| View previous topic :: View next topic |
| Author |
Message |
Ghost_Gorilla
Joined: 25 Nov 2012
|
 Posted: Wed Dec 03, 2014 4:47 pm Post subject: Backing out of contract? |
 |
|
I know this has been answered before, but every situation is different. Just hoping for bit of feedback.
I am already in Korea. Had an E-2 visa from my previous job, and signed a contract that starts in March to a new E-2 position. Also e-mailed the recruiter a scanned passport and ARC card. However, I had some doubts, so got a D10 visa before they could lock me in. The job looked very promising, then saw their housing conditions and changed my mind very quickly. I am definitely going to back out.
Can anyone who has direct experience please confirm these facts:
1. I have heard people say that contracts here aren't valid here until they actually start. True?
2. I have also read that any contract that is written in English is meaningless here anyway. True?
3. What is the absolute worst damage that a spiteful recruiter or boss ca do to me in this situation? Since they have my passport info and ARC info, could they call immigration and make any problems for me when I sign a different contract? (I know this is unlikely; just covering all the bases).
Thanks! |
|
| Back to top |
|
 |
Cave Dweller
Joined: 17 Aug 2014
Location: Seoul
|
| Posted: Wed Dec 03, 2014 8:49 pm Post subject: |
|
|
As far as I know, yes on numbers 1 and 2. Number 3 depends on how spiteful they are. They can try to blacklist you but as far as visa troubles, I dont see how. You are on a D10 and not under thei umbrella.
Are you letting them know now that you are backing out? Or is it a post Christmas surprise? |
|
| Back to top |
|
|
Cave Dweller
Joined: 17 Aug 2014
Location: Seoul
|
| Posted: Wed Dec 03, 2014 8:52 pm Post subject: |
|
|
| Just curious to what was so bad about the housing to make you back out of a contract. |
|
| Back to top |
|
|
Ghost_Gorilla
Joined: 25 Nov 2012
|
| Posted: Wed Dec 03, 2014 11:04 pm Post subject: |
|
|
I am going to let them know tommorow. The apartment was right next to a woodcutting shop. Since I would be working afternoons, my mornings would be spent cringing at the deafening sound of a buzzsaw cutting through half-meter thick logs.
Also, I saw some mold problems which I pointed out. They claimed that they would move me to an interior room, in which mold would be less of a problem. While it is true that less moisture would be in rooms on the interior of the building, mold spores can travel through the air making it likely that all of the rooms have mold. They also told me that they would wallpaper over any mold that is found, which almost made me laugh. This idiotic practice is unbelievably common here.
Also really, really small. Shitty neighborhood. I could go on. |
|
| Back to top |
|
|
ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
|
| Posted: Thu Dec 04, 2014 12:22 am Post subject: Re: Backing out of contract? |
|
|
| Ghost_Gorilla wrote: |
I know this has been answered before, but every situation is different. Just hoping for bit of feedback.
I am already in Korea. Had an E-2 visa from my previous job, and signed a contract that starts in March to a new E-2 position. Also e-mailed the recruiter a scanned passport and ARC card. However, I had some doubts, so got a D10 visa before they could lock me in. The job looked very promising, then saw their housing conditions and changed my mind very quickly. I am definitely going to back out.
Can anyone who has direct experience please confirm these facts:
1. I have heard people say that contracts here aren't valid here until they actually start. True?
2. I have also read that any contract that is written in English is meaningless here anyway. True?
3. What is the absolute worst damage that a spiteful recruiter or boss ca do to me in this situation? Since they have my passport info and ARC info, could they call immigration and make any problems for me when I sign a different contract? (I know this is unlikely; just covering all the bases).
Thanks! |
1) 1/2 true. They are NOT valid before your status of sojourn is transferred to the new employer and even then there is little to hold you there (employees are protected from liability for non-performance of an employment contract).
2) Not true but hard to get it enforced before you get it translated (since the court and labor officers usually can't read English).
3) If you haven't changed your status to E2 there is NOTHING they can legally do to you. YOU need to go to immigration and get your ARC (status of sojourn) changed or you are not bound.
. |
|
| Back to top |
|
|
Troglodyte
Joined: 06 Dec 2009
|
| Posted: Fri Dec 05, 2014 2:12 am Post subject: Re: Backing out of contract? |
|
|
| ttompatz wrote: |
| Ghost_Gorilla wrote: |
I know this has been answered before, but every situation is different. Just hoping for bit of feedback.
I am already in Korea. Had an E-2 visa from my previous job, and signed a contract that starts in March to a new E-2 position. Also e-mailed the recruiter a scanned passport and ARC card. However, I had some doubts, so got a D10 visa before they could lock me in. The job looked very promising, then saw their housing conditions and changed my mind very quickly. I am definitely going to back out.
Can anyone who has direct experience please confirm these facts:
1. I have heard people say that contracts here aren't valid here until they actually start. True?
2. I have also read that any contract that is written in English is meaningless here anyway. True?
3. What is the absolute worst damage that a spiteful recruiter or boss ca do to me in this situation? Since they have my passport info and ARC info, could they call immigration and make any problems for me when I sign a different contract? (I know this is unlikely; just covering all the bases).
Thanks! |
1) 1/2 true. They are NOT valid before your status of sojourn is transferred to the new employer and even then there is little to hold you there (employees are protected from liability for non-performance of an employment contract).
2) Not true but hard to get it enforced before you get it translated (since the court and labor officers usually can't read English).
3) If you haven't changed your status to E2 there is NOTHING they can legally do to you. YOU need to go to immigration and get your ARC (status of sojourn) changed or you are not bound.
. |
I agree with 1 and 2. I agree mainly with 3 but I would add a bit to it. In theory, YOU are supposed to go to immigration to get a new ARC and change your status. BUT it's not uncommon for someone at the school (the owner, the secretary, a co-worker) to do it for you. Either way, you'd have to fill out a form and sign it. If you haven't signed any official forms then you're still in the clear. |
|
| Back to top |
|
|
sligo
Joined: 15 Oct 2008
|
| Posted: Sun Dec 14, 2014 6:08 am Post subject: |
|
|
| How would this work the other way? What if a cotract was signed and the EMPLOYER decided to terminate the contract, but the EMPLOYEE still wanted to take the job? |
|
| Back to top |
|
|
ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
|
| Posted: Sun Dec 14, 2014 2:29 pm Post subject: |
|
|
| sligo wrote: |
| How would this work the other way? What if a contract was signed and the EMPLOYER decided to terminate the contract, but the EMPLOYEE still wanted to take the job? |
During the first 6 months of employment an employer can terminate the employment of an employee without cause and without notice (labor standards act).
Employment contracts (defined under the labor standards act) are not to be confused with collective agreements (defined under the industrial relations acts).
. |
|
| Back to top |
|
|
|
FAQ
Search
Memberlist
Usergroups
Register
Profile
Log in to check your private messages
Log in
