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ch1can3
Joined: 30 Jan 2011
Location: US
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 Posted: Thu Feb 17, 2011 7:06 pm Post subject: Legal questions about refusing a contract? |
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| I have received an offer from EPIK and a private school. I have currently sent epik everything except a signed contract. Am I still able to refuse the offer? Is there anything they could do in law? |
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jrwhite82
Joined: 22 May 2010
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| Posted: Thu Feb 17, 2011 9:03 pm Post subject: |
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Without a signed contract by both parties there is nothing they can do. Even if you both had a signed contract, you can still cancel it.
As long as you haven't provided them any services and they haven't paid for your airfare, you can't get anything out of one another. |
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PatrickGHBusan
Joined: 24 Jun 2008
Location: Busan (1997-2008) Canada 2008 -
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| Posted: Fri Feb 18, 2011 5:34 am Post subject: |
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Not signed = not commited.
They important step here is the work visa. Once you have that in hand, you are commited to the job and changing would be more difficult. |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Fri Feb 18, 2011 7:23 am Post subject: Re: Legal questions about refusing a contract? |
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| ch1can3 wrote: |
| I have received an offer from EPIK and a private school. I have currently sent epik everything except a signed contract. Am I still able to refuse the offer? Is there anything they could do in law? |
For most things in life, an oral argeement constitutes a valid and binding contract. The problem generally is that oral contracts are often difficult to prove if the parties don't fulfill the contract willingly.
If you have made an oral agreement to hire or work for someone, this can be a valid contract. Failing to sign the paperwork necessary to secure a visa, including failure to sign and return the written contract, could constitute breach of contract. Of course, proving the existence of a binding oral contract will be problematic.
The fact that you have sent in your other documents, however, could be used as evidence of a binding oral agreement. This makes one wonder why you would hand over all your other documents before accepting a position and signing a contract. You should always keep all of your documents until you have found the job that you actually want.
In any case, since getting an E2 visa is a requirement to work legally in Korea, and since you have to sign a contract to do so, and since the contract contains the terms and conditions of the position that were not likely discussed in full, and since you have to review the contract before signing, it would be virtually impossible for either party to claim that a contract existed between the parties based on an oral agreement that occured prior to the teacher having the opportunity to review, consider, sign and return the contract. Further, since the school may send out contracts as a matter of information and discussion rather than as an actual offer of employment, it could be nearly impossible for a teacher to hold a school to a contract prior to the contract being signed by an authorized representative of the shcool.
Once a contract between the parties has been signed, however, it is a binding agreement. Absent any contractual terms to the contrary, the parties are bound and liable for damages for breach of contract from that point forward should either party, you or the school, fail to honor the contract. Pursuit of legal remedies or damages by either party, however, would remain difficult, timely and expensive. And both parties would be subject to the requirement to mitigate the damages incurred.
The new visa rules which allow an E2 teacher, who is already working in Korea with an E2 visa, to start a new position by reporting to Immigration after beginning the new job, instead of the old rules that required permission from Immigration before hand, will make this aspect of contract law more salient in the future, as teachers who have not yet begun a new position may be tempted to break a signed contract where they have not yet actually begun working, in pursuit of greener pastures. Likewise, schools may be tempted to break such contracts at the last minute in order to secure a more desireable teacher.
I expect that, over the next few months and years, we shall hear of many problems, complaints and pursuit of legal claims due to the new rules. Should it become comonplace for teachers and/or schools to make and break such transfer employment agreements prior to actual commencement of work, we could see the rules changed back again as a response to complaints of the injured parties.
In order to avoid complications and potential legal ramifications the safest personal habit would be to remember the virtuous adage, "your word is your bond." |
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