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kardisa
Joined: 26 Jun 2009 Location: Masan
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Posted: Tue Mar 15, 2011 6:30 pm Post subject: How to get out of a signed contract? |
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I found a position through a recruiter that seemed to match my preferences and signed the contract thinking that I would be able to leave my current job on April 1. Unfortunately, my current boss had other plans and now wants me to stay until the 15th if I want a release letter (which I do).
I mentioned this problem to my recruiter, and she told me that the school said I MUST start work on April 1st. Since this isn't possible, I gave them my apologies and started looking for a job that starts at the end of the month. Everything seemed to be fine, but then I got this email from my recruiter:
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You have signed the contract and the school will take the your signed contract to the labor department ... The school has lost alot because of you.. They could have finished there lease but resigned again because of you.. |
The lease in question is on a 2 bedroom apartment that apparently they were hoping to get rid of. Anyway, all I need to know, dear readers, is whether or not they can in fact prevent me from getting another job in Korea. They now say they will wait for me till the 15th, but I most certainly don't want to work for people who have threatened me. |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Tue Mar 15, 2011 6:43 pm Post subject: |
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The recruiter is blowing smoke at you.
a) The contract is NON-binding until the paperwork for the visa transfer is complete.
b) The labor office won't do anything about it.
c) Worst case - they try to sue for out of pocket expenses but they won't win (see (a).
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Louis VI
Joined: 05 Jul 2010 Location: In my Kingdom
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Posted: Tue Mar 15, 2011 6:47 pm Post subject: |
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Grow up and realize they were asserting a negotiating position.
Do the job you signed the contract for. You're making too much of their reaction. Let it go and get past it.
Or *beep* them over and leave the country, breaking your contract. If they blacklist you with immi they would be wholly within their right. You will have cost them money. Not to mention the greater inconvenience of the timing in terms of finding a replacement teacher.
Forgive them if you are Christian and see no issue here. Thank them for waiting the two weeks and go and do your job. You will look back on this as next to nothing six months from now. Really. |
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kardisa
Joined: 26 Jun 2009 Location: Masan
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Posted: Tue Mar 15, 2011 6:55 pm Post subject: |
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Louis VI wrote: |
Grow up and realize they were asserting a negotiating position.
Do the job you signed the contract for. You're making too much of their reaction. Let it go and get past it.
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I can only make decisions based on information I have at the time. I was told that I had to start on the 1st, I found out I was unable to, and therefore started looking for another, later, position. This was only logical. The only reason I posted this was so I could find out if they could actually take me to the labor board. If the answer was 'yes', then I'd need to reconsider my options.
Ttompatz - Thank you for the information. |
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ontheway
Joined: 24 Aug 2005 Location: Somewhere under the rainbow...
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Posted: Tue Mar 15, 2011 10:16 pm Post subject: |
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The above posters are misinformed.
Contracts are binding from the date signed.
What does your contract actually say. It may have terms that enable you to escape because you are unable to fulfill the contract for some reason.
Your liability will be for any financial damages they incur, including lost rent or deposits or lost tuition. If these amounts are small they may not sue you. |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Tue Mar 15, 2011 10:21 pm Post subject: |
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ontheway wrote: |
The above posters are misinformed.
Contracts are binding from the date signed.
What does your contract actually say. It may have terms that enable you to escape because you are unable to fulfill the contract for some reason.
Your liability will be for any financial damages they incur, including lost rent or deposits or lost tuition. If these amounts are small they may not sue you. |
LAW trumps contract.
The labor standards act says they CANNOT penalize an employee for non performance of a labor contract other than termination of employment.
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ontheway
Joined: 24 Aug 2005 Location: Somewhere under the rainbow...
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Posted: Tue Mar 15, 2011 10:22 pm Post subject: |
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ttompatz wrote: |
ontheway wrote: |
The above posters are misinformed.
Contracts are binding from the date signed.
What does your contract actually say. It may have terms that enable you to escape because you are unable to fulfill the contract for some reason.
Your liability will be for any financial damages they incur, including lost rent or deposits or lost tuition. If these amounts are small they may not sue you. |
LAW trumps contract.
The labor standards act says they CANNOT penalize an employee for non performance of a labor contract other than termination of employment.
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However, they can still sue in civil court for damages, win and collect.
This part of contract law trumps labor law. |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Tue Mar 15, 2011 10:26 pm Post subject: |
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ontheway wrote: |
ttompatz wrote: |
ontheway wrote: |
The above posters are misinformed.
Contracts are binding from the date signed.
What does your contract actually say. It may have terms that enable you to escape because you are unable to fulfill the contract for some reason.
Your liability will be for any financial damages they incur, including lost rent or deposits or lost tuition. If these amounts are small they may not sue you. |
LAW trumps contract.
