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le-paul
Joined: 07 Apr 2009 Location: dans la chambre
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Posted: Fri Apr 11, 2014 6:28 am Post subject: contract signing obligation? |
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(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 |
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ttompatz
Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Fri Apr 11, 2014 2:16 pm Post subject: Re: contract signing obligation? |
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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.
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le-paul
Joined: 07 Apr 2009 Location: dans la chambre
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Posted: Fri Apr 11, 2014 4:20 pm Post subject: Re: contract signing obligation? |
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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.
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thanks! |
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Wildbore
Joined: 17 Jun 2009
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Posted: Sat Apr 12, 2014 10:09 am Post subject: Re: contract signing obligation? |
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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.
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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." |
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Jongno2bucheon
Joined: 11 Mar 2014
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Posted: Sat Apr 12, 2014 11:15 am Post subject: |
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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! |
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le-paul
Joined: 07 Apr 2009 Location: dans la chambre
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Posted: Sat Apr 12, 2014 6:25 pm Post subject: Re: contract signing obligation? |
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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. |
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ttompatz
Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Sat Apr 12, 2014 9:03 pm Post subject: |
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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).
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young_clinton
Joined: 09 Sep 2009
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Posted: Sat Apr 12, 2014 9:37 pm Post subject: Re: contract signing obligation? |
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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. |
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le-paul
Joined: 07 Apr 2009 Location: dans la chambre
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Posted: Sat Apr 12, 2014 9:57 pm Post subject: |
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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).
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That makes sense.
Thanks for posting that up to clarify. |
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sigmundsmith
Joined: 22 Nov 2007
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Posted: Sun Apr 13, 2014 2:16 am Post subject: |
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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. |
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le-paul
Joined: 07 Apr 2009 Location: dans la chambre
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Posted: Sun Apr 13, 2014 4:59 pm Post subject: |
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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 |
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ttompatz
Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Sun Apr 13, 2014 7:00 pm Post subject: |
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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.
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