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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » Employment bond / contract of 3yrs upon entry and pay the company when you resign

Employment bond / contract of 3yrs upon entry and pay the company when you resign

4 posters

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Mauress


Arresto Menor

Is it legal or valid for an employer to impose a 3 years contract of employment and when i resigned before 3 years ill pay an amount equivalent to 2 months of salary.. i have the picuture of my contract..

mikos23

mikos23
Reclusion Perpetua

Yes it is legal.

A contract is binding after two parties have agreed to it and thus affixed their signature. if you have reservation before, why did you sign the contract in the first place?

Mauress


Arresto Menor

Nalaman ko lang po kasi yung ganong agreement on the first day of my job kaya napapirma na ako..
Hindi ba siya invalid? Dahil the cumpolsary 3 yrs of service ay wala namang kapalit na free trainings study leave or other benefits for employee growth..

Mauress


Arresto Menor

Sad



Last edited by Mauress on Tue Mar 27, 2018 12:24 pm; edited 3 times in total

Patok


Reclusion Perpetua

what do you mean nalaman mo nung first day mo lang? Kailan mo pinirmahan yang contract?

Mauress


Arresto Menor

I sign the contract on the first day of my job.
Makikita diyan sa pic of my contract na i was hired on Feb. 1 and Feb. 1 din ang date nung contract.

mikos23

mikos23
Reclusion Perpetua

Was this explained to you before signing? Did you questioned the HR?

Mauress


Arresto Menor

I ask kung 3 years ba talaga yung minimun years sa contract na pwede i avail ng employee. then she said yun daw talaga 3 years..
Can then sue me if i didnt finish the 3 years??

Mauress


Arresto Menor

Personnel Action form tawag nila dun sa pinirmahan ko..
And yung pinirmahan ko na iyon ang nakalagay pa don is ang employment status ko ay Probation.
Then may isa pa daw na pipirmahan na ganon na ang nakalagay naman ay Regular.
Kapag di ko pinirmahan yung for regularization na personnel action form.. can i still resign without paying 2 months of my salary?

Patok


Reclusion Perpetua

why did you signed if you didn't agree to that?

Mauress


Arresto Menor

Beacause i left my current job for this one, not expecting that this would be the length of the contract of this job.
Can this be invalid thru NLRC?

mikos23

mikos23
Reclusion Perpetua

If it was explained to you, and you inquired about it, and you still signed it, then you are liable for it.

and yes they can sue you.

mikos23

mikos23
Reclusion Perpetua

nlrc handles only complaints not invalidation of contracts

Mauress


Arresto Menor

The contract that i've signed is for probationary status. If i will not sign the 2nd contract for regularization status. Will it have any effect?

mikos23

mikos23
Reclusion Perpetua

IMO, your resignation will have no effect since you are the one who initiated separation and not the company.

Btw, this is a suggestion, next time you want to post something, you might want to blur or remove the following
1. your company name / logo
2. the name of the signatories, including you.

Someone might identify this and report you to your company.

Mauress


Arresto Menor

Can this be deleted?

Mauress


Arresto Menor

Will you please help me remove that?

mikos23

mikos23
Reclusion Perpetua

Sorry I don't know how.

attyLLL


moderator

if you really want to resign, resign properly. if you do not want to pay the bond, take the position that what they demand is involuntary servitude and whatever training they provided, it was for their benefit and did not benefit you to the point that you are unjustly enriched by their training. They might hold your salary, but at least that is your only level of immediate exposure. if they go so far as filing a case against you to collect the balance (unlikely) then you can raise the same defenses

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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » Employment bond / contract of 3yrs upon entry and pay the company when you resign

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