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contract dilemma

 
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thestaypail



Joined: 17 Jul 2007

PostPosted: Mon Oct 08, 2007 10:56 am    Post subject: contract dilemma Reply with quote

i have a little ethical dilemma and i'd like your opinions. i've been offered a position in seoul, and i wanna go, but in the process of applying i've decided that i will for sure be going to graduate school in september. the job starts at the beginning of november so that means i can only work for 9 to 10 months.

is it messed up if i sign the contract agreeing to work 1 year when i know ahead of time i will be eventually giving them my 30 day notice?

also, in the contract regarding resigning it says "In case of modification, or termination, of the contract both parties must give 30 days prior written notice after mutual agreement between both parties."

this makes it sound like i dont even have the option of leaving early unless the employer aggrees. could this be so?
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Mon Oct 08, 2007 11:40 am    Post subject: Reply with quote

If you enter into a contract knowing that you will not and have no intention of fulfilling the contract, then it is both immoral and illegal. It is called fraud. The fact that you CAN do it, many DO do it, and you will probably get away with it, and that it will appear that you are resigning under the terms of the contract notwithstanding, it is still fraud.
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thiophene



Joined: 15 Sep 2007

PostPosted: Mon Oct 08, 2007 12:31 pm    Post subject: Reply with quote

I think it's immoral to falsely represent yoruself in this way. But if it makes you feel any better, just think of all the more immoral things people do on a daily basis.
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Funky Chunk



Joined: 29 Sep 2007
Location: Haebangchon, Seoul

PostPosted: Mon Oct 08, 2007 1:06 pm    Post subject: Reply with quote

There is currently a short term job available on the Korean job page. http://www.eslcafe.com/jobs/korea/index.cgi?read=27118 Why not do something like this instead?
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MarionG



Joined: 14 Sep 2006

PostPosted: Mon Oct 08, 2007 1:36 pm    Post subject: Reply with quote

If you tell them you will be starting graduate school, and ask that they write the contract for only ten months, they probably will. It saves them the year end bonus.
Best to be honest...
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xCustomx



Joined: 06 Jan 2006

PostPosted: Mon Oct 08, 2007 3:08 pm    Post subject: Reply with quote

MarionG wrote:
If you tell them you will be starting graduate school, and ask that they write the contract for only ten months, they probably will. It saves them the year end bonus.
Best to be honest...


Or you could ask them to pro-rate the year end bonus. You should also negotiate the return flight and try to get them to pay at least 50% since you are supposed to finish your contract before you get the full fare.
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thestaypail



Joined: 17 Jul 2007

PostPosted: Mon Oct 08, 2007 3:36 pm    Post subject: Reply with quote

thanks for the advice so far. i still cant decide.

xcustom or marion or anyone else. have you known anyone able to successfully negotiate their contract for less then a year?
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xCustomx



Joined: 06 Jan 2006

PostPosted: Mon Oct 08, 2007 4:31 pm    Post subject: Reply with quote

thestaypail wrote:
thanks for the advice so far. i still cant decide.

xcustom or marion or anyone else. have you known anyone able to successfully negotiate their contract for less then a year?


Sure, I negotiated my 2nd contract for 5 months so that I would be able to apply for the start of fall semester at a public school.
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wisernow



Joined: 30 Dec 2006
Location: Korea

PostPosted: Mon Oct 08, 2007 5:29 pm    Post subject: Keep this in mind as well Reply with quote

If you resign from your contract you will not be able to say to your future employers that you completed your one-year contract and your school in Korea will also inform all future employers that you had not completed your one-year contract. Even if you had been a super teacher you will always have "Did not complete the original contract" label.
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sadsac



Joined: 22 Dec 2003
Location: Gwangwang

PostPosted: Tue Oct 09, 2007 12:28 am    Post subject: Reply with quote

Be up front with them. Explain that you are only able to work for ten months. That may not present a problem for them at all. You'll never know if you don't ask. Smile
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gk



Joined: 27 May 2007

PostPosted: Tue Oct 09, 2007 1:16 am    Post subject: Reply with quote

I'm going to give the dissenting opinion here. I don't really see it as a problem. You do absolutely need to give them the appropriate 30-days notice and possibly help them in finding a replacement when the time comes. However, your life and your priorities take precedence. People leave jobs all the time for any of the curve balls life throws. People inherit money and quit, have a family emergency and quit, have terrible management and quit, need a change of scenery and quit, get pregnant and quit, or just plain feel like it's time for a change and quit. This is what HR departments and/or recruiters get paid to deal with. This is absolutely not illegal and certainly not immoral as ontheway would have you believe.

Be cordial, be helpful, give proper notice. But your life and your plans for the future should be your absolute top priority.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Wed Oct 10, 2007 8:21 am    Post subject: Reply with quote

Gk, your examples are not illegal or immoral because they are matters of happenstance.

However, if you know in advance that you have no intention of fulfilling the agreement, then it is fraud.


Imagine the reverse: an employer hires you knowing full well that he intends to fire you in the 9th month and avoid paying your year end bonus and return ticket. You can bet that you'd be screaming about it. Especially if you discovered that it was the plan from the outset and not due to some unexpected event.
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gk



Joined: 27 May 2007

PostPosted: Thu Oct 11, 2007 3:31 am    Post subject: Reply with quote

I sort of agree, however I would still recommend a person in the OP's position to apply anyway.

An employee doesn't owe anything to his or her boss other than to follow the letter of the contract and to show an amount of professional courtesy commensurate to that received in the workplace. The reason the reverse scenario you gave isn't accurate is because employers and employees have different codes of conduct, both legal and "moral". In the situation where an employer fires a teacher late in a contract without a legitimate reason, the teacher would be completely justified in being outraged because it is in fact illegal. Provided an employee gives proper notice, it is certainly not illegal for a teacher to quit late in a contract. Whether or not the reason can be chalked up to happenstance is irrelevant.

To the OP, if you truly want to come to Korea and teach, I would say go for it and not to mention your grad school plans during the hiring process. This is just an assumption on my part, but I get the impression that coming to Korea would be a temporary thing and not what you want to do with the rest of your life. Grad school, on the other hand, is something that will shape the rest of your life. Consider your own wants and needs, and act accordingly.
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