Employment bond and resignation inquiry

Hi,

I have a question regarding employment bonds and resignations specifically dun sa 30 days notice. February 2014 po ako nagstart sa current employer ko with 1 year bond ("we require you to commit to stay with us for at least one (1) year." - exact words po).

Now ang question ko po is counted ba dito yung 30 days notice sa one year commitment? Meaning pwede po ba ako mag-file ng resignation ng January 2015 and leaving February 2015?

May possibility po ba na i-hold nila COE/records ko and also yung last pay?

Salamat po sa makakasagot.

Yes counted ang 30 days.

Possibility na i-hold? Yes, pero dapat ibigay nila ang dapat.

council wrote:Yes counted ang 30 days.

Possibility na i-hold? Yes, pero dapat ibigay nila ang dapat.

Thanks po sa pag-sagot.

Ibig sabihin po ba wala akong dapat problemahin pagdating sa employment bond kung mag-resign po ako ng January 2015?

di ko yan masagot ng derecho. kailangan makita ang kontrata.

council wrote:di ko yan masagot ng derecho. kailangan makita ang kontrata.

Hi sir,

Sorry po sa late response.
Eto po laman nung contract regarding sa termination:

"Should you voluntarily resign from your employment, you shall comply with the Company's clearance requirements and exit procedure, and ensure proper and smooth turnover of your duties and responsibilities and Company property under your custody and/or in your possession, in order to facilitate the release of your last pay and benefits due you. Otherwise, you hereby agree that your last pay and benefits shall not be released until proper and smooth turnover are accomplished and all debts due to the Company have been settled. The required period for which you are obliged to give written notice to terminate your employment with the Company is 30 days."

"To ensure stability of operations and optimize our resources effectively, we will require you to commit to stay with us for at least one (1) year unless there are serious matters beyond your control like health issues and immigration opportunities. Should you fail to complete this commitment, you shall reimburse Company within 5 days from demand, the amount of Php100,000.00"

Maraming salamat po.

in my opinion, if you didn't receive any extensive training or benefits in exchange for that 100k, you should not be held liable

attyLLL wrote:in my opinion, if you didn't receive any extensive training or benefits in exchange for that 100k, you should not be held liable

We haven't received any training or offshore travel during employment ko po so hopefully wala naman po. Maraming salamat po!

Hi po sa lahat. I have look into lot of threads po dito and gusto ko lang po sanang maliwanagan sa case ko.

I was employed in an academic institution for 4 years as a trainer and I resigned last July 2014 due to lack of skill growth and I'm not happy on what I am doing an I am looking for a better job where I can work productively and earn better kasi I've been supporting my family.

Several months before I resigned, I did sign an employment bond kasi pina-attend kami ng manager ko ng instructor's conference which I believe na part siya ng job ko as a trainer and we didn't undergo any training kasi conference nga siya. Highlight of the bond is kapag nag-resign ako na hindi pa tapos yung bond is I need to pay TWICE the amount. What we did in that conference was raising our concerns, issues about the program that we are handling and hearing what are the updates and course of actions for the previous issues we've encountered.

Now, I am working in a BPO company and waiting for my regularization next month. I've been calling them in the past to have my documents such as Form 2316 and CoE pero hi-nold po nila kasi meron daw akong bond and they are computing for my last pay. I've been asking them na kahit yung Form2316 muna para lang maayos ko yung tax ko. I've called them few days back and they told me na nacompute na daw yung last pay ko and it turn-out na I need to pay kasi may bond pa ako.

During our conversation ng taga-payroll department, she said na I'll be paying twice the amount of the bond. I ask for computation but hindi daw po sila pwede magbigay kasi confidential daw yung document but she discussed it over the phone.

Overall, ang nangyari sa computation niya is (LAST PAY + TAX REFUND) - ((BOND COST*2) + ID ) in total lumalabas na negative ako. Medyo concern lang po ako kasi yung tax refund na sinabi niya is worth around 4-5 months na withheld tax. Ibig po bang sabihin nito hindi pa sila nagremit sa BIR?

