Site Search:
 
TEFL International Supports Dave's ESL Cafe
TEFL Courses, TESOL Course, English Teaching Jobs - TEFL International
Korean Job Discussion Forums Forum Index Korean Job Discussion Forums
"The Internet's Meeting Place for ESL/EFL Teachers from Around the World!"
 
 FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister 
 ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in 

contract signing obligation?

 
Post new topic   Reply to topic    Korean Job Discussion Forums Forum Index -> Job-related Discussion Forum
View previous topic :: View next topic  
Author Message
le-paul



Joined: 07 Apr 2009
Location: dans la chambre

PostPosted: Fri Apr 11, 2014 6:28 am    Post subject: contract signing obligation? Reply with quote

(Ive had a look with the search function but nothing has come up).

If I sign a contract to start say, in 20 days but I find a different position (and I don't start the immigration/visa procedure), do I have any legal obligation to the contract that I first signed?
Ive looked on the web and read something that you still need to give 30 days notice. Is that correct?

Cheers
Back to top
View user's profile Send private message
ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Fri Apr 11, 2014 2:16 pm    Post subject: Re: contract signing obligation? Reply with quote

le-paul wrote:
(Ive had a look with the search function but nothing has come up).

If I sign a contract to start say, in 20 days but I find a different position (and I don't start the immigration/visa procedure), do I have any legal obligation to the contract that I first signed?
Ive looked on the web and read something that you still need to give 30 days notice. Is that correct?

Cheers


If you sign and have done NOTHING toward the visa procedure then there is NO LEGAL OBLIGATION that is enforceable.

You are NOT legally required to give any notice.
You ARE free to take other employment.

Under Korean law you cannot be held liable for non performance of a labor/employment contract.

.
Back to top
View user's profile Send private message Send e-mail
le-paul



Joined: 07 Apr 2009
Location: dans la chambre

PostPosted: Fri Apr 11, 2014 4:20 pm    Post subject: Re: contract signing obligation? Reply with quote

ttompatz wrote:
le-paul wrote:
(Ive had a look with the search function but nothing has come up).

If I sign a contract to start say, in 20 days but I find a different position (and I don't start the immigration/visa procedure), do I have any legal obligation to the contract that I first signed?
Ive looked on the web and read something that you still need to give 30 days notice. Is that correct?

Cheers


If you sign and have done NOTHING toward the visa procedure then there is NO LEGAL OBLIGATION that is enforceable.

You are NOT legally required to give any notice.
You ARE free to take other employment.

Under Korean law you cannot be held liable for non performance of a labor/employment contract.

.


thanks!
Back to top
View user's profile Send private message
Wildbore



Joined: 17 Jun 2009

PostPosted: Sat Apr 12, 2014 10:09 am    Post subject: Re: contract signing obligation? Reply with quote

ttompatz wrote:
le-paul wrote:
(Ive had a look with the search function but nothing has come up).

If I sign a contract to start say, in 20 days but I find a different position (and I don't start the immigration/visa procedure), do I have any legal obligation to the contract that I first signed?
Ive looked on the web and read something that you still need to give 30 days notice. Is that correct?

Cheers


If you sign and have done NOTHING toward the visa procedure then there is NO LEGAL OBLIGATION that is enforceable.

You are NOT legally required to give any notice.
You ARE free to take other employment.

Under Korean law you cannot be held liable for non performance of a labor/employment contract.

.


Incorrect. You can be found liable to breach of contract, and a judge may award damages proportional to the breach to the aggravated party. This is clearly codified in the Korean Civil Code, so the above poster is quite clearly wrong when he states it is "unenforceable."
Back to top
View user's profile Send private message
Jongno2bucheon



Joined: 11 Mar 2014

PostPosted: Sat Apr 12, 2014 11:15 am    Post subject: Reply with quote

I know it might be q hassle, but it would mean a great deal to people if you actually stated which law and which civil code,

Thanks!
Back to top
View user's profile Send private message
le-paul



Joined: 07 Apr 2009
Location: dans la chambre

PostPosted: Sat Apr 12, 2014 6:25 pm    Post subject: Re: contract signing obligation? Reply with quote

Wildbore wrote:
ttompatz wrote:
le-paul wrote:
(Ive had a look with the search function but nothing has come up).

If I sign a contract to start say, in 20 days but I find a different position (and I don't start the immigration/visa procedure), do I have any legal obligation to the contract that I first signed?
Ive looked on the web and read something that you still need to give 30 days notice. Is that correct?

Cheers


If you sign and have done NOTHING toward the visa procedure then there is NO LEGAL OBLIGATION that is enforceable.

You are NOT legally required to give any notice.
You ARE free to take other employment.

Under Korean law you cannot be held liable for non performance of a labor/employment contract.

.


Incorrect. You can be found liable to breach of contract, and a judge may award damages proportional to the breach to the aggravated party. This is clearly codified in the Korean Civil Code, so the above poster is quite clearly wrong when he states it is "unenforceable."


