International students are not alone in tackling employment discrimination

International students in Korea have a tough time finding part-time jobs due to many factors — visa limitations, language barriers, a lack of information and falling demand, to name a few — and violations of labor rights make things even worse.

Mistreatment, being forced to work more than the designated hours and unfair pay are some of the many labor rights violations that can impact students working part-time in Korea.

“I finally got a part-time job as a kitchen assistant in a restaurant after applying for over five similar positions and giving interviews for at least two of them, but now I feel like I am being underpaid and exploited at times,” said Sia, a 21-year-old international student from Nepal.

Sia came to Korea as an international student in 2021 and has been working part-time for about six months at a restaurant in Suwon, Gyeonggi. The Korean government and big companies offer various scholarship programs for international students to help finance their studies as well as living expenses in Korea, however, international students like Sia who do not have financial support opt for part-time jobs to cover their expenses.

“I feel glad that I have a source of income for my living expenses, but thinking about the times when I have to work in the kitchen being paid less than my Korean coworkers, I want to quit,” said Sia. “But I can’t bear the thought of being unemployed again and having to worry about my finances, so I just keep going.”

Sia first started working at the hourly wage of 10,000 won ($7.70) with an assurance that her pay would increase if her employer liked her work. She did get an increase of 500 won after a month, but she was disappointed to later find out that her Korean coworkers were getting 1,000 won more for the same job.

According to the Labor Standards Act in Korea, international students working part-time are entitled to be treated the same as Korean workers, including equal pay, access to training and development opportunities and protection against discrimination and harassment. They are also entitled to overtime pay, which is 1.5 to two times the regular hourly wage if they work more than their agreed hours while not exceeding the maximum permitted working hours by the government.

Chloe, an international student from Russia, worked part-time at a restaurant for over a year. She worked overtime even when the restaurant was short-staffed, but was never given any overtime pay.

“I initially applied just to be a server, but when the restaurant was short-staffed, I had to stay longer than the agreed hours and do other jobs which were not listed on the job posting,” said Chloe. “At the time, I didn’t know about the overtime pay system and even if I did, I wouldn’t know where to seek help.”

For international students who are trying to fit into a new society with a language barrier and cultural differences, finding help can be a challenge even when they want to.

But there are institutions and support centers funded by the government to protect the rights and interests of foreign residents that offer free help with labor issues and provide legal counseling services.

Seoul Foreign Resident Center is one such organization where students can seek help when they have issues at work like mistreatment, unpaid wages and discrimination. They provide consultation services in more than 9 different languages. They can be reached through email, by phone or by visiting the center Monday through Friday for legal and labor consultations. But it is best to get an appointment through a phone call before the actual visit.

"Many students are coming to the center with cases such as not being paid their salaries or being fired in the middle of the work,” said a Chinese-language consultant working at Seoul Foreign Resident Center, “And the most common problem that I found is that they don’t have any contracts or, in some cases, they made contracts but don’t have a copy with them.”

Legally, international students are required to get permission from their university and report part-time jobs to immigration within two weeks of starting a job.

There are limitations on working hours and legally permitted fields of work: Students who have obtained a Test of Proficiency in Korean (Topik) level 4 or higher can work up to 25 hours on weekdays and unlimited hours during weekends and holidays, but the permitted working hours are limited to 10 hours weekly without that certification. In addition, international students are allowed to take only simple labor jobs like working at convenience stores or restaurants.

Trying to circumvent these restrictions, many students choose not to report their work to the immigration office.

International students working in construction or manufacturing companies, language schools for minors or subcontracted positions are more vulnerable to being mistreated by their employers as they cannot report any issues to the immigration office and get legal protection. Instead, they could face fines or punishment if caught by the immigration office.

However, if an international student has worked and not been paid — even if they should not have been doing the work in the first place — they still can seek help from the free counseling centers as their information would not be shared with immigration, even if they are working in fields not allowed under the labor act.

“When students come to us seeking help to secure their pay, they are not reported to immigration even if they don’t have work permits,” said the Seoul Foreign Resident Center consultant. “Our main goal is to help them with the issue, and we do not share their information with other parties.

“But it does get difficult to solve the problem when the victims do not have any written agreements before starting the work or any other form of legal protection.”

When students apply for a work permit, they are required to submit documents such as the labor contract, the certificate of registration of the workplace, a transcript and Korean language proficiency certificates to immigration. As such, employers are obliged to sign a labor contract for part-timers.

When signing a labor contract, the document must include working conditions, such as where the employee will work, the employment period, specific work hours, days off and the pay day. It is important to keep in mind that every employee is entitled to a 30-minute break for every four hours of work.

Health insurance must be included, and the work contract needs the signature of the employer and the employee. Two original versions of the contract should be made so that both parties hold one.

It is also highly recommended to read and understand the additional clauses included in the contract before signing it. If the agreement is written in Korean, asking a Korean friend or acquaintance is helpful. Getting help from the Labor Board offices is also an option to understand Korean labor laws and the vague clauses included in contracts.

BY STUDENT REPORTER LHAKPA DOLMA LAMA [kjd.kcampus@joongang.co.kr]