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Donkey Beer

Joined: 20 Jul 2006
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Posted: Thu Aug 03, 2006 10:43 pm Post subject: When does a contract become binding? |
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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
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Posted: Thu Aug 03, 2006 11:30 pm Post subject: Re: When does a contract become binding? |
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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
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Posted: Thu Aug 03, 2006 11:32 pm Post subject: |
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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
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Posted: Thu Aug 03, 2006 11:39 pm Post subject: |
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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
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Posted: Fri Aug 04, 2006 1:24 am Post subject: |
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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
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Posted: Fri Aug 04, 2006 1:34 am Post subject: |
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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
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Posted: Fri Aug 04, 2006 2:04 am Post subject: |
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How about when all of Korean culture changes, and we're sucked in to an alternate universe? |
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Homer Guest
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Posted: Fri Aug 04, 2006 2:26 am Post subject: |
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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
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Posted: Fri Aug 04, 2006 2:42 am Post subject: |
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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 Guest
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Posted: Fri Aug 04, 2006 4:08 am Post subject: |
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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
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Posted: Fri Aug 04, 2006 5:26 am Post subject: |
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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. |
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Khyron
Joined: 27 Jan 2005 Location: Japan
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Posted: Fri Aug 04, 2006 5:38 am Post subject: |
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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. |
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Donkey Beer

Joined: 20 Jul 2006
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Posted: Fri Aug 04, 2006 7:18 am Post subject: |
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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.  |
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PaperTiger

Joined: 31 May 2005 Location: Ulaanbataar
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Posted: Fri Aug 04, 2006 1:37 pm Post subject: |
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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. |
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ontheway
Joined: 24 Aug 2005 Location: Somewhere under the rainbow...
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Posted: Fri Aug 04, 2006 2:36 pm Post subject: |
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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. |
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