It is common to be asked to sign various documents such as confidentiality agreements or non-compete agreements from the company before resignation. Many employees succumb to the company's pressure, saying, "If you don't sign, your resignation won't be processed," or "You'll face disadvantages," and end up signing without properly reviewing the content, leading to frequent legal disputes later on.

The law firm Cheongchul clearly organizes the obligation to sign agreements upon resignation and the critical points you must check before signing.

[Table of Contents]

1. Requests for signatures that flood in upon resignation (confidentiality, non-compete, non-suit agreements)

2. Key Fact: Is there a legal obligation for employees to sign?

3. Agreements are simply a tool for 'negotiation' (severance pay, etc.)

4. It won't work to say "I didn't know" after signing (the fear of legal validity)

1) Requests for signatures that flood in upon resignation (confidentiality, non-compete, non-suit agreements)

When you express your intention to resign, it is common for the company to suddenly present multiple documents and demand signatures. Typical documents include a 'Confidentiality Agreement' that promises not to disclose company information, a 'Non-Compete Agreement' that promises not to move to a competing industry, and a 'Non-Suit Agreement' that pledges not to file lawsuits against the company in the future. The company often threatens by saying, "If you don't sign, you will face disadvantages."

2) Key Fact: Is there a legal obligation for employees to sign?

This is a part many people are most curious about. To get straight to the point, employees are not legally obliged to sign such resignation-related documents. In reality, given that the resignation is already confirmed, the limitations apply to any disadvantages the company can impose on the employee. Of course, it is advised to collect agreements from employees to prevent disputes from the perspective of the company representing it, but from the employee's point of view, there is no need to agree unconditionally to any terms that may be unfavorable.

3) Agreements are simply a tool for 'negotiation' (severance pay, etc.)

So, how should one deal with these documents? The video suggests viewing them as 'subjects of negotiation.' If the company strongly desires a signature, the employee can demand compensation in return. For example, one might consider negotiating for additional 'severance pay' beyond the statutory severance payment in exchange for signing a resignation agreement or an agreement. In other words, it's wise to utilize it as a means to reconcile mutual benefits rather than unconditional signing.

4) It won't work to say "I didn't know" after signing (the fear of legal validity)

Of course, many sign in a friendly atmosphere to avoid conflict with the company. However, it is very risky to hastily sign just because they promised compensation or created a pressured atmosphere.

Once signed, the agreement holds significant legal validity. Later, if issues arise, claims like "I didn't know it meant that" or "I had no choice because they said they wouldn't process my resignation if I didn't sign" are very unlikely to be accepted by the court. One signature can impose fatal restrictions on future job searches or exercise of rights, so this must be kept in mind.

5) Solutions from the law firm Cheongchul for safe resignation

Therefore, the two principles to remember when asked to sign various agreements by the company are simple. First, be aware that there is no legal obligation to sign any agreement. Second, if you decide to sign through negotiation, be sure to have the document reviewed by a lawyer before signing. Make sure to check for any toxic clauses or unfavorable content with an expert's eye before signing for safety.

Have you hastily signed a troubling document before a new start? Or are you unsure how to respond to the company's pressure? The law firm Cheongchul offers detailed analysis of toxic clauses in agreements based on advising both employees and companies, and presents the most favorable negotiation position to clients.

Don't bear the legal worries you encounter in the resignation process alone; consult with the experts at the law firm Cheongchul.

This post was written for the purpose of providing legal information, and legal judgments may vary depending on specific circumstances.