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Training bond no employee-employer relationship

4 posters

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Soledad72


Arresto Menor

Hello, bago lang po ako dito. I have been losing sleep because of this problem. Before working for my current company, I had a stable managerial position kaso lang po mashado shang stressful. May sakit po ako kaya naghanap ako ng consultancy na work para mas may pahinga ako. Nag sacrifice nalang ako sa mas maliit na sahod kasi promising pinagsasabi nung recruiter. Una ko na notice is sobrang mapilit ang recruiter. Ganito, ganyan, ano ano sinasabi just to convince me. It took me a week to decide. Only to find out na nagsinungaling lang pala recruitment officer nila to get me/us on board. I found out lahat kami ganun sinapit, too late for me kasi they sent me to a training on my very first day. Now they stipulated in the contract that should we not finish the 1 year term then we have to pay 150k for the 1 week training. They normally offer this training at around 30k. Im seeking legal advice kasi di ko na po talaga kaya dito, they are exploiting us more than the regular employees when we are in fact independent consultants per contract. We work for weekends, sometimes super early in, super late out but we are not entitled for OTs dahil nga no employee-employer relationship. Can they compel me to pay the whole amount of 150k when i decide to stop working for them? Di naman talaga ako nag agree for training kaso wala ako choice kasi nag book agad sila ticket. Wala din po ako natanggap na certificate for that training. Will that be at least pro rated since i have already rendered 6 months for them? Please do reply to this, sobra na po akong nasi stress.

Patok


Reclusion Perpetua

did you sign any contract?

You can resign and the company can go after you, then you can bring the case to NLRC. Long process.

Soledad72


Arresto Menor

Yes po, i did sign a contract. I would rather have them file a case against me kasi i believe the amount of the bond is not reasonable po talaga. What would be the consequences on my part if i opt na mag file nalang sila case against me kasi yan po ginamit nila pantakot sa mga kasama kong umalis na. What are the implications of the no employee-employer relationship?

Soledad72


Arresto Menor

By the way po, electronic lang pagka sign ko sa contract kasi i was away at the time of the signing. Will this affect the legality of the contract? Yung date din po sa last page, sa notary, nagkamali sila ng lagay.

mikos23

mikos23
Reclusion Perpetua

You mentioned booking a ticket, Where was the training held?

if they can quantify the cost of training, they can go after you for the said amount. but as you said, you rather have them file a case against you, but be prepared they might do so. if there is no employee employer relationship, the case they will file might be in civil court and not DOLE or NLRC. a lawyer is truly needed.

regarding electronic signing of the contract, it does not affect the legality of the said contract. you have agreed to what the content is because you sign it.

attyLLL


moderator

let them come at you. use the defense that you were not unjustly enriched by the training which was probably designed for the benefit of the company.

https://www.facebook.com/BPOEmployeeAdvocate/

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