The labor standards act says they CANNOT penalize an employee for non performance of a labor contract other than termination of employment.
. |
However, they can still sue in civil court for damages, win and collect.
This part of contract law trumps labor law. |
Nope. You cannot contract to break the law and unless the contract specifically states the "employee" is responsible for said incurred losses (like the clauses regarding return of airfare) they won't get anything.
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ontheway
Joined: 24 Aug 2005 Location: Somewhere under the rainbow...
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Posted: Tue Mar 15, 2011 10:48 pm Post subject: |
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ttompatz wrote: |
ontheway wrote: |
ttompatz wrote: |
ontheway wrote: |
The above posters are misinformed.
Contracts are binding from the date signed.
What does your contract actually say. It may have terms that enable you to escape because you are unable to fulfill the contract for some reason.
Your liability will be for any financial damages they incur, including lost rent or deposits or lost tuition. If these amounts are small they may not sue you. |
LAW trumps contract.
The labor standards act says they CANNOT penalize an employee for non performance of a labor contract other than termination of employment.
. |
However, they can still sue in civil court for damages, win and collect.
This part of contract law trumps labor law. |
Nope. You cannot contract to break the law and unless the contract specifically states the "employee" is responsible for said incurred losses (like the clauses regarding return of airfare) they won't get anything.
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You are very confused and giving very bad advice.
Labor law only prohibits predetermined penalties. It does not and cannot prevent either injured party from seeking damages in a civil suit.
Breech of contract can always be remedied in a civil court. The labor office has no say over civil courts just as they have no say over tax or pension rules. The courts have jurisdiction beyond the labor office. |
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earthquakez
Joined: 10 Nov 2010
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Posted: Tue Mar 15, 2011 11:57 pm Post subject: |
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Kardisa - I'd listen to ttompattz if I were you. He's got the reputation of having a perfect score when it comes to knowledge of the ins and outs of contracts, labour issues, recruiters, and just about anything to do with living and working in Korea.
To add my half pence worth, a friend of a friend had problems with a recruiter carrying on in an incredibly disrespectful way. They were no newbie but a very experienced and credible teacher. They signed a contract with a school and a visa number was issued but in the end the recruiter threw a tantrum because they asked him what we would recognise as all the right questions to ask whereas he just wanted them to shut up and do as he told them.
The final thing that made this recruiter go hysterical was the teacher asked why they could not make their own way to the school as they had to do some things in Korea prior to the contract commencing. They were also paying for their own airfare upfront.
The recuiter wouldn't budge from demanding he take them 5 days before the contract started to the school. Remember, we are talking about an experienced teacher here who had worked in Korea before. This recruiter went into meltdown (I saw the emails) and screwed up the teacher's opportunity before they had even got the visa number processed.
They had signed the contract BUT theirs was the only signature on the contract. The school did not give them a copy with a school rep's signature on it. If this was the same in your case, the employer has even less of a case. So don't worry.
Re the teacher they can't get another job for a few months thanks to the visa regs and KImmi has their expensive documents and won't return them so they have to do everything again if they want to work in Korea again. The teacher is too nice - if I were them I would blacklist a recruiter like that on as many relevant websites as I could. |
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millyfrend
Joined: 29 Apr 2010
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Posted: Thu Mar 17, 2011 8:32 am Post subject: Re: How to get out of a signed contract? |
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Talk to the recruiter or person you signed with.
kardisa wrote: |
I found a position through a recruiter that seemed to match my preferences and signed the contract thinking that I would be able to leave my current job on April 1. Unfortunately, my current boss had other plans and now wants me to stay until the 15th if I want a release letter (which I do).
I mentioned this problem to my recruiter, and she told me that the school said I MUST start work on April 1st. Since this isn't possible, I gave them my apologies and started looking for a job that starts at the end of the month. Everything seemed to be fine, but then I got this email from my recruiter:
Quote: |
You have signed the contract and the school will take the your signed contract to the labor department ... The school has lost alot because of you.. They could have finished there lease but resigned again because of you.. |
The lease in question is on a 2 bedroom apartment that apparently they were hoping to get rid of. Anyway, all I need to know, dear readers, is whether or not they can in fact prevent me from getting another job in Korea. They now say they will wait for me till the 15th, but I most certainly don't want to work for people who have threatened me. |
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RMNC

Joined: 21 Jul 2010
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Posted: Thu Mar 17, 2011 5:43 pm Post subject: |
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Breech of contract can always be remedied in a civil court. The labor office has no say over civil courts just as they have no say over tax or pension rules. The courts have jurisdiction beyond the labor office. |
True, but any employer trying to sue their employee for damages over quitting their job is going to lose. If he was registered as a contractor he might have issues, but employees are mostly off-limits for that type of litigation. The best they could do would be to get their early resignation penalties upheld, if there even were any at all. |
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