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GETTING OUT OF A CONTRACT BEFORE IT STARTS

 
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expat2001



Joined: 28 Jan 2006

PostPosted: Sun Jul 26, 2009 1:50 pm    Post subject: GETTING OUT OF A CONTRACT BEFORE IT STARTS Reply with quote

Last Friday , I signed a contract . Over the weekend , I've slowly come to the conclusion that this job just isnt for me. I can't put my finger on it , but their is something about this hogwon that I just don't like.
I want to call the school and ask if they are willing to cancel the contract.Does anyone have any ideas as to what I should say?
As anyone been in a similar situation?
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Theo



Joined: 04 Jul 2009

PostPosted: Sun Jul 26, 2009 2:14 pm    Post subject: Reply with quote

Hi, expat2001, are you on Korea, or elsewhere?
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expat2001



Joined: 28 Jan 2006

PostPosted: Sun Jul 26, 2009 2:17 pm    Post subject: Reply with quote

im in korea. the contract doesnt start until the first week of Sept.
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lifeinkorea



Joined: 24 Jan 2009
Location: somewhere in China

PostPosted: Sun Jul 26, 2009 2:42 pm    Post subject: Reply with quote

Details. We can't help you unless you tell us details.

Did you send your documents?
Are you working through a recruiter?

Give us details.
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expat2001



Joined: 28 Jan 2006

PostPosted: Sun Jul 26, 2009 3:21 pm    Post subject: Reply with quote

lifeinkorea wrote:
Details. We can't help you unless you tell us details.

Did you send your documents?
Are you working through a recruiter?

Give us details.


They have my documents. Its not thru a recruiter.
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climber159



Joined: 02 Sep 2007

PostPosted: Sun Jul 26, 2009 3:32 pm    Post subject: Reply with quote

Have they applied for your visa issuance number yet? If not, they really haven't invested much into you yet. You could man up and tell them the truth; or, you could make up a little lie like you have to go back home (reason: sick family, school, girl/boy friend, etc.) after you finish your current job.
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VFRinterceptor



Joined: 22 Jun 2009

PostPosted: Sun Jul 26, 2009 8:53 pm    Post subject: Reply with quote

BS em and get out asap.
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AwesomeA



Joined: 21 Dec 2006
Location: Yeosu

PostPosted: Sun Jul 26, 2009 9:58 pm    Post subject: Reply with quote

I was in the same situation a few years back. But, I told the hogwan the truth. They had my diploma. Result, give us 2.5 mil. won for the damages you did to our hogwan or no diploma, I didn't get my diploma back. Hopefully your school doesn't have any irreplaceable documents. BS the hell out of 'em and get your docs back.
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Whistleblower



Joined: 03 Feb 2007

PostPosted: Sun Jul 26, 2009 10:00 pm    Post subject: Reply with quote

Ask for your documents back and say you need them so that you can apply for a long distance study course. Phone them up if necessary and once you have the documents, just walk away from them.
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VFRinterceptor



Joined: 22 Jun 2009

PostPosted: Sun Jul 26, 2009 10:29 pm    Post subject: Reply with quote

AwesomeA wrote:
I was in the same situation a few years back. But, I told the hogwan the truth. They had my diploma. Result, give us 2.5 mil. won for the damages you did to our hogwan or no diploma, I didn't get my diploma back. Hopefully your school doesn't have any irreplaceable documents. BS the hell out of 'em and get your docs back.


wow, just when I thought I knew how low hogwans could go...
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expat2001



Joined: 28 Jan 2006

PostPosted: Mon Jul 27, 2009 1:10 am    Post subject: Reply with quote

Whistleblower wrote:
Ask for your documents back and say you need them so that you can apply for a long distance study course. Phone them up if necessary and once you have the documents, just walk away from them.




The problem with that , is that they'd still have the signed contract.
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Whistleblower



Joined: 03 Feb 2007

PostPosted: Tue Jul 28, 2009 10:50 pm    Post subject: Reply with quote

Whenever has a signed contract ever been any use in Korea. I do some business with a Korean agent and the battles over commission, payment, etc is such a headache (even though our contract states everything). Lucky my wife is able to communicate sensibly. It is so funny to see Korean businessmen/women freaking out when they realise they need us more than we need them.

The written contract is treated like toiletpaper and don't worry you have no obligation to fulfill the contract if you are unhappy and can even make the contract void if anything is illegal (no mention of pension, health, details of work, etc) or you were held under duress when signing the contract.
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iggyb



Joined: 29 Oct 2003

PostPosted: Wed Jul 29, 2009 3:34 am    Post subject: Reply with quote

If you visa hasn't been issued yet and you have your diploma and other vital documents yourself, you're fine.

Being your sponsor on a Visa is what gives them ownership of you - not the contract.
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I-am-me



Joined: 21 Feb 2006
Location: Hermit Kingdom

PostPosted: Wed Jul 29, 2009 7:17 am    Post subject: Reply with quote

Quote:
contract doesnt start until the first week of Sept.
You got plenty of time to get your paperwork back. What will you be doing for a month?
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Wed Jul 29, 2009 3:28 pm    Post subject: Reply with quote

Whistleblower wrote:

The written contract is treated like toiletpaper and don't worry you have no obligation to fulfill the contract if you are unhappy and can even make the contract void if anything is illegal (no mention of pension, health, details of work, etc) or you were held under duress when signing the contract.


This is not completely accurate.

Article 15 of the Korean Labor Standards Act clearly states that only those parts of the contract that are illegal will be voided.

If the actual working conditions do not match the mimimum ones set out in the KLSA then the labor contract can be voided.
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