employment bond

you should inquire at tesda regarding the terms of their arrangment

Hi,
I need an advice about my situation. Im under agency and employed at their client as contractual.
Nag Awol ako sa client due to health problems.. Then the agency is forcing me to report at client or else they will file a case against me.. My contract will end on April 30,2013. With a bond of 70,000 no training.. My concern is, if they file a case against me for the bond, is it still 70,000? Or you think they will file it?

it's not impossible for them to file it. by going awol, they are already entitled to damages. but perhaps the 70k is excessive

Thank you sir.. Last na po, if they file a case, dii na ganoon kalaki ang babayaran ko?

attyLLL

under agency po ako and employed sa isang client. 1 year po ang contract ko pero balak ko na pong magesign, nakaka 6 months pa lang po ako. sinubukan ko na pong magpasa ng resignation letter sa boss ko and pinirmahan naman niya and na-inform na niya ang HR, ang problema ko po is hindi po ako pinayagan ng agency or else daw po magbabayad po ako ng 100 thousand. (i think yung HR po ang naginform sa agency ko about my resignation). may karapatan po ba akong magresign kahet ongoing pa po ang contract ko? based on my contract kapag ang client ang nagterminate saken ay automatic terminate narin ang contract ko. i consider doing AWOL so that the client will terminate me pero nakalagay din sa contract na pag nag AWOL ako magbabayad ako ng 100 thousand sa agency. nalilito lang po ako pag nag AWOL po ba ako and tinerminate ako ng client for that reason. magbabayad pa po ba ako ng penalty fee sa agency?


OT:
kapag project based contract po ba wala po ba talagang governement benefits like sss,philhealth, pagibig?

Hello po, Attorney. I have read the employment bond thread, the breach of contract thread, and other threads, looking for a resolution to my situation. But I have a few questions.

Here are the salient points:
- Employee trained in-house (not specialized training, not sent abroad)
- Bond costs P250K, lock-in period 3 years. I have about half a year left.
- VERY stressful work environment; got sick (8 months of continuous treatment).
- Was transferred to a different team BUT not practicing what I trained for.
- The HR Manager accepted my resignation letter (I have a receiving copy). But a week after, I was asked for a medical certificate from the doctor, though HR receives ALL of the employees' records from the HMO, which I confirmed with the HMO, as part of their regular reports. The medical certificate costs P500, and there were three doctors (various ailments, including the long-term one) who told me these were stress-related. I don't want to spend extra money when they are receiving all the diagnoses from the HMO anyway.

From the lawyers' responses on various threads, here's what I gathered. Please correct me if anything is erroneous:
I.) If my employer decides to file a case against me, I know that they have to justify that the cost of training is P250K.
II.) It's tantamount to involuntary servitude if I'm not using what I trained for.
III.) If work causes adverse effects to the health of the employee, employment contracts can be nullified. This is the reason I wrote down on my resignation letter.
IV.) They have to prove (or do they?) that without me, the operations will be crippled. This is IMPOSSIBLE because plenty of people are idle (on bench-time). In my project, I am just a backup, waiting for the client to give us something to do; it has been like that for 7 months. I am NOT indispensable.

Questions:
1.) The HR Manager received my Resignation Letter, with no questions about my bond; in fact, she was very pleasant. Doesn't that count for acceptance? Now she's saying that I need Senior/Upper Management approval. Could I still leave at the stated date? [30 days from submission of letter]

2.) What if I was hired by a new company and they want me to start 2 weeks prior to my last day; else, look for other employment? Note that I know two people who found a job 6 and 8 months after they resigned, but this summer there were plenty of openings for my field. If I let this go, there might not be the same opportunity. Can the current company file a case against me for jumping? But I have transitioned everything (there wasn't much) and there is nothing to do. The client (overseas) also informed my manager that I may go. And I've been practically idle for 7 months, because I just attend daily status meetings lasting for a couple of minutes, which is not actually required by the client. My "marketability" in my field will continue to go lower because I haven't been using it; I realized this while looking for a new job. It's very difficult.

3.) Which is better:
-To start with the new employer and totally quit here? Or could I use my leave credits and just disappear? Either way, will that be considered AWOL? I am not causing them any damage.
-Or to start with the new employer and report here until the 30th day, just so "wala silang masabi"? That will be breach of contract because it says not to work simultaneously at another company of similar business.

4.) I know several illegal activities that the company is doing (OT is being offset by time-off on another day, to name one). Could I use these as leverage when I sit down at the negotiation table with them? Will that constitute as harassment or threat or blackmail? I just want them to let me go; but if they don't, can I use these as leverage and/or can I file a suit against them, and even convince other employees to do the same?

Thank you all so much for your advice.

