There is no explict limitation on the length of probationary period in the labor standards act of Korea. The act only says that employers do not have to give a prior notice for dismissal to a worker in his first three months of probationary period. (Article 35 of the LSA, and article 15 of the enforcement decree of the LSA).

You can check the text of the labor standards text at http://english.molab.go.kr/english/Legislation/Legislation.jsp?grp=1&l_title=Labor%20Standards

For your information, the basic position by the Ministry of Labor with regard to the length of probation is that the length should be decided based on the nature of the concerned job and common sense and that it is advised to stipulate it in the rules of employment or the collective agreement.

BTW, kindly understand that I made a small change to your comment as it includes a name of a specfic company.

Sunny Lee

I am trying to collect some data on the incorporation of probationary period clauses in the employment contracts that Korean law firms use for their Foreign Legal Consultants.

As you may know, probationary clauses are rather common in Korea, but they are typically limited to non-professional employees like secretaries and support staff. I am informed that under the Labor Standards Act of Korea, they are limited to three months and cannot be contracted around, even with the consent of the employee. I would like to confirm this.

Not all Korean law firms have probationary clauses, but I know that at XXX, management uses a six-month period for their two-year employment contracts, which would seem to violate the LSA and almost suggests bad faith.

Thank you in advance for your help in this project.

Best regards,

David Barch
San Francisco, CA