Thanks.
You've jus saved me ( and others who can figure out the search function), a great deal of trouble.
Back to top
View user's profile Send private message
ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sat Apr 12, 2014 9:03 pm    Post subject: Reply with quote

In point of fact the Korean Labor Standards Acts (contrary to claims made by some of the hagwon touts on here) specifically define labor contracts as being different from other contracts and also exclude "employees" from civil action due to "non performance" under a "labor contract".

AND (contrary to claims made by some of the hagwon touts on here)

there has NEVER, in Korean law, been a case of an employee being held liable in a "civil action" in a "court competent jurisdiction" for "non performance" (withdrawal of work) beyond being terminated from employment with cause. (If you don't work you have no claim for unfair dismissal or unpaid wages for work not done).

.
Back to top
View user's profile Send private message Send e-mail
young_clinton



Joined: 09 Sep 2009

PostPosted: Sat Apr 12, 2014 9:37 pm    Post subject: Re: contract signing obligation? Reply with quote

Wildbore wrote:


Incorrect. You can be found liable to breach of contract, and a judge may award damages proportional to the breach to the aggravated party.


unrealistic

Jongno2bucheon wrote:
I know it might be q hassle, but it would mean a great deal to people if you actually stated which law and which civil code,

Thanks!


More important is if there are examples where somebody actually took the trouble and money to sue an ESL teacher.
Back to top
View user's profile Send private message
le-paul



Joined: 07 Apr 2009
Location: dans la chambre

PostPosted: Sat Apr 12, 2014 9:57 pm    Post subject: Reply with quote

ttompatz wrote:
In point of fact the Korean Labor Standards Acts (contrary to claims made by some of the hagwon touts on here) specifically define labor contracts as being different from other contracts and also exclude "employees" from civil action due to "non performance" under a "labor contract".

AND (contrary to claims made by some of the hagwon touts on here)

there has NEVER, in Korean law, been a case of an employee being held liable in a "civil action" in a "court competent jurisdiction" for "non performance" (withdrawal of work) beyond being terminated from employment with cause. (If you don't work you have no claim for unfair dismissal or unpaid wages for work not done).

.


That makes sense.

Thanks for posting that up to clarify.
Back to top
View user's profile Send private message
sigmundsmith



Joined: 22 Nov 2007

PostPosted: Sun Apr 13, 2014 2:16 am    Post subject: Reply with quote

I re-signed a contract with a university but didn't immediately proceed with the immigration paperwork (I had ample time). And of course during that time a better job came up. Naturally, the Korean department office manager was saying but hey you signed the contract but told them that I had to take this better opportunity.

Now, I can't state whether they were nice and let it go or that under Korean labor laws they have no justification to pursue legal action towards me. But nothing was forthcoming.

I have heard threats that people have posted on this site by hagwon directors/owners that they will blacklist/contact immigration etc. But as far as I know nothing has come of it otherwise people would have posted what happens.

And, BTW there have been numerous posts by people who have said that they have signed a contract but later have the contract withdrawn before the process has been submitted to immigration. Now, according to a previous poster, they apparently claimed that:
Quote:
You can be found liable to breach of contract, and a judge may award damages proportional to the breach to the aggravated party. This is clearly codified in the Korean Civil Code, so the above poster is quite clearly wrong when he states it is "unenforceable."


However, I have never heard of a case being brought against a language institution for withdrawing an offer after a contract has been signed. Furthermore, I have never heard of an applicant withdrawing from employment after it has been signed and before it has gone to the immigration process.

So, until the poster who stated the above quote can provide evidence/link to what they think the law is this case is, you have no problems (i.e. legal implications) against you if you withdraw your application after signing.
Back to top
View user's profile Send private message
le-paul



Joined: 07 Apr 2009
Location: dans la chambre

PostPosted: Sun Apr 13, 2014 4:59 pm    Post subject: Reply with quote

Yes, it seems logical that it would not be an efficient use of a persons money to pursue the matter legally.

Its better to know when the threats start coming, what I /we can say to the recruiter should this happen (in my case, Im still leaving them with 2/3 weeks to find a replacement so there shouldn't be a problem).

Thanks
Back to top
View user's profile Send private message
ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sun Apr 13, 2014 7:00 pm    Post subject: Reply with quote

le-paul wrote:
Yes, it seems logical that it would not be an efficient use of a persons money to pursue the matter legally.

Its better to know when the threats start coming, what I /we can say to the recruiter should this happen (in my case, Im still leaving them with 2/3 weeks to find a replacement so there shouldn't be a problem).

Thanks


Recruiter???

Just put em on your blocked/spam list and ignore them.
Their threats are meaningless noise.

.
Back to top
View user's profile Send private message Send e-mail
Display posts from previous:   
Post new topic   Reply to topic    Korean Job Discussion Forums Forum Index -> Job-related Discussion Forum All times are GMT - 8 Hours
Page 1 of 1

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum


This page is maintained by the one and only Dave Sperling.
Contact Dave's ESL Cafe
Copyright © 2013 Dave Sperling. All Rights Reserved.

Powered by phpBB © 2001, 2002 phpBB Group

TEFL International Supports Dave's ESL Cafe
TEFL Courses, TESOL Course, English Teaching Jobs - TEFL International