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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » CONTRACT TERMS

CONTRACT TERMS

3 posters

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1CONTRACT TERMS Empty CONTRACT TERMS Mon Jan 18, 2016 1:06 pm

giekuletz


Arresto Menor

Hello, Good day. Ask ko lang po what this phrase mean..

"The agreement shall continue to the end of the review program undertaken by the GRANTEE or until the GRANTEE ceases to be enrolled at the Review Center, whichever is earlier".

This phrase is stated under the section Validity of my contract.

Thank you very much to all your responses.

Godbless!

2CONTRACT TERMS Empty Re: CONTRACT TERMS Mon Jan 18, 2016 4:44 pm

Lunkan


Reclusion Perpetua

Roughly it mean the agreement is valid as long as you are in the test.

3CONTRACT TERMS Empty Re: CONTRACT TERMS Mon Jan 18, 2016 4:49 pm

giekuletz


Arresto Menor

Does this mean that the contract is over as long as i have finished the review or the test?

4CONTRACT TERMS Empty Re: CONTRACT TERMS Mon Jan 18, 2016 4:54 pm

Lunkan


Reclusion Perpetua

giekuletz wrote:Does this mean that the contract is over as long as i have finished the review or the test?
Yes, if no other part of the contract say anything else.

Look up IF there are any paragraph saying you have to pay for the costs the business have to teach/introduce you, if they want to keep you, but you want to quit earlier than agreed.

5CONTRACT TERMS Empty Re: CONTRACT TERMS Mon Jan 18, 2016 5:01 pm

giekuletz


Arresto Menor

There is also phrase under the section "Responsibilities of the Grantee", which states that:

"If GRANTEE would be able to pass the Examination, all expenses incurred by the GRANTOR by reason of said scholarship would no longer be charged to the account of the GRANTEE, but the GRANTEE would be under obligation to serve the GRANTOR for four years under the same terms and condition of her present employment with the GRANTOR known here as the LOCK IN PERIOD."

6CONTRACT TERMS Empty Re: CONTRACT TERMS Fri Jan 22, 2016 5:26 am

Lunkan


Reclusion Perpetua

giekuletz wrote:There is also phrase under the section "Responsibilities of the Grantee", which states that:

"If GRANTEE would be able to pass the Examination, all expenses incurred by the GRANTOR by reason of said scholarship would no longer be charged to the account of the GRANTEE, but the GRANTEE would be under obligation to serve the GRANTOR for four years under the same terms and condition of her present employment with the GRANTOR known here as the LOCK IN PERIOD."
(Sorry for late reply. I have had much work.)
Oh. It's common with a period you HAVE TO work for them (if they want to) but 4 years is uncommon long time. But it's common with longer time the more the company have spend at teaching you.

This mean they can demand much money from you if you want to quit within four years, if they don't agree you can quit earlier, if you quiting make them lose money, which it's risk they will claim. (See other topic in this forum what their employers demand. The demand can be much higher than in the one I read.)

7CONTRACT TERMS Empty Re: CONTRACT TERMS Fri Jan 22, 2016 8:19 am

giekuletz


Arresto Menor

yes, they do demand payment if i quit earlier, as stated in the next phrase.

"In the event the GRANTEE violates the LOCK-IN PERIOD for any reason not attributable to the GRANTOR, the GRANTEE is duty bound to reimburse the GRANTOR of the total amount of expenses incurred by the GRANTOR by reason of this Scholarship plus the payment of liquidated damages in the same amount as incurred by the GRANTOR."

My question is what will be my liabilities as included in the "liquidated damages".

Thank you.

8CONTRACT TERMS Empty Re: CONTRACT TERMS Fri Jan 22, 2016 9:24 am

council

council
Reclusion Perpetua

Liquidated damages are the fines or penalties you will pay - in this case it is the same amount as the expenses.

So you will be paying twice (2x) the amount of expenses.

http://www.councilviews.com

9CONTRACT TERMS Empty Re: CONTRACT TERMS Fri Jan 22, 2016 9:50 am

giekuletz


Arresto Menor

2x the amount they spent in the Scholarship or 2x the amount of expenses in their own terms?

10CONTRACT TERMS Empty Re: CONTRACT TERMS Fri Jan 22, 2016 6:22 pm

Lunkan


Reclusion Perpetua

giekuletz wrote:2x the amount they spent in the Scholarship or 2x the amount of expenses in their own terms?
It's some fuzzy in the contract.
/A fair employer demand what it cost them to replace the employee. (Educating the new, but also for lost effectivity during that period, so it can be much money even with a fair employer.)
/An unfair employer demand much to much. (For instance they count for the whole period left, although they replace the employee within that period.)
/Some employers demand "to litle" Smile = Less than what they lose.

I don't know if labour law give any support if the employer demand to much (It can't be questioned in a common court anyway, but such is problematic.)

11CONTRACT TERMS Empty Re: CONTRACT TERMS Wed Jan 27, 2016 9:16 am

giekuletz


Arresto Menor

So this mean, that I have no choice but to finish the LOCK IN PERIOD?...

12CONTRACT TERMS Empty Re: CONTRACT TERMS Wed Jan 27, 2016 6:54 pm

Lunkan


Reclusion Perpetua

giekuletz wrote:So this mean, that I have no choice but to finish the LOCK IN PERIOD?...
It's a CONTRACT which you have signed.
Contracts aren't suppoused to be broken (if not BOTH want to change/end it.)
When someone break a contract, then the other have right to get compensation.

So you can chose to fullfil the contract, or pay compensation.

An other question is if they demand unfair to much compensation. Then perhaps can the AMOUNT be lowered.

13CONTRACT TERMS Empty Re: CONTRACT TERMS Wed Jan 27, 2016 7:17 pm

giekuletz


Arresto Menor

Thank you very much for your responses.

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