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Good day
Good day
I have signed a binding contract for a dispatch employee. I already completed my assignment as TTE and now going back to my previous company, In the contract it says I have obligatory service to tender for 3 years or pay an amount. I plan to resign without completing the obligatory service. I understand that they can sue me for civil case. Can anyone advise on how to strong is their binding contract?
I also recently found out that their are also TTEs who resigned and did not pay the amount, Also found out that a part of my allowance when i was a TTE was deducted for my salary in my company and for 13th month bonus, It is found in my payslip when i was TTE. I also found out that the INTRA COMPANY is the one who pays me my salary and allowance when i was TTE. In short, my company did not have any cost when i was a TTE.
I also did not take any trainings just pure work (programming development)
Here's a copy of the contract
Good day
I have signed a binding contract for a dispatch employee. I already completed my assignment as TTE and now going back to my previous company, In the contract it says I have obligatory service to tender for 3 years or pay an amount. I plan to resign without completing the obligatory service. I understand that they can sue me for civil case. Can anyone advise on how to strong is their binding contract?
I also recently found out that their are also TTEs who resigned and did not pay the amount, Also found out that a part of my allowance when i was a TTE was deducted for my salary in my company and for 13th month bonus, It is found in my payslip when i was TTE. I also found out that the INTRA COMPANY is the one who pays me my salary and allowance when i was TTE. In short, my company did not have any cost when i was a TTE.
I also did not take any trainings just pure work (programming development)
Here's a copy of the contract
- Contract:
This Binding Contract made and entered into the day specified hereunder, by and between COMPANY and the undersigned Temporarily Transferred Employee (TTE) of COMPANY who is qualified to hold the visa of Intra-company Transferee from COMPANY to (INTER COMPANY) under Japanese Immigration Act.
WITNESSETH
WHEREAS, COMPANY desires to send TTE temporarily to INTER COMPANY under the agreement with INTER COMPANY in order to contribute ‘Cost down and Profit making’ of COMPANY and INTER COMPANY and to develop his or her engineering capability for future development of COMPANY;
WHEREAS, TTE desires to work with INTER COMPANY as a temporarily transferred employee from COMPANY to INTER COMPANY in order to contribute ‘Cost down and Profit making’ of COMPANY and INTER COMPANY and to develop his or her engineering capability for future development of COMPANY;
NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, COMPANY and TTE hereby agree as follows:
1. TTE agrees to complete the entire assignment with INTER COMPANY and agrees to remain employed with COMPANY upon his/her return to the Philippines rendering obligatory service for at least three (3) years.
2. In case the TTE resigns or terminates his/her employment with COMPANY or is separated for any of the just causes under the law, before or anytime prior to the completion of his/her obligatory service for at least three (3) years, COMPANY shall have the right to recover from TTE certain costs such as but not limited to the following: airfares, accommodations, allowances, and other expenses incurred during INTER COMPANY assignment.
3. For TTE’s non-fulfillment of the entire assignment and obligatory service the following shall be observed:
3.1 For non-fulfillment of the entire assignment the payment shall be ₱ 300, 000.00
3.2 For non-fulfillment of the obligatory service, the service rendered shall be considered reckonable and the computation of the costs to be paid by TTE shall be reduced according to the schedule hereunder.
Period of Service Amount to be Paid
0 to 6 Months ₱ 500,000
7 to 12 Months ₱ 400,000
13 to 18 Months ₱ 300,000
19 to 24 Months ₱ 200,000
25 to 30 Months ₱ 100,000
31 to 36 Months ₱ 50,000
3.3 For breach of contract, payment shall be made by TTE on or before resignation effectivity.
3.4 This binding contract becomes due and demandable should the TTE decides to terminate his/her employment with COMPANY. The outstanding balance paid in a staggered manner shall be charged an interest rate of twelve percent (12%) per annum until fully paid, based on diminishing principal balance, and shall be amortized over a duly approved specific period.
3.5 All payments must be in cash and/or check.
4. In case TTE shall not comply with paragraph 3, COMPANY shall sue the TTE for damages for breach of contract.
5. Two (2) immediate family members (father, mother, spouse and etc,) of the TTE shall be the guarantors and shall guarantee the execution of this Binding Contract by signing hereunder.
In case the TTE will not pay, the Guarantor shall pay to COMPANY.
Last edited by RainRiku on Tue Jan 09, 2018 2:48 pm; edited 1 time in total (Reason for editing : words)
