Dear Atty.
Good day!
Thank you so much for providing free legal advices. I would like to seek your expertise on how to get my clearance after my resignation. My case goes like this:
In Jan. 2006, I locally was hired by this company [Maintenance Repair and Overhaul] through Maintenance training program [MTP] which has a binding contract of seven years of service with them after passing the training and being a regular employer.
After two years, I transferred to Engineering department and by 2009 they gave me a training abroad which has a binding contract of 4 years and the trainee will pay the expenses incurred during the training for the un-served years.
To summarize, I have attended two training’s which have different contract as follows:
1. MTP training - there is no monetary clause for this training, the contract only obliged the trainee to serve the company for the period of 7 years. I already serve 6 years prior to my resignation.
2. Training abroad - contract duration is 4 years and to pay the remaining un-served years if the trainee fails to finish the 4 years duration. I have serve two years prior to my resignation.
In March 2012, I have filed my RL due to JO abroad. They accepted my RL, but they issued memo requiring me to pay the training cost for MTP even though there is no monetary clause in the training contract 'only years of service' was stipulated in the MTP contract, the full amount of training abroad even though the contract says it should be pro rata.
I answered their memo, that I am willing to settle my obligations provided they should justify the amount in the MTP training and the computation for the training abroad should be pro rata.
After answering their memo, I haven’t receive any reply from HR until my exit interview and last day [30 days notice observed] in this company.
So, I did not get my clearance and certificate of employment and last pay day.
Now that I am processing my documents for migrating to another country, I will be needing the COE from all the company's I’ve worked for. I cannot progress with my application for migration due to this issue.
Can you please advice what should I do to get my COE from this MRO company?
Good day!
Thank you so much for providing free legal advices. I would like to seek your expertise on how to get my clearance after my resignation. My case goes like this:
In Jan. 2006, I locally was hired by this company [Maintenance Repair and Overhaul] through Maintenance training program [MTP] which has a binding contract of seven years of service with them after passing the training and being a regular employer.
After two years, I transferred to Engineering department and by 2009 they gave me a training abroad which has a binding contract of 4 years and the trainee will pay the expenses incurred during the training for the un-served years.
To summarize, I have attended two training’s which have different contract as follows:
1. MTP training - there is no monetary clause for this training, the contract only obliged the trainee to serve the company for the period of 7 years. I already serve 6 years prior to my resignation.
2. Training abroad - contract duration is 4 years and to pay the remaining un-served years if the trainee fails to finish the 4 years duration. I have serve two years prior to my resignation.
In March 2012, I have filed my RL due to JO abroad. They accepted my RL, but they issued memo requiring me to pay the training cost for MTP even though there is no monetary clause in the training contract 'only years of service' was stipulated in the MTP contract, the full amount of training abroad even though the contract says it should be pro rata.
I answered their memo, that I am willing to settle my obligations provided they should justify the amount in the MTP training and the computation for the training abroad should be pro rata.
After answering their memo, I haven’t receive any reply from HR until my exit interview and last day [30 days notice observed] in this company.
So, I did not get my clearance and certificate of employment and last pay day.
Now that I am processing my documents for migrating to another country, I will be needing the COE from all the company's I’ve worked for. I cannot progress with my application for migration due to this issue.
Can you please advice what should I do to get my COE from this MRO company?