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gyopoh
Joined: 19 Feb 2010
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 Posted: Mon Jun 21, 2010 4:08 am Post subject: consequences for breaking contract? |
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are there any consequences for breaking a contract?
there are a couple reasons why i want to.
1. owner of the hagwon decided she didnt want to give me medical insurance + pension and made me sign a new contract. really pissed me off because she basically pressured and forced me into signing a contract without these when the original contract had them in it.
2. i have an f4 visa.
if she, the owner, of the hagwon can do anything to me legally ill just tough it out but the whole bait, pressure, and switch tactic just really pisses me off. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Mon Jun 21, 2010 4:46 am Post subject: |
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You are on an F4 = JUST WALK when it is convenient to do so (the day after payday is usually best)..
In real terms there is nothing she can do. She can threaten all sorts of mayhem, fire and brimstone but realistically, it is all smoke and hot air.
If she sues you you have a counter claim because of her blatant violations of the law in regards to pension and medical insurance. If she sues, she may win but then she loses more than she can possibly gain.
Enjoy peeing in her cornflakes and walk the day when it is most convenient to you.
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smoggy
Joined: 31 Jul 2009
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| Posted: Mon Jun 21, 2010 6:41 am Post subject: |
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I left when I realized that the school was being sold (actually sold 1 month after I left). The students were leaving 30% or more left in Jan. and they had to change the schedules of all teachers and teach fewer hours. I got paid and left that Sun. I was in Incheon Sat. night and flew out the next morning. The school even wanted us to teach on Sat. to gain students.
Since leaving, I received my pension and the pension office told me that I was reported to Immigration. So what, I can't get another job until Sept. Oh well. Nothing else happened. Too much work for so little money. |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Mon Jun 21, 2010 7:20 am Post subject: Re: consequences for breaking contract? |
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| gyopoh wrote: |
are there any consequences for breaking a contract?
there are a couple reasons why i want to.
1. owner of the hagwon decided she didnt want to give me medical insurance + pension and made me sign a new contract. really pissed me off because she basically pressured and forced me into signing a contract without these when the original contract had them in it.
2. i have an f4 visa.
if she, the owner, of the hagwon can do anything to me legally ill just tough it out but the whole bait, pressure, and switch tactic just really pisses me off. |
First off, when you sign a new contract, and you gave your boss something, she had to give you something too in order to make the new contract binding. That means that you gave her something of value beyond the first contract, and she had to give you something. So what did you get? This is called "consideration" and it is required to make a binding contract, or to make a changed contract binding. If there was no consideration then the new contract would not be binding and the first contract would still be in effect.
Secondly, illegal agreements are not enforceable under contract law. That means that you cannot legally sign away your right to insurance and pension if you are legally required to have them provided to you. Of course, it is possible that you were hired under part time or temporary condidtions that make you exempt from this legal requirement. We'd have to see the actual contract and see how it stacks up against the law. |
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gyopoh
Joined: 19 Feb 2010
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| Posted: Mon Jun 21, 2010 7:27 am Post subject: |
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the only part added was that they would tax me 3.3%. otherwise, nothing else was changed save the subtraction of pension and medical insurance.
not really sure if the low tax is really anything to be considered "consideration".
i was hired on as a full time employee, getting paid salary.
as for seeing the actual contract ill probably have to dig around for an electronic copy. dont really want to spend the time typing everything out. oh, and theres no new electronic copy, that i have, with the new subtractions. |
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SeoulNate
Joined: 04 Jun 2010
Location: Hyehwa
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| Posted: Mon Jun 21, 2010 8:26 am Post subject: |
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| lol 3.3 is higher than it should be anyway |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Mon Jun 21, 2010 9:03 am Post subject: |
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| gyopoh wrote: |
the only part added was that they would tax me 3.3%. otherwise, nothing else was changed save the subtraction of pension and medical insurance.
not really sure if the low tax is really anything to be considered "consideration".
i was hired on as a full time employee, getting paid salary.
as for seeing the actual contract ill probably have to dig around for an electronic copy. dont really want to spend the time typing everything out. oh, and theres no new electronic copy, that i have, with the new subtractions. |
Essentially you've been changed from an employee to an independent contractor, although the new contract probably doesn't mention it. As an employee you should have had pension, health insurance, and income tax at 2% or so (progressive/depends on salary/see NTS site). Instead you are an "independent contractor" with 3.3% tax and no pension or ins. It could be argued that the independent contractor status is your consideration since some people would actually prefer this and benefit from it.
