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Lupin the Third
Joined: 22 May 2012
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Posted: Tue Jun 12, 2012 12:29 am Post subject: Can I cancel contract after being signed and sent? |
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Hi,
I hope that someone can help me with this.
It was successful with my first interview at a school, I signed the contract and send my documents to them.
However, I have recently received some negative feedback about the school regarding their vacation time and the living conditions of the apartment.
Is there any way to get out of the contract? The start date is on the 1st of July so I am still in my own country.
I still very much want to go and teach in Korea, but I am afraid that if I break the contract it might ruin my chances of working in Korea. |
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YTMND
Joined: 16 Jan 2012 Location: You're the man now dog!!
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Posted: Tue Jun 12, 2012 1:56 am Post subject: |
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| some negative feedback about the school regarding their vacation time and the living conditions of the apartment. |
1. What exactly about the vacation time?
2. Ask for photos of the apartment.
These are rather small potatoes compared to the schedule you will have to teach. What is that? Don't know?
3. What is your schedule?
I think you are prematurely jumping ship. Get more details. How do you know you won't face the same thing or worse with another school? I don't think Monty Hall had hagwons in mind when he posed the problem. |
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Lupin the Third
Joined: 22 May 2012
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Posted: Tue Jun 12, 2012 2:15 am Post subject: |
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Hi,
Thanks for your reply.
1. Vacation time is only 5 days during the summer holidays. When I asked about this, the recruitment agent told me that the school was flexible and would allow a few days other than the summer holidays. However, I spoke to a previous teacher and they informed me that outside of the summer holidays you would not get any other leave.
2. I asked for the photos of the apartment and the recruitment agent replied that they my request was too trivial to bother the director of the school with. The director did however send me pictures of the school which looks very professional. A previous teacher also informed me that the apartment does not have any air conditioning.
3. Working hours are great though; 2:40 pm to 10:00 pm.
My experience with the agent so far has been good but the recent information regarding the vacation time and not being able to see pictures of the apartment has placed a lot of doubts in my mind. |
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YTMND
Joined: 16 Jan 2012 Location: You're the man now dog!!
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Posted: Tue Jun 12, 2012 2:31 am Post subject: |
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| However, I spoke to a previous teacher and they informed me that outside of the summer holidays you would not get any other leave. |
I find that kind of hard to believe. Again your work schedule, you are willing to work non-stop if it were 10 days vacation time? In the worst of situations, I would work a lot over 1 period of time, and then the school would choose time off.
I don't know if this teacher simply requested a bad time to take vacation days.
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| I asked for the photos of the apartment and the recruitment agent replied that they my request was too trivial to bother the director of the school with. |
Not if other schools are doing it. I doubt you tried. Pull some muscle, say, "Let me see some photos of the apartment."
Why let a problem persist? This is like driving with a flat tire. Get the problem fixed.
"I need to see 1 photo of the bathroom, 1 photo of the kitchen, and 1 photo of the living area."
Simple, don't reply to them until they send you it. Repeat it ad nauseum to them. Get some backbone. If they know the word "trivial" they know the term "point and shoot".
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| Working hours are great though; 2:40 pm to 10:00 pm. |
That's not a schedule. Get the schedule. You haven't done the bare necessities here. How many classes per day? Where is a sample week? Current one will suffice. At first, they never give this, but you have to ask every other day, dragging it out. Either they send it, or you don't go. Simple as that.
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| My experience with the agent so far has been good |
Them telling you it is trivial to see photos of the apartment is not a good experience. That's like a car dealer saying you don't need to see the inside of the car.
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| the recent information regarding the vacation time and not being able to see pictures of the apartment has placed a lot of doubts in my mind |
They don't need to be your doubts. Put a foot down, request the photos and a sample schedule. The vacation time is not really a robotic thing you can put on paper. There will be days when students have a special activity that is not a holiday. Schools tend to use these as vacation days.
You haven't even touched on the surface of the curriculum, schedule, teachers, etc... of the school. You are just judging everything on the partial aspects of the outer stuff. When I went to get my new school, I just moved in, I walked inside the classrooms, I walked inside the apartment, I picked up copies of the textbooks, and I had a meal with the school (not 100% necessary but that moment usually helps solidify things in a positive or negative direction.)
One hagwon sent 14 photos of the school, computer lab, classrooms, etc...
You simply haven't done enough investigation to make the job suitable for you. It hinges on you spelling out what you want, and in this case you are letting the recruiter walk all over you. |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Tue Jun 12, 2012 2:39 am Post subject: |
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Bottom line:
IF they have your documents (rather than just a signed contract) and have applied for the visa confirmation number you are screwed for 90 days.
Kimmi will NOT issue a new visa confirmation number while one is outstanding (they expire after 90 days) and will not cancel it (while you are abroad).
Your documents are gone (k-immi won't return them and a new visa application will require new documents again).
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ewlandon
Joined: 30 Jan 2011 Location: teacher
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Posted: Tue Jun 12, 2012 2:40 am Post subject: |
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sending him photos is a waste of their time since he already signed the contract and sent them paperwork.
