Liquidated Damage, breach of contract, NLRC or Civil court

Motto26

Motto26

Arresto Menor

Posts : 8
Join date : 26/10/2011

Atty,

Asko ko lang po. If my previous company will file a case against me for to collect liquidated damage san po sya mag file? sa NLRC po ba or Civil court? If Civil court po sya nag file what would you advised me to do next?

Motto26

Motto26

Arresto Menor

Posts : 8
Join date : 26/10/2011

as adviced by DOLE, it wud be better to just make a settlement with the employer. So im giving away my hard earned money for free. :-(

attyLLL

attyLLL

moderator

Posts : 21671
Join date : 12/04/2010
Location : https://www.facebook.com/BPOEmployeeAdvocate/

why is the company claiming from you?

Motto26

Motto26

Arresto Menor

Posts : 8
Join date : 26/10/2011

i have to render 60 days before i can resign. But I quit during training. I was totally unaware that I have to pay, but I sign the contract anyways so it was ignorance on my part.

Motto26

Motto26

Arresto Menor

Posts : 8
Join date : 26/10/2011

I am a victim of this one sided contract. Only if there was a lawyer who could explain to me everything in that contract could had me think twice. Their offer was good and who doesn't want that? but it all turned out to be wicked. Such company is so heart less, Doesn't even care the economic impact to the person involved. Mas masahol pa sila sa Kotong sa kalye. How I wish there's a law that will protect us from such one sided contract.

attyLLL

attyLLL

moderator

Posts : 21671
Join date : 12/04/2010
Location : https://www.facebook.com/BPOEmployeeAdvocate/

so it's some kind of bond? read the other threads : http://www.google.com/cse?cx=partner-pub-6855083666886697%3Aswhy8nr9q5q&ie=ISO-8859-1&q=bond&sa=Search#gsc.tab=0&gsc.q=bond&gsc.page=1

Motto26

Motto26

Arresto Menor

Posts : 8
Join date : 26/10/2011

Hi AttyLLL

Its not a training bond at alll. Hindi ko lang po tlga na intindihan ang part ng contract na un when i signed it. But it says dun na If I didn't render 60 days of resignation i will pay 3 x of my basic pay as a form of liquidated damage.

attyLLL

attyLLL

moderator

Posts : 21671
Join date : 12/04/2010
Location : https://www.facebook.com/BPOEmployeeAdvocate/

if you rendered at least 30 days, then argue that they cannot require you to render more than what is stated in the labor code.

Jin

Jin

Arresto Mayor

Posts : 52
Join date : 06/07/2010

if you don't have any property or money in the bank, let them file the case and give them an empty victory(if they won Very Happy

)

Motto26

Motto26

Arresto Menor

Posts : 8
Join date : 26/10/2011

Hindi na ako nag render. It's useless narin. And Yes nakipag deal nalnag ako but I'm asking that if I'll be able to get help from PAO if i wanted to have the contract null and void?

Motto26

Motto26

Arresto Menor

Posts : 8
Join date : 26/10/2011

I would like to get a service of a lawyer. How much would you think it will cost me?

attyLLL

attyLLL

moderator

Posts : 21671
Join date : 12/04/2010
Location : https://www.facebook.com/BPOEmployeeAdvocate/

the labor code states that the employer is entitled to damages if you don't render the 30 day notice period. pao woill help you if you can show your family income is less than 13k a month

Motto26

Motto26

Arresto Menor

Posts : 8
Join date : 26/10/2011

The amount that they are asking is too big. way beyond what I can pay and hindi ko kaya ma sikmura na sila ung kumikita sa pinag hihirapan kong pera na dapat pa sana ipadala ko sa aking mga magulang. Is it possible that I can file a case to Invalidate the contract? I'm earning more than 13K a month pero kulang pa ung earnings ko for my self.

By the way I already gave them a notarized promissory note as they were threatening to file criminal/civil case against me.

attyLLL

attyLLL

moderator

Posts : 21671
Join date : 12/04/2010
Location : https://www.facebook.com/BPOEmployeeAdvocate/

you can file case to annul the contract in the RTC.

tauruspt915

tauruspt915

Arresto Menor

Posts : 14
Join date : 20/07/2013

AttyLLL,

Do filing a case in the RTC for contract annulment immediately requires a lawyer on the petitioner?

Thanks

come scaricare musica da youtube

attyLLL

attyLLL

moderator

Posts : 21671
Join date : 12/04/2010
Location : https://www.facebook.com/BPOEmployeeAdvocate/

yes

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Liquidated Damage, breach of contract, NLRC or Civil court

1 Liquidated Damage, breach of contract, NLRC or Civil court Wed Oct 26, 2011 12:17 pm

Motto26

2 Re: Liquidated Damage, breach of contract, NLRC or Civil court Wed Oct 26, 2011 4:31 pm

Motto26

3 Re: Liquidated Damage, breach of contract, NLRC or Civil court Wed Oct 26, 2011 10:44 pm

attyLLL

4 Re: Liquidated Damage, breach of contract, NLRC or Civil court Wed Oct 26, 2011 11:26 pm

Motto26

5 Re: Liquidated Damage, breach of contract, NLRC or Civil court Thu Oct 27, 2011 5:11 am

Motto26

6 Re: Liquidated Damage, breach of contract, NLRC or Civil court Thu Oct 27, 2011 8:03 pm

attyLLL

7 Re: Liquidated Damage, breach of contract, NLRC or Civil court Fri Oct 28, 2011 5:35 am

Motto26

8 Re: Liquidated Damage, breach of contract, NLRC or Civil court Fri Oct 28, 2011 11:25 pm

attyLLL

9 Re: Liquidated Damage, breach of contract, NLRC or Civil court Sat Oct 29, 2011 1:43 am

Jin

10 Re: Liquidated Damage, breach of contract, NLRC or Civil court Sat Oct 29, 2011 3:19 am

Motto26

11 Re: Liquidated Damage, breach of contract, NLRC or Civil court Sat Oct 29, 2011 3:22 am

Motto26

12 Re: Liquidated Damage, breach of contract, NLRC or Civil court Sat Oct 29, 2011 9:55 pm

attyLLL

13 Re: Liquidated Damage, breach of contract, NLRC or Civil court Sun Oct 30, 2011 6:15 am

Motto26

14 Re: Liquidated Damage, breach of contract, NLRC or Civil court Sun Oct 30, 2011 12:50 pm

attyLLL

15 Re: Liquidated Damage, breach of contract, NLRC or Civil court Tue Jul 30, 2013 11:42 pm

tauruspt915

16 Re: Liquidated Damage, breach of contract, NLRC or Civil court Sat Aug 03, 2013 1:44 pm

attyLLL

17 Re: Liquidated Damage, breach of contract, NLRC or Civil court

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