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is it possible to annul a contract within 24hrs of signing

 
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lynxesbe



Joined: 23 Aug 2006

PostPosted: Fri Sep 28, 2007 7:01 pm    Post subject: is it possible to annul a contract within 24hrs of signing Reply with quote

hi,
does anyone know the gravity of this situation? Basically I signed a teaching contract about six days prior to the actual starting date and within 24 hrs I found out about a family emergency regarding the decline of a parents health to near death and was asked to come back home.

I conveyed this situation to my prospective future employer and was told that I couldn't go because of the contract, even though it is about a week prior to the actual starting day.

They said they would fire and black list me from korean employment.

Is it possible to rescind/annul a contract within 24hrs of signing.

I feel that these people are not reasoniong with me or my situation and are simply trying to intimidate me.
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jlb



Joined: 18 Sep 2003

PostPosted: Fri Sep 28, 2007 7:33 pm    Post subject: Reply with quote

Do they have any of your documents? Have you started the visa process? If no, then you should be free and clear with no issues.

I'm also a bit confused. Are you in Korea or your home country?
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Whistleblower



Joined: 03 Feb 2007

PostPosted: Fri Sep 28, 2007 7:38 pm    Post subject: Reply with quote

As long as you don't have any working Visa and they don't have your passport, don't worry. They cannot be able to blacklist you. You are free to walk from the job and not have any repercussions.

It is probably best that you learn that they aren't diplomatic and when you are ready you will be able to find a more forgivable employer. If they reacted like this, imagine how they would treat you if you started working for them. They are only interested in investing in you so they earn a nice sum of cash rather looking after your welfare.

Good luck and keep us posted.
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spliff



Joined: 19 Jan 2004
Location: Khon Kaen, Thailand

PostPosted: Fri Sep 28, 2007 8:15 pm    Post subject: Reply with quote

No problem...Just slip out the back, jack Make a new plan, stan You don't need to be coy, roy Just get yourself free Hop on the bus, gus You dont need to discuss much ... Laughing
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MarionG



Joined: 14 Sep 2006

PostPosted: Fri Sep 28, 2007 8:47 pm    Post subject: Reply with quote

Although a few school owners/directors seem not to know this, slavery is illegal in Korea. The worst that can happen is that you won't be able to come back until your visa has expired (that's one year) but that only applies if you already have an E-2 visa.

If they have your documents, and won't give them back (diploma, passport, transcript, whatever) tell them you are calling the police and reporting them stolen. If they have your passport, call the embassy...this is one of the few things an embassy WILL do something about.
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spliff



Joined: 19 Jan 2004
Location: Khon Kaen, Thailand

PostPosted: Fri Sep 28, 2007 8:52 pm    Post subject: Reply with quote

^Well if he gave all that stuff to them I for one says that he deserves to have it stolen just on the basis of severe stupidity... Very Happy
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garykasparov



Joined: 27 May 2007

PostPosted: Fri Sep 28, 2007 10:20 pm    Post subject: Reply with quote

OP,

I don't reccomend this but you're screwed if you get caught. Really screwed. Type off a copy of the English Version of the letter of release below;

Letter of Consent to Release Foreign English Teacher

Employee Name:

Nationality:

Passport No.:

Employee Address:

Phone No.:

The above-person has been working at our school/academy from MONTH DAY, 2007 to MONTH DAY, 2007 in the position of Foreign English teacher. We hereby give our consent to the transfer of said person to work for another English school/academy.

Date: MONTH DAY, 2007

School Name:

School Address:

Phone No.:

Employer Signature:

_____________________________________________________

Employee Signature:

_____________________________________________________


/ stamp /

Type of three copies (3). One for immigration, one for you, and one for your boss. Do not type this letter of release at your school. Do it at a PC Bong. The trick is finding a Korean who's willing to sign your directors name in Korean on the "Employer Signature" line. Find someone reasonable not some podunk. It's crucial that you find the school stamp, not the revenue stamp, but the stamp your boss stamped your labor contract with. Stamp all three copies of this letter of release with it. Do not get caught doing this or your balls/*beep* will be in a ringer. Hagwon owners always keep these under lock and key and do so for a good reason. As far as the PC bong, go to one far away and not close to the school. Immigration opens up around 9:00. Arrive at 8:30 on Friday. Be the first person to speak with an immigration official. Present the letter of release to them. They'll want your employer's phone number. Tell them, "I'm sorry I don't have the school number." If things go smooth from there, then you wont need to fork it over. Bring his cell phone number just in case. Don't let them know you have it. Give it to them as a last resort if they ask for it. They may tell you, "Your employer has to come down with you." Say, "We mutually agreed when we signed the letter of release. We signed with no problems. He said the letter of release is the same {2 second pause} as us coming together to cancel the visa. He said not to worry and no problems." Speak to them slowly though. The other trick is, how do you get the boss your letter of release. That may be difficult. If you can get into the school, then stick it in his filing cabinet where he'll have a hard time finding it. OR, slide a copy of it under his door before you leave for immigration. Move out of your apartment, all of your documents/clothing/etc., Thursday night because he'll come over to your apartment and shit will hit the fan.


Last edited by garykasparov on Fri Sep 28, 2007 10:31 pm; edited 1 time in total
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lynxesbe



Joined: 23 Aug 2006

PostPosted: Fri Sep 28, 2007 10:31 pm    Post subject: rescinding a signed contract within 24hrs ? Reply with quote

Thank you everyone for your generous and constructive support.

To answer a few question and comments;

I have not generated a visa from this employer yet however they are in the process of getting the visa number.....
I agree that this reaction on their part has been extreme and it definitely has sent a few red flags......
They do have some paperwork/documents(used for the visa process?) of mine, such as a diploma and a few sealed transcripts though nothing which can't be replaced with a phone call, and they do not have my passport which is a +....

So when does a contract hold one's feet to the fire?

Thanks again! everyone! hopefully I will be able to return the favor/wisdom in the future!

Quote:
(Still here I carry my old delicious burdens,
I carry them, men and women, I carry them with me wherever I go,
I swear it is impossible for me to get rid of them,
I am fill'd with them, and I will fill them in return.) ... W. Whitman
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sat Sep 29, 2007 12:07 am    Post subject: Re: rescinding a signed contract within 24hrs ? Reply with quote

lynxesbe wrote:


So when does a contract hold one's feet to the fire?



When the visa issuance number has been applied for.

At that point you will not be able to get another one until the first one expires (90 days).

You are really stuck when you get the E2 affixed into your passport AND enter Korea to activiate it. At that point you are committed to a year.
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thegadfly



Joined: 01 Feb 2003

PostPosted: Sat Sep 29, 2007 3:12 am    Post subject: Reply with quote

Please realize that a "sick parent" is a very common excuse given by unscrupulous people (read: liars). I sympathize with your situation, but honestly, I would not blame your prospective/future/almost employers for not believing you. It would be like asking a woman out on a date and she says, "Oh, sorry, I am busy that night -- I have to wash my hair." Now, it may well indeed be true, but if someone said that to me, I would feel like I had just been insulted. If I later found out it were true, I would feel sheepish, and foolish for my reaction, but I would still need some proof.

That said, if you have your most important documents, the worst they would do is blacklist you -- and why would you care about that -- you need to be home to deal with this emergency.

If you want to head back to Korea in a few months or whenever, I would suggest getting a copy of the hospital receipts (and/or doctor's notes), or even (heaven forbid, and I hope your case is not this serious) a death certificate. Even if a school blacklisted you, I think if you could verify the severity of the emergency that caused you to leave before your contract started, you would probably find folks more reasonable.
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