Hello po. Any answers? I think I posted naman in the right thread. Thanks

By the way, I have 10 VL/SL days left. Could I use them to do a terminal leave?

if you still have leave credits, then by all means use them.. also I think you worry too much.. you already resigned.. move on.. wala pa naman ginagawa yung company.. wala ka pang problema pinoproblema mo na..

Yes, I worry too much. I just want a clean exit. And more importantly I want to be prepared for any eventuality.

Thank you for being direct.

Read everything here but none of the posted items relate to my problem. I need help. Thanks. Here itgoes :
Currently, i am under preventive suspension in a company, a bpo company w/c i prefer not to disclose, i worked for 1yr 11mos. I was accused of fraud w/c still is under the 30 day investigation process. While on pso, and of course i am not happy now with th company, i am requesting an immediate resignation from the company because i am now currently employed at a different company to avoid additional case towards me (comflict of interest). Our hr people said that they will accept my letter but I have to pay of up to PhP75,000.00 bond and still the case will push thru and it might be extended for another 30 days. Questions : 1) Will i really pay for the 75k bond thing? 2) How lawful is the extension of the said case? 3) It doesn't show on our contract that we need to pay for it after the probationary period of 6mos but if let's say that they will claim that up to 75k or will not give me my backpay, can I file a case against them? 4) Once signed the receipt of my resignation, that means i am already dismissed from the company, right? 5) Will they give me coe or clearance if i resign and refuse to pay 75k?

Thanks much

1. If the company demands P75,000 as a bond, perhaps it is written as fine print in your contract. Usually, a bond is paid when there is a formal training conducted by the employer to employee and that the employee failed to render the number of years the employer required to cover the training cost

2. It is lawful to extend your preventive suspension if ever they are not yet done with their investigation. However, if they will extend your preventive suspension for more that 30 days, the company are oblige to pay you (give salary) even if you are in preventive suspension.

3. If I were you, let an ATTY read your contract and let him interpret it for you. If you really have a bond and wouldn't pay it, the company may deduct it from your last pay, 13th month, back pay and tax refund. You will only get the remaining amount.

4. Usually, resignation should be have 30-days notice but if your company will accept your immediate resignation, it is their prerogative

5. If your status is resigned, you may request for a COE. If your status is terminated, the company may opt not to give you COE

Just an advise, since you mentioned that you are now currently working with a competitor, be really careful about it. Once the company discovered that you are working for a competitor, you may be charged with moonlighting.

attyLLL wrote:that would be asking me to comment on the merits of your case, and that would be dangerous without a full proper review. besides it will be one sided, i wouldn't know what the company will allege and prove.

have they ever actually claimed from an ex-employee? you will have to weigh the risk of what you are planning.

one thing i sometimes advise, if you can't win, make sure the other side can't either. if the company wins and you don't have any properties registered in your name, then they don't have anything to execute against.

atty, un claims ba in case manalo kalaban will be ONLY on my current assets di ba? hindi na sila puedeng maghabol after magkaron na ko? who will decide na close na case after ma sheriff kahit walang makuha?

hi atty. i would like to ask for your advice about my situation...

nung natanggap po ako, i signed an employment contract stating their that i am under 6 months probation after it will undergo an evaluation for regularization, meron din pong another contract para sa regularization. then meron po dun na magbabayad daw po ng 100,000 not sure kung ano mga conditions para magbayad ka.,,they also ask me to write a letter stating how many months or years im gonna stay. so i write at least 1 year as long as it will benefit me or the company. then signed, in the letter their is no ther sign other than me.

after 4 months ko pong stay dun, i filled a resignation, because i got a job offer sa ibang company. my manager talk to me twice at tinanggap nya aman po yung resignation ko and forwarded to the HR. sinunod ko din po yung 1 month period kapag nagresign ka para sa mga tunrover ganun po... then 3 days before the effective date po... sinabi po nla na kakasuhan daw po nla ako kapag tinuloy ko daw po yung resignation ko kc nagsign daw poo ako sa contract at may pinirmahan daw po ako... tinanong ko po kung ano po yung pinirmahan ko sabe nla yung letter n ginawa ko...

dun naman po sa kabilang company na nagbgay po ng job offer, nagsign na po ako ng contrata at magsstart n rin.. kc pagkatapos po tinanggap ng manager ko po yung resignation ko at nagssimula na akong magturn over, nagsign na rin ako sa kabila since inaayos ko na rin aman po yung resignation ko..

ang tanong ko lang po
1. kung anong kaso pwd nla i file saki. pagkakaalam ko po civil case ata,
2. ano po ang legality nung ginawa ko pong letter kc yun po yung isang pinanghahawakan nla...
3. ano po ang dapat kong gawin sa current employer ko at sa future employer ko...
4. ano po pwd ko ireklamo kc hnd po nla ako binigyan ng copy ng contract,
5 . kung ano pong mga consequenses ang pwd kong matanggap...

tanong lang po sa mga kinasuhan ng company... ano na pong nangyari po sa mga kaso nyo?

