Contractual Agreement

Good Afternoon Attorney,

I would like to know your opinion regards po dito :

I am about to work in a company for a contractual Service job for other company (I will represent their company to for Globe as a project coordinator) I signed the contract for until Dec. 31 2017 for a 2000 per day net income. The problem is gusto ko sya i nullify because of the following:

-Contract Agreement liabilities, where as i will represent their company for globe but incase there will be a problem with regards to the work or damage i will be solely liable for all the expenses icluding attorney's and damage fees.

-No goverment mandate benefits (SSS, PAG-IBIG, PhilHealth.. bonuses, etc..)

-I must change tax payer type from employed to self employed. (They want me to be in Employer to Contractor relationship).

-No Health Card

-The contract is only subject for renewal/extension only.

*My current status is , pinapa terminate ko na yung contract habang hindi pa ko nag start but ayaw nila.. its either they will file or seek legal council for legalities daw dahil sa damage and expenses na compromise ko to prepare for my work.

*Kaya po namen tinaggihan tong offer kasi dahil dun sa clause ng agreement na kapag nagkaroon ng problem sa work or project eh ako ang mag shoulder. natatakot po kami na magbayad ng malaki dahil project management po ito.

*Anu po kaya ang dapat kong gawin or anu po ang maipapayo nyo about dito?

Maraming salamat po in advance attorney

Regards,
Mark

I would like to follow up the topic.. thanks

you already signed it? they can sue you for damages if you back out now.

next time, read terms carefully before signing..

Yes they want to sue me for damages as i have said in the post. Now, i want to know your opinion po for what can i do to counter there legal actions since they have deescrepancies po for the contract agreement.

ano pong discrepancies? I think the contract terms were clear and you agreed by signing the contract... it will be invalid if they showed you something and altered it after you sign it.

As a contractual po it should be covered still with mandated benefits and health card tama po ba? and for law terms contractual should be subject for absorption not renewal? and how about sa contract liabilities which they are not liable for any damages but represents their company for the client? hindi po ba descrepancies ito?

HMO is not required, ang required lang yung SSS/Philhealth/Pagibig.

As I said, for as long as you agreed with the terms of the contract, there is no discrepancies.

You should have not signed your contract if you did not agree on the terms.

Contracts are the law between the parties and they have to be complied with in good faith. Since you signed it, they have evidence that you conformed to its terms, and it can be used against you. Try reading this, I hope this gives enlightenment as to your situation. https://www.alburovillanueva.com/contracts

ipanullify mo yung contract kase hindi sya conformant to the labor code kung sa tingin mo eh it is an employment contract, kase pag ganyan arrangement masyado mababa yung 2k/day. pag sa kumpanya nila ipa subcon yan malamang mababa na yung 18k/day. at tsaka bakit 3months lang? dapat kung ganyan minimum 3yrs contract para may security ka. dapat bawal yang mga ganyang mga contracts, abusive