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Is the English version of a contract enforceable by law?

 
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tfunk



Joined: 12 Aug 2006
Location: Dublin, Ireland

PostPosted: Sun Feb 01, 2009 8:04 pm    Post subject: Is the English version of a contract enforceable by law? Reply with quote

According to a few sources, it is very difficult to enforce the conditions of your contract through legal channels. I'm guessing that it is the Korean version of a contract that holds any significance, if any. Is this true?

I signed the English version of the contract but not a Korean version. Am I bound by that contract under law?

I'm asking because the contract states that if I leave before I complete the year I owe the recruiters fee in addition to all the usual deductions (flight, no severance). The recruiters fee can be quite high ~ 1 million
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OculisOrbis



Joined: 17 Jul 2006

PostPosted: Sun Feb 01, 2009 8:24 pm    Post subject: Reply with quote

prob not..usually there is a clause that says the korean version is binding and the english is provided for convenience only...if you translated the korean and it was REALLY different then maybe you could make a case, but if youre thinking of leaving before the end then i doubt its worth fighting. Just get your monthly pay and leave the next day-- dont tell anyone...theyll screw you harder if they think ur going to leave early...
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tfunk



Joined: 12 Aug 2006
Location: Dublin, Ireland

PostPosted: Sun Feb 01, 2009 8:40 pm    Post subject: Reply with quote

Yes, but I want to come back. I'm afraid they'll file a case with immigration and I'll be brought to court the next time I enter the country.
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OculisOrbis



Joined: 17 Jul 2006

PostPosted: Sun Feb 01, 2009 10:20 pm    Post subject: Reply with quote

why do you want to go? whats your reasons? Its better to be fired in terms of ease of returning, but then they would be bending over any way they could. If you just leave, you can turn in your arc at immigration at the airport and say ur finished/cancel it and u should be fine. Theres not much your employer can do to stop u from returning regardless of what they may claim. I would visit the local immi office first and try to have it done there or at least get some info about it (but that might cause a call to your current employer to tell them about your enquiries so be cautious about that. nothing is confidential here) U might have to go to ur home country for an interview before returning, but not sure. The rules seem to change weekly. good luck, whatever you choose to do....

just an addition,,whatever you do, keep going to work and doing what ur supposed to do you until u actually leave and dont sign anything your employer gives you, ever - no matter what. anything they want u to sign will NOT be to your benefit.
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ChinaBoy



Joined: 17 Feb 2007

PostPosted: Mon Feb 02, 2009 12:49 am    Post subject: Reply with quote

tfunk wrote:
Yes, but I want to come back. I'm afraid they'll file a case with immigration and I'll be brought to court the next time I enter the country.


No one is filing a case against you. They will take what you owe them out of your final pay. If you skip out, you're gone. They're not going to hunt you down.

Of course, your new employer might call the old one for a reference.....
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