EMPLOYMENT BOND of 200,000php

Hi Atty,

I was so thankful that I found this site.

I have a huge problem right now with my current employer. It's a big international IT company but they offices here in Makati.

I do have 2 concerns about them. It is about my AWOL and bond.

I was hired May 29 of this year but ever since then, I was constantly having leaves because I am feeling sick and because of a very sensitive personal problem. Now, they have sent me a letter concerning my AWOL and was asking me a written explanation for my absences.

Sa totoo lang po, everytime na mag aabsent ako, nagpapa abiso po ako sa kanila that I can't come to the office. Ngayon po ang nangyari is nagdisclose na ako sa lead ko ng totoong reason of me being on leave. Pnapareport na niya ako sa office pero di ako pumunta kasi I know I wont be productive and bka magiiiyak lang ako sa opisina.

Now I was thinking of resigning na lang po. Kaso ang concern ko, ung bond ko na 200,000php. They never sent me to any trainings po kaya medyo malakas din loob ko na dapat hindi ako magbayad ng bond. Kaso I'm not sure if legally ganun din ang mangyayari.

Another concern ko din pala atty is meron akong bipolar condition. Which is a mood disorder. Eto ung dahilang kung baket ako nagkakaganito. And i was planning to undergo medications para maging stable na din ako ulet at hindi na mag aabsent palagi.

Kapag po ba dinahilan ko to sa kanila, would they allow me not to pay the bond? and makakaapekto ba ito sa future employers ko?

Kailangang kailangan ko po ng legal advice atty.
Hope you could help me.

janloren

what do you think attorney? i really need help here..

Bonds can only be "charged" if they trained you and only to the extent of the amount they spent in training you.

Do not disclose your medical condition. It wont change a thing.

Thanks a lot b_9904. Appreciate your straight forward answer.

I still have questions in mind. Since I was given a memo already and was asked to provide a written explanation - it's really up to them kung ano ung magiging employment status ko. Feeling ko kasi I would fall sa category na terminated. Dahil nga they were accusing me of AWOL, which is true in a sense pero I have my reasons. Termination lang din ang bagsak ko. And according sa contract ko below -- either of the reasons, I still have to pay the bond. since pinirmahan ko ba to, need ko talaga mag comply? Need ko tlga ng time magpahinga to undergo medication ko sa pagiging bipolar ko. Kasi i wont be able to find a good job kung hndi pa ako stable. Kung di ako mppgbbgyan, possible na termination nlang ggwin nila skin.

ito ung part ng contract ko stating things about the bond..

'You commit yourself to a service requirement of one(1) year from date of hire. You further acknowledge that your signature on this employment contract unqualifiedly binds you to the provisions thereof. Consequently, any violation thereof (including backing out from employment), or in case you resign or are terminated for just causes, such as but not limited to gross miscoduct and insubordination, prior to the completion of the minimum one year service requirement, you agree to pay immediately the amount of Two Hundred Thousand Pesos (Php200,000.00), excluding cost which may be incurred in collecting the same in the event that you unreasonably fail to voluntarily comply herewith.'

thanks again sa mga answers niyo. sobrang thank you.

Depending on how you read the contract it may be interpreted as liquidated damages or as an employment bond.

If its liquidated damages then they'd have to prove something like your hiring is very important to the company: ei: consultant in a very important and big project or a hi class researcher or something to that effect.

If you do not fall within that category and what you do is what the normal rank and file do then it could be interpreted as an employment bond. In this case, you need not pay it.

Either way, going after you will cost more than 200K.

Disclose your condition only if its absolutely necessary to keep your job AND if you need to keep this job. Keep in mind also that if you disclose this information it will go into your records.

Ganun po ba yun. Since you said po na it depends on how i read it, how can i know if its employment bond or otherwise?

Actually po i was hired as a buffer resource. Wala pang project, naka pending. Siguro kinuha nila ako kasi medyo mababa ung asking price ko compared sa iba. kaya kahit hndi nila need pa ng tao, they hired me. Does this mean na i fall under dun sa category na sinabi mo na need ko magbayad? Walang training na nangyrai whatsoever. Self study lang ang knowledge transer na pa 1 hour 1 hour a day lang.

Attorney I am really confused. Kungako kasi tatanungin, ayoko na din sa company. Gusto ko nlang magpahinga muna. Main concern ko lng is ung bond ko. and if in the nea future need ko na ulet magwork baka ipitin nila ako.

Thanks again attorney. Your'e helping me a lot here.