By Lee Hak-chun and Nick Bibby

The Korean labor law, as it relates to foreign workers, is far more progressive than many of those concerned might believe. It is commonplace to hear workers from overseas complain that they have no rights. In fact the reverse is the case.

The Korean Constitution, which underpins all subsequent legislation, stipulates quite clearly that working conditions shall be established by Act.

There are, of course, a great many such pieces of legislation relating to life in the workplace. However, the most wide-ranging is the Labor Standards Act (LSA), article six of which makes it quite clear that employers may not affect their treatment of workers on the basis of race.

In other words migrant workers have exactly the same rights as Korean employees with a few exceptions mostly relating to visas or re-employment.

Many of the problems faced by foreign workers ― as well as their Korean colleagues for that matter ― have more to do with working culture and a lack of legal guidance than with the law itself.

To take one obvious example; in an effort to create a balance between life and work, the LSA is quite clear that no worker shall be made to work more than eight hours a day or 40 hours per week ― this excludes recess hours.

The same clarity relates to payment, article 37 of the same act makes clear that workers must be paid at least once a month, on a specified date. It is important to note there is no ambiguity on either of these points.

Perhaps the point most commonly misunderstood in labor law ― not just in Korea but around the world ― is that putting something in a contract doesn't invalidate what is said in statute (Article 15, LSA).

Laws on drug trafficking, murder, theft or any other crime cannot be superseded by a contract between the parties involved, neither can labor law. In turn statutes cannot override the principles of the Constitution.

Paid leave is another widely misunderstood area. It's complex and, frankly, there's no time to go through the details here.

The basics are that any worker who has a year's experience under their belt is entitled to 15 days paid leave to be taken at their convenience ― excepting exceptional circumstances.

Any worker with less than a year’s experience is entitled to one day per month. The longer service you give to an employer, so your leave entitlement increases up to, but not exceeding, 25 days.

Interestingly, the employer is required not only to allow the employee to use their leave entitlement but to actively encourage it.

Recent events have demonstrated not only that foreign workers have the right to collective association, bargaining and action but also that when migrant workers act collectively, the results are beneficial for all concerned.

Overwhelmingly studies show that collective agreements increase productivity and efficiency. In essence, employers who respect the rights of workers attract better employees who, in turn, are happy to work harder.

It may be worth noting that, if you are a foreign employee reading this and you were unaware of any of these rights, you might want to mention to your boss that she or he is legally required to inform you of them and, further, to display them in an area and manner accessible to all workers.

There are many such issues in what is a complex area of law. However, it may be best to give the last word to the Constitution of the Republic of Korea. Article 32:3 say, ``Standards of working conditions shall be determined by act in such a way as to guarantee human dignity.”

Lee Hak-chun is dean of the department of global studies and professor of international labor law at Dong-A University in Busan. Nick Bibby is a Ph.D. candidate in labor law as it affects foreign workers in Korea.