, failing to provide a labor contract to a worker can result in a fine of up to 5 million KRW. Many small business owners think of labor contracts as a means to protect workers, but they are also an important tool for employers to protect their rights. When disputes arise between employers and workers, labor contracts help resolve issues amicably and serve as a legal standard in case of litigation.




© The Asia Business Daily(www.asiae.co.kr). All rights reserved.


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