Site Search:
 
Speak Korean Now!
Teach English Abroad and Get Paid to see the World!
Korean Job Discussion Forums Forum Index Korean Job Discussion Forums
"The Internet's Meeting Place for ESL/EFL Teachers from Around the World!"
 
 FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister 
 ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in 

When does a contract become binding?
Goto page 1, 2  Next
 
Post new topic   Reply to topic    Korean Job Discussion Forums Forum Index -> Job-related Discussion Forum
View previous topic :: View next topic  
Author Message
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
Back to top
View user's profile Send private message
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.
Back to top
View user's profile Send private message
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?
Back to top
View user's profile Send private message
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!
Back to top
View user's profile Send private message
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.
Back to top
View user's profile Send private message Send e-mail
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!
Back to top
View user's profile Send private message
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?
Back to top
View user's profile Send private message
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...
Back to top
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.
Back to top
View user's profile Send private message
Homer
Guest




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.
Back to top
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 position before you sign a contract.
Back to top
View user's profile Send private message
Khyron



Joined: 27 Jan 2005
Location: Japan

PostPosted: Fri Aug 04, 2006 5:38 am    Post subject: Reply with quote

Grotto wrote:
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!
Nice to see that Grotto is consistant in giving a straight forward and honest answer. Most people here do not do that.

Donkey Beer, in my opinion, the advice that this guy gives out is usually very good and to the point. You'd do well to listen to him, and ignore most other gibberish.
Back to top
View user's profile Send private message
Donkey Beer



Joined: 20 Jul 2006

PostPosted: Fri Aug 04, 2006 7:18 am    Post subject: Reply with quote

Homer wrote:
Quote:
Also it's nice to know i can bail if the recruiter or employer piss me off


Wow....good luck dude.


You can buy muscles but you can't buy cajones. Cool
Back to top
View user's profile Send private message
PaperTiger



Joined: 31 May 2005
Location: Ulaanbataar

PostPosted: Fri Aug 04, 2006 1:37 pm    Post subject: Reply with quote

A contract is a Western device adopted in Korea to lull foreigners into complacency and obligation, while most bosses will admit no obligation to fulfill the terms of the contract as it applies to them.
Back to top
View user's profile Send private message
ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Fri Aug 04, 2006 2:36 pm    Post subject: Reply with quote

A contract becomes binding the moment both parties have agreed to the contract. Contracts can be verbal, but the employment contracts here are generally written. If it is a written contract, it becomes binding when you sign the contract. From that point forward you operate under the provisions of the contract.

If you choose to break your contract after signing it, you must do so under the terms of the contract. Some contracts have escape clauses, others have notification requirements for contract termination. The losses incurred by a breach of contract can cause severe injury to the other party.

If you sign up to work at a school and then don't show up, you could severely damage the school. If they are unable to replace you by your scheduled starting date, they could loose all the students you were intended to teach - forever. Your damage to the school would be substantial.

You need to do your research on the school and study your contract BEFORE you agree to it or sign.

You should not sign a contract if you are not prepared to honor it.
Back to top
View user's profile Send private message
Display posts from previous:   
Post new topic   Reply to topic    Korean Job Discussion Forums Forum Index -> Job-related Discussion Forum All times are GMT - 8 Hours
Goto page 1, 2  Next
Page 1 of 2

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum


This page is maintained by the one and only Dave Sperling.
Contact Dave's ESL Cafe
Copyright © 2018 Dave Sperling. All Rights Reserved.

Powered by phpBB © 2001, 2002 phpBB Group

TEFL International Supports Dave's ESL Cafe
TEFL Courses, TESOL Course, English Teaching Jobs - TEFL International