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kardisa
Joined: 26 Jun 2009
Location: Masan
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 Posted: Tue Mar 15, 2011 6:30 pm Post subject: How to get out of a signed contract? |
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I found a position through a recruiter that seemed to match my preferences and signed the contract thinking that I would be able to leave my current job on April 1. Unfortunately, my current boss had other plans and now wants me to stay until the 15th if I want a release letter (which I do).
I mentioned this problem to my recruiter, and she told me that the school said I MUST start work on April 1st. Since this isn't possible, I gave them my apologies and started looking for a job that starts at the end of the month. Everything seemed to be fine, but then I got this email from my recruiter:
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| You have signed the contract and the school will take the your signed contract to the labor department ... The school has lost alot because of you.. They could have finished there lease but resigned again because of you.. |
The lease in question is on a 2 bedroom apartment that apparently they were hoping to get rid of. Anyway, all I need to know, dear readers, is whether or not they can in fact prevent me from getting another job in Korea. They now say they will wait for me till the 15th, but I most certainly don't want to work for people who have threatened me. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Tue Mar 15, 2011 6:43 pm Post subject: |
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The recruiter is blowing smoke at you.
a) The contract is NON-binding until the paperwork for the visa transfer is complete.
b) The labor office won't do anything about it.
c) Worst case - they try to sue for out of pocket expenses but they won't win (see (a).
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Louis VI
Joined: 05 Jul 2010
Location: In my Kingdom
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| Posted: Tue Mar 15, 2011 6:47 pm Post subject: |
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Grow up and realize they were asserting a negotiating position.
Do the job you signed the contract for. You're making too much of their reaction. Let it go and get past it.
Or *beep* them over and leave the country, breaking your contract. If they blacklist you with immi they would be wholly within their right. You will have cost them money. Not to mention the greater inconvenience of the timing in terms of finding a replacement teacher.
Forgive them if you are Christian and see no issue here. Thank them for waiting the two weeks and go and do your job. You will look back on this as next to nothing six months from now. Really. |
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kardisa
Joined: 26 Jun 2009
Location: Masan
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| Posted: Tue Mar 15, 2011 6:55 pm Post subject: |
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| Louis VI wrote: |
Grow up and realize they were asserting a negotiating position.
Do the job you signed the contract for. You're making too much of their reaction. Let it go and get past it.
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I can only make decisions based on information I have at the time. I was told that I had to start on the 1st, I found out I was unable to, and therefore started looking for another, later, position. This was only logical. The only reason I posted this was so I could find out if they could actually take me to the labor board. If the answer was 'yes', then I'd need to reconsider my options.
Ttompatz - Thank you for the information. |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Tue Mar 15, 2011 10:16 pm Post subject: |
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The above posters are misinformed.
Contracts are binding from the date signed.
What does your contract actually say. It may have terms that enable you to escape because you are unable to fulfill the contract for some reason.
Your liability will be for any financial damages they incur, including lost rent or deposits or lost tuition. If these amounts are small they may not sue you. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Tue Mar 15, 2011 10:21 pm Post subject: |
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| ontheway wrote: |
The above posters are misinformed.
Contracts are binding from the date signed.
What does your contract actually say. It may have terms that enable you to escape because you are unable to fulfill the contract for some reason.
Your liability will be for any financial damages they incur, including lost rent or deposits or lost tuition. If these amounts are small they may not sue you. |
LAW trumps contract.
The labor standards act says they CANNOT penalize an employee for non performance of a labor contract other than termination of employment.
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Tue Mar 15, 2011 10:22 pm Post subject: |
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| ttompatz wrote: |
| ontheway wrote: |
The above posters are misinformed.
Contracts are binding from the date signed.
What does your contract actually say. It may have terms that enable you to escape because you are unable to fulfill the contract for some reason.
Your liability will be for any financial damages they incur, including lost rent or deposits or lost tuition. If these amounts are small they may not sue you. |
LAW trumps contract.
The labor standards act says they CANNOT penalize an employee for non performance of a labor contract other than termination of employment.
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However, they can still sue in civil court for damages, win and collect.
This part of contract law trumps labor law. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Tue Mar 15, 2011 10:26 pm Post subject: |
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| ontheway wrote: |
| ttompatz wrote: |
| ontheway wrote: |
The above posters are misinformed.
Contracts are binding from the date signed.
What does your contract actually say. It may have terms that enable you to escape because you are unable to fulfill the contract for some reason.
Your liability will be for any financial damages they incur, including lost rent or deposits or lost tuition. If these amounts are small they may not sue you. |
LAW trumps contract.
The labor standards act says they CANNOT penalize an employee for non performance of a labor contract other than termination of employment.
. |
However, they can still sue in civil court for damages, win and collect.
This part of contract law trumps labor law. |
Nope. You cannot contract to break the law and unless the contract specifically states the "employee" is responsible for said incurred losses (like the clauses regarding return of airfare) they won't get anything.
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Tue Mar 15, 2011 10:48 pm Post subject: |
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| ttompatz wrote: |
| ontheway wrote: |
| ttompatz wrote: |
| ontheway wrote: |
The above posters are misinformed.
Contracts are binding from the date signed.
What does your contract actually say. It may have terms that enable you to escape because you are unable to fulfill the contract for some reason.
Your liability will be for any financial damages they incur, including lost rent or deposits or lost tuition. If these amounts are small they may not sue you. |
LAW trumps contract.
The labor standards act says they CANNOT penalize an employee for non performance of a labor contract other than termination of employment.
. |
However, they can still sue in civil court for damages, win and collect.
This part of contract law trumps labor law. |
Nope. You cannot contract to break the law and unless the contract specifically states the "employee" is responsible for said incurred losses (like the clauses regarding return of airfare) they won't get anything.
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You are very confused and giving very bad advice.
Labor law only prohibits predetermined penalties. It does not and cannot prevent either injured party from seeking damages in a civil suit.
Breech of contract can always be remedied in a civil court. The labor office has no say over civil courts just as they have no say over tax or pension rules. The courts have jurisdiction beyond the labor office. |
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earthquakez
Joined: 10 Nov 2010
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