Here are my questions:

1) Is the employer allowed to issue bonds even if hindi personal training ang pinuntahan mo? If not, is there a possibility na maging null and void ang contract?
2) Is there any labor law that will stipulate the employee to pay double the amount of the bond cost?
3) Is the employer allowed to deduct the bond cost and the ID cost to my last pay?
4) Do I have the rights to request of computation of my last pay?
5) If given the chance to file a case with them though as much as possible I don't want to go that far if we could settle this, is there any chances that I will win the case?

What I'm thinking right now is I am not after with my last pay, gusto ko lang ng malinis na exit and have my documents and move-on.

I'll be heading to my previous employer next week to discuss this with them and I am hoping na maliwanagan po ako sa mga tanong ko para handa ako kapag nag-usap na kami. Sana po ay mabigyan niyo ako ng payo.

Thank you for taking your time to read my problem and hoping for some advice.

nayr055 wrote:

Overall, ang nangyari sa computation niya is (LAST PAY + TAX REFUND) - ((BOND COST*2) + ID ) in total lumalabas na negative ako. Medyo concern lang po ako kasi yung tax refund na sinabi niya is worth around 4-5 months na withheld tax. Ibig po bang sabihin nito hindi pa sila nagremit sa BIR?

Here are my questions:

1) Is the employer allowed to issue bonds even if hindi personal training ang pinuntahan mo? If not, is there a possibility na maging null and void ang contract?
2) Is there any labor law that will stipulate the employee to pay double the amount of the bond cost?
3) Is the employer allowed to deduct the bond cost and the ID cost to my last pay?
4) Do I have the rights to request of computation of my last pay?
5) If given the chance to file a case with them though as much as possible I don't want to go that far if we could settle this, is there any chances that I will win the case?

What I'm thinking right now is I am not after with my last pay, gusto ko lang ng malinis na exit and have my documents and move-on.

I'll be heading to my previous employer next week to discuss this with them and I am hoping na maliwanagan po ako sa mga tanong ko para handa ako kapag nag-usap na kami. Sana po ay mabigyan niyo ako ng payo.

Thank you for taking your time to read my problem and hoping for some advice.

0. Ibig sabihin sobra ang tax na binawas nila. Lalo na dahil kalahating taon ka lang nagtrabaho sa kanila for 2014.

1. You may have to prove that the bond is void - and provide proof.
2. The bond is in effect a contract, so unless it is contrary to public policy (or other provisions) then it may be binding.
3. If you owe the company an amount then yes they can claim it from your receivables. Otherwise paano mo naman babayaran ang utang mo?
4. yes
5. 50-50 yan. Cannot comment further dahil di ko nabasa ang employment contract and bond details (contract) mo.

Kung gusto mong malinis na exit, puntahan mo sila, ask for your computation and if talagang may utang ka, bayaran mo.

hi, yung 14th month po ba puwedeng i hold ng company kapag nag file na ng resignation? Ang company kasi namin ranking or performance basis ang ginagawa.

franztines wrote:hi,  yung 14th month po ba puwedeng i hold ng company kapag nag file na ng resignation?  Ang company kasi namin ranking or performance basis ang ginagawa.  

Ano ang company policy ninyo tungkol dyan?

Check my answer to your same question.

Hi! I just want to ask is it legal na kaltasan ako every cut-off ng 500 and they said that it is part of my cash bond, they will return it kapag regular na daw ako or after 6 months, I started July and I'm almost 8 months at my work and regular na din, but they said to me nung nag-hanap ako ng cash bond ko na sa august na daw makukuha pero hindi na 6 months yun, 14 months na po yun. And I want to know if it's legal na bigyan ako ng cash bond na worth 25k para daw siguruhin hindi ako mag-reresign, the contract is 2 yrs?

Thanks.

Good day sir, I just want to ask if magbbyad po ba ako ng cash bond na 100k sa company ko if one month lang ako pumasok? wala pa po ako naattendan na mga training except un sa company orientation. Considered po ba un mga orientation inside the company as a trainig kaht walang certificate? I really need your help po. Gusto ko na po ksi magresign dito. one month pa lang po ako eh. Thank you po in advance.