You're pretty stuck unless you want to cancel the contract and get all new originals of the paperwork (i.e. wait another 5 months) then you shouldnt have any problems. You're better off going. If the apt sucks tell them you want a different one. If they wont, look for another job. Get the other job to pay for the plane ticket that you will owe the first job then quit. You shouldnt have any problem finding another job if your reason for quiting is that you got here and the conditions were bad and the school was not reasonable in working with you. |
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Lupin the Third
Joined: 22 May 2012
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Posted: Tue Jun 12, 2012 2:59 am Post subject: |
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Hi,
Thanks for everyone's feedback.
I guess my only options are either to follow through with it or to postpone my plans for the next three months...
This will definitely teach me to do my homework more thoroughly in the future.
I am still waiting for my Visa though, they said that it would take about two weeks, it's been a little longer than three weeks already with no feedback yet. |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Tue Jun 12, 2012 5:26 am Post subject: |
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| Lupin the Third wrote: |
Hi,
Thanks for everyone's feedback.
I guess my only options are either to follow through with it or to postpone my plans for the next three months...
This will definitely teach me to do my homework more thoroughly in the future.
I am still waiting for my Visa though, they said that it would take about two weeks, it's been a little longer than three weeks already with no feedback yet. |
Visa confirmation number from immigration (via your employer) usually takes a week or two unless someone has left it sitting on their desk while they dithered about.
The actual visa (when you send your passport to the consulate) takes 2-4 days. In person they are often done overnight.
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ontheway
Joined: 24 Aug 2005 Location: Somewhere under the rainbow...
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Posted: Tue Jun 12, 2012 5:54 am Post subject: |
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Is this the same school you posted in the Contract Review Thread on June 5, 2012? The 5 weeks vacation and no A/C makes it sound the same. If so, try to cancel this contract before you come.
Here's what I said then:
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This is a terrible contract. Pass. The school has already revealed its true colors:
Salary is at the low end of normal. OT is low. The training pay is low - you should just get your standard pay.
Vacation: only 5 days. Most hogwans offer 10 days, some offer more.
Housing: small, under-furnished, no mention of air conditioning which you'll need.
Income taxes: Way too high. The honest rate is according to the National Tax Service website. This is what the tax office says to use. It should be well under 2%. See the FAX for a link.
Health insurance: The school will pay half of your medical expenses. Do you believe that? Sure, something small, maybe. Anything major and you'll find yourself without insurance and you are going to risk that your nice boss will pay half? If he's so generous he'd spring for your actual insurance which isn't that expensive.
Even if you sign up for health insurance, it won't be the legally required National Health Insurance. ... because ...
Pension: NO mention of pension. 4.5% withheld and matched by your school. This is also legally required. If you're from the US or Canada you get the entire 9% back.
If you do not have the National Health Insurance and Pension you are not being hired as a legal employee.
This school is callling you an employee, but the actual conditions are worse than an Independent Contractor contract. Maybe it's a great place to work and maybe you'll love it. Definitely you'll be overtaxed and not get your legally required and normal benefits that you'd get at most other schools.
This contract looks like an iron-clad guarantee that this school will cheat you.
Pass. Start over. Look for a better school. Post your resume on Dave's and find another recruiter. |
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Lupin the Third
Joined: 22 May 2012
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Posted: Tue Jun 12, 2012 6:32 am Post subject: |
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@ Ontheway. Yes, it is. When I posted the contract for review, I already signed it and was looking for a second opinion. Like I said, I really should have done my homework more thoroughly, so feeling really foolish.
Is it at all possible to cancel the contract without having to wait an additional 3 - 5 months? I do have extra sets of notarized and apostilled documentation as a back-up.
I have send my CV to a different recruiter and got a job-offer with a different school. The contract is loads better and I luckily avoided the same pitfalls of the current one. |
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ontheway
Joined: 24 Aug 2005 Location: Somewhere under the rainbow...
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Posted: Tue Jun 12, 2012 10:17 am Post subject: |
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If your documents haven't been submitted to Immigration yet, then you could tell the school that you have some kind of emergency and have them hold off on filing. It's possible, if it has been as long as you indicate, that they haven't even filed the documents.
If you're stuck and your documents have already been filed and you get your Visa Issuance Number, then some posters would advise to come ahead and take the chance that either the school will turn out to be OK, or you can leave after a few months and find something better.
If you have a VIN and don't come on that visa to that school, then you'll have to wait three months to apply again to a new school, as Ttompatz has indicated - and perhaps have little or no income for that time period.
Some places that underpay you and rip you off on taxes and benefits are still enjoyable places to work.
It's a tough call and depends on your situation. |
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YTMND
Joined: 16 Jan 2012 Location: You're the man now dog!!
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Posted: Wed Jun 13, 2012 5:57 am Post subject: |
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I wonder what would happen if you arrived in Korea, and then stayed at a hotel for a week. Just don't go to the school, don't contact them, anything. Would they cancel your visa?