Need Help Please..

i have been in my current company for almost two years, they send me to training abroad and asked me to sign a training bond contract. It stipulated;
-That upon completion of the training, you agree to be enter into an employment
service agreement with the Company for a period of one year with effect from 6
April 2013.
-That should you leave the service of the Company prior to the expiry of this service
agreement, you would have to pay the Company the balance of the service period
based on your current monthly salary or a sum of $5,000, whichever is higher, which
will become due upon written notice served to you by the Company.
then they send me again for another training last October, but I have not signed any training bond contract.
Now, there is a huge opportunity for me from another company. I have already send my intent to resign. (1 month notice) However, a training bond contract was being presented to and this time it is a 2 year bond.
Can they force me to sign the contract? Can they file a claim? And can they force me to pay for the amount stipulated in the contract which I have not signed?

Thanks in advance for the help.

Hi atty (and everyone else who can help me with this)

I've read all the issues posted in this thread and found some which are somehow related to my topic.

I'm under a contract as an IT programmer with an agency that deploys employees to its clients. With regards to performance supervision, under po ako sa client but the payroll is still under the agency. No mandated benefits nor HMO. Tax is only 2% and no work no pay din po.

Nakalagay sa contract ko na March3 ang start date ko sa client pero di pa po ako nakapagsimula at the said date kasi sabi ni agency di pa daw napirmahan ni client yung contract. It took almost a month (March 25) bago ako makapag start.

After a week of reporting to work, I got sick and told the agency na hindi muna ako makakapasok. Went to the hospital for a check up and learned that I had measles so ininform ko ulit si agency na baka the next week na ko makapasok. But after a few days, they sent a letter, a memo rather, about my unexplained absences daw sa client, thus asking me to report immediately to them. Also mentioned in that memo is the P100,000 bond that I have to pay in case I breach the contract. I contacted them the day after and aired my side. Sabi nila ipapakausap na lang daw ako sa legal nila. But when I asked them kung pwede makahingi ng copy ng contract, ang sagot lang nila is ia-advice na lang nila ako with regards to that matter. The following day, they sent me a text message saying, "Pasok ka na on Monday para wala maging problem na lang. If you want magstay ka na lang sa 'client' kahit 3months. Or else gagawa na kami ng legal action for breach of contract and you need to pay the bond"

So, my questions are as follows:

i.) Is it legal/lawful (or any term, sorry cant put it to words) na nadelay yung starting date ko despite na iba yung nakalagay sa contract?

ii.) In relation to the first question, as far as I can remember, nung sinabihan ako ni agency na magstart na ko kinabukasan, she mentioned something about changing the 'starting date' sa contract. Okay/Allowable po ba yung ganitong change?

iii.) Last convo I had with the agency humihingi ako ng copy ng contract ko and also told them na pupunta nalang ako sa office nila since they said na hindi nila mini-mail yung contract. Pero ang reply nila sakin is hindi pa daw lumalabas yung contract kasi nasa boss pa nila at wala pang sign. Kung hindi pa po signed yung contract on their end, considered po ba yun as binding na or hindi pa?

iv.) About the bond, ang naalala ko po sa contract is kapag nagsign/tumanggap ako ng JO sa other company, dun po ako kailangang magbayad ng bond. So in this case, can they still insist that I have to pay the P100,000 bond if I don't continue my contract with them anymore? And if they do take the legal action that they are saying, what is my best chance of turning this back on them?

v.) Lastly, am I under a labor-only contracting situation? Wala naman silang binigay na training whatsoever, walang medical basta diretso deployment sa client.

Thank you so much in advance! Sorry if this is way too long. I just want to give as much details as possible.

Hello,

I have a question about the contract we have signed from a large company.

As stated in the contract,
"Signing this offer signifies your intention to commit for company X for 6 months from the start date. As such, you agree to remain employed by Company X for a minimum of 6 months from actual start date. Failure to do so do so shall render you liable to pay liquidated damages to Company X in the amount equivalent to 6 months of basic pay. Should you tender resignation and or be terminated for any just cause under the Labor Code or other prevailing law or jurispudence before the end of the period stated in the provision hereof, full repayment of the aforesaid amount must be done on your last working day."

Yes. Sana narealize namin agad 'to bago pumirma. If ang salary ko ay 60,000 then I have to pay them 360,000 which sa palagay ko ay hindi fair. May laban po ba kami kung sakaling magresign kami?

Thanks!

