Termination of contract

Hi, just want to consult something. It’s about my friend. He is currently in a BPO company. He is only a week old there. But he recently got an offer from an IT company. He really wanted to transfer to the IT company. The question is, can he terminate his contract in the BPO company? Thanks!

Yes, everybody has the right against involuntary servitude. However, tell your friend be ready for the consequences of his actions.

HrDude wrote:Yes, everybody has the right against involuntary servitude. However, tell your friend be ready for the consequences of his actions.

"if you terminate your employment with the company or are dismissed within four(4) months after the start of training("the minimum-stay period"), you agree o reimburse the company immediately for the cost of your training in the amount of 25k pesos without the need of demand. upon signing this employment agreement, you authorize the company to deduct the said sum of 25k from any and all the sums of money and/or salary accruing to you(final pay). furthermore, it is understood that the difference, if any, between the said sum of 25k and the sum actually deducted from your salary will be immediately due and payable by you to the company without need for demand"

He is only a week old in the company. Does this still apply? Or the 25k will be prorated?

vom0812 wrote:

HrDude wrote:Yes, everybody has the right against involuntary servitude. However, tell your friend be ready for the consequences of his actions.

"if you terminate your employment with the company or are dismissed within four(4) months after the start of training("the minimum-stay period"), you agree o reimburse the company immediately for the cost of your training in the amount of 25k pesos without the need of demand. upon signing this employment agreement, you authorize the company to deduct the said sum of 25k from any and all the sums of money and/or salary accruing to you(final pay). furthermore, it is understood that the difference, if any, between the said sum of 25k and the sum actually deducted from your salary will be immediately due and payable by you to the company without need for demand"

He is only a week old in the company. Does this still apply? Or the 25k will be prorated?

He is bound by the terms and conditions of his contract. However, the contract CLEARLY states that the 25k is for the cost of training. This is the condition for the amount to be demandable. If the condition has not yet happened, he is not bound yet. Therefor, if there is/are no training/s yet, your friend can resign without being penalized for the said amount.