The half baked scheme would be to go to immigration and ask for a D-10 (eventually). You would go and say you thought the contract was later, but since they cancelled the visa, would immigration be willing to overlook any 90 day restriction? |
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sojusucks

Joined: 31 May 2008
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Posted: Wed Jun 13, 2012 8:58 am Post subject: Re: Can I cancel contract after being signed and sent? |
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| Lupin the Third wrote: |
It was successful with my first interview at a school, I signed the contract and send my documents to them.
However, I have recently received some negative feedback about the school regarding their vacation time and the living conditions of the apartment.
Is there any way to get out of the contract? The start date is on the 1st of July so I am still in my own country.
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Yeah, the contract is only valid if you both are in Korea, so of course you can back out. Just don't expect people to be happy about it.
| ontheway wrote: |
If you have a VIN and don't come on that visa to that school, then you'll have to wait three months to apply again to a new school, as Ttompatz has indicated - and perhaps have little or no income for that time period. |
| Lupin The Third wrote: |
Is it at all possible to cancel the contract without having to wait an additional 3 - 5 months? I do have extra sets of notarized and apostilled documentation as a back-up. |
It may make finding work (during this contract's term) at another school not so easy as this school will hold the "rights" so to speak to have you work for them. Another school could negotiate for a transfer of your contract but don't expect this school to help you do that (even if you go and make a great impression). So applying in 3-5 months, if a contract has been filed with Immigration, is useless. In this case, it is best to wait until the contract period expires and find new work.
| ontheway wrote: |
If your documents haven't been submitted to Immigration yet, then you could tell the school that you have some kind of emergency and have them hold off on filing.
If you're stuck and your documents have already been filed and you get your Visa Issuance Number, then some posters would advise to come ahead and take the chance that either the school will turn out to be OK, or you can leave after a few months and find something better.
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Even with VIN, you don't have to go. That number is so you have a visa. But once again, that school will have your contract for the specified time period.
| ontheway wrote: |
Some places that underpay you and rip you off on taxes and benefits are still enjoyable places to work.
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Then come and work for me I haven't had this combination happen to me yet. And this is a rather ridiculous statement. |
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Troglodyte

Joined: 06 Dec 2009
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Posted: Wed Jun 13, 2012 9:14 am Post subject: |
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| YTMND wrote: |
I wonder what would happen if you arrived in Korea, and then stayed at a hotel for a week. Just don't go to the school, don't contact them, anything. Would they cancel your visa?
The half baked scheme would be to go to immigration and ask for a D-10 (eventually). You would go and say you thought the contract was later, but since they cancelled the visa, would immigration be willing to overlook any 90 day restriction? |
Unless things have changed recently (lots of changes in the last few years so maybe this is also outdated) then you can't transfer your visa in the first 6 months. The exception is if you have some kind of legal problem with your employer of if your employer goes out of business.
However.... he COULD cancel the visa himself once he gets here. He wouldn't need to wait for the school to do it. If he's got a second set of documents ready and he's willing to make a visa run to Japan, then theoretically he could cancel his visa right after he arrives and then go to Japan for a day. Still, it would take him at least a few weeks to get another job, assuming that he even has a new set of documents ready.
OP, since a few weeks have passed, it's very likely that the school has already sent in your documents to get a VIN.
In any case, you should have a second set of documents before you come here. Even if the school and contract sound great, you should always come with an extra set of documents. If you don't have them already, start getting another set (or 2 sets even). If you don't like the job, then just quit. You should notice within the first month or so what kind of place it is. If the boss tries to cheat you out of something that you are legally entitled to (e.g. nat'l health insurance and pension) then just report him. Don't threaten him. Just report him. It's important that you report him BEFORE he fires you. In THAT case you might get a D10. But worst case scenario is that you make a visa run to Japan.
Good luck. |
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sojusucks

Joined: 31 May 2008
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Posted: Wed Jun 13, 2012 9:15 am Post subject: |
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| YTMND wrote: |
| I wonder what would happen if you arrived in Korea, and then stayed at a hotel for a week. Just don't go to the school, don't contact them, anything. Would they cancel your visa? |
Doubtful that they would cancel the contract. You suggested that the worker violate the terms of the contract. This would beg for the school to pursue legal action and make the situation far worse for the teacher but only if they find the teacher. What I don't know is Immigration's method for handling no-show teachers -- and I wonder if schools report this. This is a good question for the free legal office in Seoul. What is Immigration's policy for handling this situation. Some near or in Seoul ask please and post reply.
| YTMND wrote: |
The half baked scheme would be to go to immigration and ask for a D-10 (eventually). You would go and say you thought the contract was later, but since they cancelled the visa, would immigration be willing to overlook any 90 day restriction? |
Are you serious!?!
If you want a D10 visa, you have to apply for it before arriving in Korea, unless already legally in country, as is their policy with all other visas. You cannot get into the country without a legal visa. Go and tell Immigration that you are an idiot and if they could please overlook any penalties for your lapse in judgement, but yet have a valid visa in your passport proving otherwise. This is a good way to get in trouble with Korean Immigration and suffer their penalties. |
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