Korean Job Discussion Forums

dewey588 · Joined: 08 Jun 2012

Thanks for reading. I could really use your help.

I have been offered a TESL position found through a recruiter at a Hogwan. I recently discovered that the living conditions to be provided at this Hogwan have changed and are very poor. Many of the current foreign teachers are seeking employment elsewhere and taking this position now seems like a very bad decision.

I have been offered a position and have signed my portion of the contract. I have not, however, received a completed copy of the contract with the employer�s signature. The employer is waiting for me to send my FBI background check to my recruiter so the visa process can begin.

Can I opt out of the contract at this time? If I do, can any legal action be taken against me? Can I still seek employment at another Hagwon?

Thank you most kindly for your help!

ttompatz · Joined: 05 Sep 2005 Location: Kwangju, South Korea

tremault · Joined: 25 Sep 2012

If you've signed the contract, then you have agreed to be legally bound by the terms contained within it.
As such, failure to adhere to the arrangement will leave you liable under the terms.
If the other party believes that you were not responsible for the failure to meet the requirements of the contract, then they will be unlikely to seek restitution. On the other hand, if they believe you wilfully broke the terms that you already agreed to, they may seek to impose a penalty on you under the contract terms. possibly recovery of losses etc.
You might come across some trouble in the future.

If your contract gives a promise of a certain standard of living conditions, then you can claim the contract is breached. If the contract gives no promise of a certain standard of living, then you really don't have much of a case in that regard.
It doesn't mean that you ought not feel like you have been dealt a bad hand, but the signing of a contract is a legally binding agreement.
any recourse to be had must satisfy the terms of the contract unless you want trouble.

This is just my logical view on it though. People may have experienced different things occurring.

ontheway · Posted: Tue Jan 08, 2013 11:28 am Post subject:

Not quite. While it's true that you have signed a contract, so you are breaking that contract, you can only be sued for actual damages - not for penalties.

Your school has an obligation to mitigate any damages before they seek any remedies. The school has time, and a duty if they still need a teacher, to contract with another teacher - there is a surplus of available teachers now - and proceed with a contract and documents from the new teacher. In your case, since you haven't sent any documents yet, they will be able to obtain a new teacher in the same amount of time, so the school will have essentially zero damages - certainly not enough to sue about.

Be sure to notify the recruiter that you are not able to send your documents and will not be available to take this job. You can say that you are sorry, but there is no need to explain any further, and it won't help anyway.

You will need to start over with a new recruiter after this. Be careful and be as sure as you can before you sign your next contract. Good luck.

Troglodyte · Joined: 06 Dec 2009

If you didn't send them you documents then they can't start the visa process, so you're in the clear. Recruiters bail on teachers all the time when they get a better applicant or when it turns out that they job they offered you wasn't actually available. Don't feel bad about turning them down.

If you had send in the docs, then it would be a different story. Not because it's illegal to cancel on them (that's perfectly legal) but because you can't get two visa issuance numbers at the same time. The first one has to either expire or be used before immigration will issue another one.

You're in the clear. Don't worry.

cincynate · Joined: 07 Jul 2009 Location: Jeju-do, South Korea

ontheway · Posted: Thu Jan 10, 2013 6:09 am Post subject:

FastForward · Joined: 04 Jul 2011

In the original post he stated that he never received a copy of the contract back with the school's signature as well. So would the contract still be binding at this point? Since only he signed it and never received anything back?

I'm also in the same situation and would like to know.

FastForward · Joined: 04 Jul 2011

ghostrider · Joined: 27 Jun 2011

There are too many people in this thread who sound like they are parroting what they read in a first year law textbook but are unacquainted with the realities of working as a foreigner in Korea. Both parties are guaranteed nothing by a signed contract before immigration approves it along with your other documents.

newb · Joined: 27 Aug 2012 Location: Korea

young_clinton · Joined: 09 Sep 2009

Your employer is breaching the contract with bad living conditions. Teachers bail on rotten employers all the time, and find better jobs. In fact why not go to Korea with plenty of spare documents (CBC, Apostilled degree copies) and if you really don't like a teaching job after a few months because of crap, then take your extra cash and since your already in Korea find a better job. That is generally the way it is done in Korea anyway. Your school is more than likely not to care about thier end of the bargain anyway.