You could terminate your contract according to its terms, if that seems reasonable to you, since you want to try to end the contract with the least trouble. Your contract probably has some provision for 30 or 60 days' notice. However, there is a good chance you would have a battle and get cheated anyway or ...
You could take the above advice, as an F4, and quit right after payday, but risk the very slight possibility of a breach of contract suit for damages.
Finally, you have to decide what you can live with. |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Mon Jun 21, 2010 3:49 pm Post subject: Re: consequences for breaking contract? |
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| ontheway wrote: |
[q
First off, when you sign a new contract, and you gave your boss something, she had to give you something too in order to make the new contract binding. That means that you gave her something of value beyond the first contract, and she had to give you something. So what did you get? This is called "consideration" and it is required to make a binding contract, or to make a changed contract binding. If there was no consideration then the new contract would not be binding and the first contract would still be in effect.
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Could you cite the law in Korea which says such a thing? Because I thought I was pretty familiar with the labor laws in Korea and I don't recall ever reading anything about "consideration".
Thanks in advance. Always nice to know some new info. |
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gyopoh
Joined: 19 Feb 2010
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| Posted: Mon Jun 21, 2010 7:43 pm Post subject: |
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the contract states 60 days. kinda ridiculous. im almost tempted to just leave but i dont want any legal allegations following me around.
i just want to know if what they did was legal. i signed the original contract which gave me ins + pens and then once i got to the hagwon itself, after about a week of working, they changed/amended and made me sign a new contract without them. |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Tue Jun 22, 2010 7:38 am Post subject: Re: consequences for breaking contract? |
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| TheUrbanMyth wrote: |
| ontheway wrote: |
[q
First off, when you sign a new contract, and you gave your boss something, she had to give you something too in order to make the new contract binding. That means that you gave her something of value beyond the first contract, and she had to give you something. So what did you get? This is called "consideration" and it is required to make a binding contract, or to make a changed contract binding. If there was no consideration then the new contract would not be binding and the first contract would still be in effect.
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Could you cite the law in Korea which says such a thing? Because I thought I was pretty familiar with the labor laws in Korea and I don't recall ever reading anything about "consideration".
Thanks in advance. Always nice to know some new info. |
"Consideration" would not be found in labor law because it is an essential element in contract law. A contract is based on an offer and an acceptance and must have valid consideration from both parties. Consideration is what each party promises to deliver, pay or render to the other party in a contract.
There are many contracts for nominal amounts ($1, $100 etc.) in payment for much more valuable things, where the nominal amount is there in order to satisfy the requirement for valid consideration. A contract without consideration by one of the parties would be a gift, and promised gifts, unlike contracts, are generally unenforceable in court.
This requirement for consideration would then apply to new contracts replacing old ones.
Let's say you sign a contract to buy my autographed Babe Ruth baseball for $5000. Then, I balk at delivering it, so you sign a new contract to buy the baseball for $10,000. So, I deliver the baseball and you pay me $5000 and refuse to pay more. Can I collect based on the revised contract? Probably not. Unless there was some valid reason to change the contact terms, there would be no way to enforce the new higher payment amount as there was no consideration given for the additional $5000 payment. |
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CentralCali
Joined: 17 May 2007
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| Posted: Tue Jun 22, 2010 8:46 am Post subject: |
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| ontheway wrote: |
| gyopoh wrote: |
the only part added was that they would tax me 3.3%. otherwise, nothing else was changed save the subtraction of pension and medical insurance.
not really sure if the low tax is really anything to be considered "consideration".
i was hired on as a full time employee, getting paid salary.
as for seeing the actual contract ill probably have to dig around for an electronic copy. dont really want to spend the time typing everything out. oh, and theres no new electronic copy, that i have, with the new subtractions. |
Essentially you've been changed from an employee to an independent contractor, although the new contract probably doesn't mention it. As an employee you should have had pension, health insurance, and income tax at 2% or so (progressive/depends on salary/see NTS site). Instead you are an "independent contractor" with 3.3% tax and no pension or ins. It could be argued that the independent contractor status is your consideration since some people would actually prefer this and benefit from it. |
The nifty thing here, for the OP, is that the courts have already decided that this word-play using the term independent contractor doesn't fly when the contract clearly indicates that the person is an employee.
Really, it would be much more interesting if the hagweon bosses who do cheat their employees would (a) keep up with the times and (b) come up with some new way to shaft their employees. |
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