Hi, Atty! I so badly need an advice. I have read the messages on this forum but I am still bothered. I worked in a BPO company this year for four months and this was my first call center experience. The HR said I should pay the training bond which is 30,000 because the contract says a locked-in period of one year. When we signed the contract it was not discussed to us what we we're signing for. They even revised the contract during our training period which made us sign it without reading it again. I worked there for 4 months and I resigned due to my health condition. I've been sick for more than a week and went to work but still the clinic didn't fit me to work. When I submitted my resignation letter it says there effective immediately but they told me they don't allow it and I have to render a month and told them I was okay with that. But right after my shift the manager told me that my resignation was approved and that'd be my last shift. So I was confused with the real policy. And because it was my first BPO company I wanted to have a clear exit because most of my wavemates just went on AWOL and I don't want to be like that. I was shocked when they told me about the training bond. They won't issue a COE, my last salary and my 13th month and I will have negative amount which I need to pay or else an interest will incur if I don't pay it on time. Then when I asked how about those agents who went on AWOL if they were able to send them notice for the bond and they just said they won't receive anything from the company event a good feedback and I was so devastated with the response. We have 10 agents who never did the clearance thing but they were able to find a new job. And I was the first one to do the right way yet they want me to pay for it. The HR said the training bond can be waived if I can provide a medical certicate saying I am not fit to work in 8 months which are the remaining months in the contract and they only given me a week. If only they explained the contract during the job offer we could understand it. I really don't know what to do because they knew I was new in this industry and they just bombarted me with this bond which they enumerated one by one during the exit interview. Can I have a stand with this one? Why would I be the only one who needs to pay when the rest left the company right after the first salary. Now I don't what to do. I still don't have a job and I only have until Friday to submit the medical certificate. Hope you can help me with this. Thank you.

atty, tanong ko lang po, i left my previous company a few months ago, pero regular employee na ako dun. But AWOL ako, kasi biglaan yun kaya di na ako nakapag resign; umalis ako sa company ko sa CEBU ng biglaan kasi may emergency akong inatupag sa Mindanao. Natagalan ako dun hanggang sa tuluyan na ako nilang inalis at naka tag sa akin ang AWOL/TERMINATED. kapag ganun po ba may habol pa rin po ba ako sa 13th month pay ko na hindi naibigay sa akin last June {January - march, 2016}? naibigay na sa akin ang 13th month pay for last year 2015. Kailangan ko pa po ba pumunta sa nlrc para dun kasi ayaw po nila ibigay.

lex.socrates wrote:atty, tanong ko lang po, i left my previous company a few months ago, pero regular employee na ako dun. But AWOL ako, kasi biglaan yun kaya di na ako nakapag resign; umalis ako sa company ko sa CEBU ng biglaan kasi may emergency akong inatupag sa Mindanao. Natagalan ako dun hanggang sa tuluyan na ako nilang inalis at naka tag sa akin ang AWOL/TERMINATED. kapag ganun po ba may habol pa rin po ba ako sa 13th month pay ko na hindi naibigay sa akin last June {January - march, 2016}? naibigay na sa akin ang 13th month pay for last year 2015. Kailangan ko pa po ba pumunta sa nlrc para dun kasi ayaw po nila ibigay.

OO, dapat ibigay sayo yun pro-rated 13th month pay mo.
Bakit daw ayaw ibigay? Nag-clearance kna ba? Kung nag-clearance kana at wala kang utang sa kumpanya e may karapatan kang makuha ang 13th mo. pay mo.

HrDude

Sir, AWOL daw ako kaya't di ko daw pwede kunin yun, samantala tapos ko naman bayaran ang training bond nila na 10k kasi nasa contrata na kapag regular employee na tapos na ang bond. Wala silang ibang binigay na rason sa akin, naasar na ako sa kakabalik dun sa kanila. Sabi ko kailangan ko mag clearance, ang rason laging wala ang supervisor ko, tapos minsan yung HR officer naman ang wala. Hindi naman nila sinasagot ang tanong ko o di kaya wala akong makuhang tamang sagot kung kailangan ko pa ba mag clearance sa kanila.maliit na amount lang yun sa knila kung tutuusin kaso malaking bagay na yun sa akin kasi mahirap lang kami.

lex.socrates wrote:HrDude

Sir, AWOL daw ako kaya't di ko daw pwede kunin yun, samantala tapos ko naman bayaran ang training bond nila na 10k kasi nasa contrata na kapag regular employee na tapos na ang bond. Wala silang ibang binigay na rason sa akin, naasar na ako sa kakabalik dun sa kanila. Sabi ko kailangan ko mag clearance, ang rason laging wala ang supervisor ko, tapos minsan yung HR officer naman ang wala. Hindi naman nila sinasagot ang tanong ko o di kaya wala akong makuhang tamang sagot kung kailangan ko pa ba mag clearance sa kanila.maliit na amount lang yun sa knila kung tutuusin kaso malaking bagay na yun sa akin kasi mahirap lang kami.

Mag-file ka ng money claims sa DOLE.