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When does a contract become binding?
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Donkey Beer



Joined: 20 Jul 2006
PostPosted: Thu Aug 03, 2006 10:43 pm    Post subject: When does a contract become binding? Reply with quote
Just curious about how the whole thing works. Has anyone ever signed a contract and decided to say screw it the next day?

When does a contract become binding?

Is it:

-when you send a signed fax
-when the employer obtains the original signed copy
-when you send your documents to the employer to get a visa
-when you get a visa
-when you get on the plane and land on Korean soil
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Juregen



Joined: 30 May 2006
PostPosted: Thu Aug 03, 2006 11:30 pm    Post subject: Re: When does a contract become binding? Reply with quote
Donkey Beer wrote:
Just curious about how the whole thing works. Has anyone ever signed a contract and decided to say screw it the next day?

When does a contract become binding?

Is it:

-when you send a signed fax
-when the employer obtains the original signed copy
-when you send your documents to the employer to get a visa
-when you get a visa
-when you get on the plane and land on Korean soil


Good question

The answer is "The moment you signed it", but as long as they didn't receive the original contract, they can't do anything.
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Khyron



Joined: 27 Jan 2005
Location: Japan
PostPosted: Thu Aug 03, 2006 11:32 pm    Post subject: Reply with quote
In my opinion, the 'point of no return' is when immigration has all of your information as is processing your visa.

Any other thoughts?


Where'd you come up with 'Donkey Beer', BTW? Been in the bottle of absinthe lately?
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Grotto



Joined: 21 Mar 2004
PostPosted: Thu Aug 03, 2006 11:39 pm    Post subject: Reply with quote
Quote:
-when you send a signed fax
-when the employer obtains the original signed copy
-when you send your documents to the employer to get a visa
-when you get a visa
-when you get on the plane and land on Korean soil


as soon as all conditions necessary for the contract to become 'in force' have been completed.

For the contract to be valid you must have a proper degree, have signed the contract,and had your documents processed. Once the E2 is in your passport the contract becomes binding! Until then it is simply an agreement that is not in force!
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TonyD



Joined: 30 Jul 2006
Location: Ulsan
PostPosted: Fri Aug 04, 2006 1:24 am    Post subject: Reply with quote
From all I have read on the forums, the contract becomes binding when the Director decides - it is not a matter of fine points of law - it is really a matter of Korean psychology - after all, who is going to go to court to find the answer?

Common sense prevails over law.
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alabamaman



Joined: 25 Apr 2006
PostPosted: Fri Aug 04, 2006 1:34 am    Post subject: Reply with quote
TonyD wrote:
From all I have read on the forums, the contract becomes binding when the Director decides - it is not a matter of fine points of law - it is really a matter of Korean psychology - after all, who is going to go to court to find the answer?

Common sense prevails over law.


It's really a matter of Employer's blatant disregard for Korean Labor Laws, and stupidity thereof!
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Cerriowen



Joined: 03 Jun 2006
Location: Pocheon
PostPosted: Fri Aug 04, 2006 2:04 am    Post subject: Reply with quote
How about when all of Korean culture changes, and we're sucked in to an alternate universe?
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Homer
Guest
PostPosted: Fri Aug 04, 2006 2:26 am    Post subject: Reply with quote
As Grotto said, it becomes binding when the conditions stipulated in the contract that define it are completed or fulfilled.

Quick question: Why sign a contract and send it on when you were not sure?

Welching on a contract one day after you signed (or shortly thereafter) is kinda strange man...
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Donkey Beer



Joined: 20 Jul 2006
PostPosted: Fri Aug 04, 2006 2:42 am    Post subject: Reply with quote
I'm not welching on a contract or regretting signing anything. I'm just wondering what my options are while i wait for my transcripts to arrive. If something much sweeter comes by it might not be such a bad idea after all.

Also it's nice to know i can bail if the recruiter or employer piss me off.

Donkey Beer is some beer at a restaurant in Japan. I couldn't think of a name until i looked at my Donkey Beer mug.
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Homer
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PostPosted: Fri Aug 04, 2006 4:08 am    Post subject: Reply with quote
Quote:
Also it's nice to know i can bail if the recruiter or employer piss me off


Wow....good luck dude.
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Hotpants



Joined: 27 Jan 2006
PostPosted: Fri Aug 04, 2006 5:26 am    Post subject: Reply with quote
A contract can be legally binding wherever any agreement is made by 2 parties whether verbally or in writing.

You can go back on a signed contract if you haven't yet commenced the contract. Owing to costs, it's unlikely that you would be pursued, but it's still nice to think that we teachers don't typically become as underhanded as some of our employers...

You had best do as much research on any posi