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Canadian law and breaking an employment contract

swilly

TRIBE Member
So i am probably going to leave my contract here in korea and go back to japan in the next 2-3 months. However, one of my friends found something interesting in this letter our recruiter made us sign. Before we left she said oh can you please sign these letters they just confirm that you are going to korea and that you will be there for 1 year. They were written in Korean and so we had no idea what we were signing. She said she could not get an english copy to us until next week. So anyways we signed as were departing in 1 day and well we trusted her.

Anyways a few weeks later we got the translated contract. Because we were in a new country and there was so many other things going through my mind I didint give what I had signed much thought. So anyways the other day my friend was looking at the translated copy of the contract we had signed and he found something interesting.

Basically, in the second contract it says that if we depart early we will pay back our recruiter the finders fee she gets from our school. Which is close to 3,000 dollars.

I was like WTF she didint explain this at all.

My friend asked his dad and his dad said it wont hold up in court but i am pretty worried. like i want to leave here pretty soon but if have to pay back that 3,000 dollars that really changes things.

So here are my questions
1) Can she legally do this to me? Like if a recruiter gets a fee from the company when she provides them with a worker it seems a bit fucked that I should have to pay her the money if i decide to quit early. Like i have worked at temp agencies before and quit and its not like i had to pay them back any money.

2) If this is legal can she report me to the credit bureau or small claims court if i decide not to pay?

3) does anyone know of any girls who study mauy thai and want the address of a korean cunt recruiter to practice thier muay thai on.

swilly
 
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Boo

TRIBE Member
1. How would Canadian law affect a Korean contract signed in Japan?

2. There's isn't a hope or prayer of the Canadian credit bureau getting wind of a Korean contract.

3. Korean/Japenese courts have no legal power in Canada. Sometimes there are extradition treaties in effect, but for 3k? C'mon

4. If its a Japenese contract and you go back to Japan, she might be able to take you to court. But if its anything like our system, it will take 6 months to hear the case, another 12 months to enforce a judgement to be piad, and hopefully you'll be long gone.
 

Sunshyne Jones

TRIBE Member
swilly said:
and well we trusted her.

not to be a bitch but perhaps she trusted you to fulfill the contract too.

i just caution you against approaching this like someone swindled you or like your employer owes you something ...

you signed a contract (whether you read it or not, or whether or not it was easy to read, you signed it) and will have to approach this carefully if you want to break it just because you'd rather be somewhere else.
 
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Bumbaclat

TRIBE Member
swilly said:
They were written in Korean and so we had no idea what we were signing. She said she could not get an english copy to us until next week. So anyways we signed as were departing in 1 day and well we trusted her.


you're a sucker.

I doubt it would stand up though. They'd have to fnd you first and given the amount you travel, good luck.
 

Thumpr

TRIBE Member
swilly said:
fuck you got to the 3,000 mark pretty quick. Must be using that time off productively

hehehehe

swilly

i will kill you.


and i have severe alcohol poisoning ya know!!
 

Boo

TRIBE Member
swilly said:
1) Can she legally do this to me? Like if a recruiter gets a fee from the company when she provides them with a worker it seems a bit fucked that I should have to pay her the money if i decide to quit early. Like i have worked at temp agencies before and quit and its not like i had to pay them back any money.

I'm pretty sure this is legal, as you agreed to it, and it is legally reasonable.

She is going to be out of pocket 3k because of you, and you agreed to pay her. The fact that it was in Korean would still hold up as you were going to be working in Korea. Like a Korean signing an english contract in Canada. Its not a defence to say he can't read english. You should have got someone to translate it and find out what you were signing.

Whether she can/will enforce it is another question.
 
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swilly

TRIBE Member
Boo said:
1. How would Canadian law affect a Korean contract signed in Japan?

2. There's isn't a hope or prayer of the Canadian credit bureau getting wind of a Korean contract.

3. Korean/Japenese courts have no legal power in Canada. Sometimes there are extradition treaties in effect, but for 3k? C'mon

4. If its a Japenese contract and you go back to Japan, she might be able to take you to court. But if its anything like our system, it will take 6 months to hear the case, another 12 months to enforce a judgement to be piad, and hopefully you'll be long gone.


The recruiter is korean canadian and we signed it in canada. Japan has nothing to do with this.

swilly
 

Amy_J

TRIBE Member
Why would you sign something you can't read? I understand work and all, but still, that's risky and now it looks like you may get bit in the ass for it.

Talk to a lawyer. Contracts are legally binding, even if handwritten, once signed. There aren't very many ways a round it
 
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Ditto Much

TRIBE Member
swilly said:
The recruiter is korean canadian and we signed it in canada. Japan has nothing to do with this.

swilly


- You signed a contract in canada written in Korean?

- Were you being paid in Canadian dollars through a Canadian bank account?

This sounds more like a Canadian contract than a Korean one in which case she woulkd have to take you to court in Canada to recover the recruitment fees and her inability to provide contracts in french/english would make them useless in court.
 

Liquidity

TRIBE Member
i don't think this would hold up in canadian court because she didn't explain to you the terms of the contract fully nor did she offer you a resonable opportunity to get a translated copy before signing..

it would be like if i got someone to sign a contract with invisible ink and tried to hold them to the invisible portion.
 
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I've heard of this happening a lot with idiots like you who sign foreign language contracts in Canada without using their heads.

Good luck Pip, you're fucked.

(LOL)
 

judge wopner

TRIBE Member
Liquidity said:
i don't think this would hold up in canadian court because she didn't explain to you the terms of the contract fully nor did she offer you a resonable opportunity to get a translated copy before signing..

it would be like if i got someone to sign a contract with invisible ink and tried to hold them to the invisible portion.

this sounds right.

swilly,

i think it was very sneaky on her part to insist you sign a contract in korean while still in canada and didnt provide you with an english copy. at the very least you could expect her to have said "basically teh contract says you owe me cash if you break early".

its more an issue of misrepresentation despite the fact taht you hastily signed a korean contract she didnt take reasonable action to ensure the signing party was aware of the contents of what they were signing, especially in light of hte monetary gains that could be made by her if the contract was broken.

it could go either way but probally due to red tape and the hassle involved in going to court you can get out of it.

i would let her know you are prepared to take this to court and fight it every step of the way, even advise her you have retained legal council and see if she flinches. she has probally done this before and goten away with it, or conversley knows how hard it is to get the cash in court.

good luck.
 

swilly

TRIBE Member
daddyiwantchocolate said:
I've heard of this happening a lot with idiots like you who sign foreign language contracts in Canada without using their heads.

Good luck Pip, you're fucked.

(LOL)


Ok we had a day or so until we left and she insisted that we sign this form. She didnt even say it was a contract she said it was just a document confirming that we will be in korea and that these are the dates were are leaving on.

Having had to sign alot of stupid forms in japan that were all legit but that I could not read i thought this was similar.

Sadly Koreans are tricky.

swilly
 

Rude1_247

TRIBE Member
as if you signed a contract that wasn't in english....... wonder what contract law says about official languages?


Either way... give your head a shake.
 
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fear_of_fours

TRIBE Member
you have learned a hard lesson here. dont sign something you can't read.

I always read all the fine print even if it drives people insane.
 

Flashy_McFlash

Well-Known TRIBEr
The stories are only mildly amusing at this point. They all seem to go, "HAAAAY GUYS I did something colossally boneheaded and now that I'm facing the consequences, I'm pretty indignant about it."
 
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