Korean Job Discussion Forums

specspecimen · Joined: 23 Apr 2014 Location: USA

So we signed a contract at a school starting in 4 months and sent that contract back to them via email, however we were offered another job that is simply better in all aspects. We have not sent any documents over to them but have all of our documents ready to go.

Are we okay to back out of that contract and accept the other one?

thanks!

tob55 · Joined: 29 Apr 2007

Kepler · Joined: 24 Sep 2007

A signed contract really has no validity until it is approved by immigration. Immigration won't approve it without the necessary accompanying documents. Four months is plenty of time to find new teachers. You could make something up- like one of you has been diagnosed with cancer. That would help your recruiter save face when he tells the school the bad news.

Troglodyte · Joined: 06 Dec 2009

The contract is mainly for the benefit of the employee. You're legally allowed to terminate it at any time before or after you start working there. The only problem will be after you send them your documents. If they apply for a visa issuance number (along with all the necessary docs) then immigration won't let you apply for a new visa until the first one expires or is cancelled. To cancel it, you have to first get the visa and then go to Korea (can't cancel it from abroad). If you get the VIN but don't use it, it will expire within 3 months.

So.... if you haven't send docs yet, you're clear.

watergirl · Joined: 01 Jul 2008 Location: Ansan, south korea

How sure are you guys about this?
I also feel that you are right though. I'm kinda in the same position as them.
I guess, they do have the option of suing you, but I kinda think they wouldn't bother.
I'm waiting on a really good afteschool job, which only can give me a job if the school picks their company. Trouble is, the school will not announce their decision until all the aferschool jobs are filled.
So, I have been offered another job, and they want me to sign ASAP.

But, actually, really the after school contracts are not that valid until the teacher signs a different contract with the principal bc only the school can sponsor them at immigration.

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

There is NO repercussion for terminating a labor contract at any time, with or without notice.

You are protected by labor law and a "labor contract" is defined in labor law as is the prohibition against penalty for non performance by an employee so there is no confusion with other forms of contract.

As long as you have not begun the visa process there is no repercussion other than idle threats from the recruiter who is now not going to get paid.

IF you have send your documents there are repercussions insofar as once immigration has issued a "visa confirmation number" they will NOT issue another one until that one expires (90 days). If you are out of the country for 90 days then you need to obtain a NEW set of apostilled documents. Your old ones are GONE.

If you have actually gone as far as obtaining a visa then you are pretty much hooped until the actual visa entry permission expires (90 days for most, 1 year for Americans).

.

watergirl · Joined: 01 Jul 2008 Location: Ansan, south korea

But, then why do they bother with the contract?
Isn't it binding legally at least civilly? As in they could sue you if they wanted to?

watergirl · Joined: 01 Jul 2008 Location: Ansan, south korea

Koreans, as well, sign contracts don't they. But, I guess maybe it's more to specify the terms of working conditions.

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

perhaps a look at the labor standards acts might be in order.

http://www.moel.go.kr/english/poli/poliLaw_view.jsp?idx=254&tab=6

.