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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » Company Bond

Company Bond

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1Company Bond Empty Company Bond Tue Dec 05, 2017 10:23 am

WeiWuWei


Arresto Menor

Hi, I hope someone can help me. I signed a bond stating that I would not work for a competitor or another company in the same industry for one year after resigning. If my company has failed to remit my government mandated benefits for the past few years can I use that as a basis for breaking the bond? Since they did not honor their legal obligation to remit my benefits, but still deducted them from me wouldn't this void the contract as well?

Thanks in advance.

2Company Bond Empty Re: Company Bond Tue Dec 05, 2017 10:43 am

lukekyle


Reclusion Perpetua

Technically dapat hindi, contracts usually have severalbility, meaning even if invalid yung isang provision, it does not invalidate the other terms and conditions.

What you can do is since hindi nila ni remit yung SSS mo, pwede mo sila ipakulong kung hahabulin sila ng SSS. Although from the kulungan pwede ka parin nila habulin for working for a competitor.

You can ask them to waive the clause and you in turn will not go after them for failing to remit your SSS

3Company Bond Empty Re: Company Bond Tue Dec 05, 2017 11:42 am

WeiWuWei


Arresto Menor

Thanks for the reply! The problem there is, every instance someone tries to file a case with SSS or even threatens to do so, said person's SSS remittance history suddenly manifests itself into the system.

4Company Bond Empty Re: Company Bond Fri Feb 09, 2018 3:15 am

arnoldventura


Reclusion Perpetua

Kahit hindi nila tinupad ang obligasyon nila, hindi yun excuse para hindi mo tuparin ang obligasyon mo. Sabi nga, you cannot correct a wrong by doing another wrong. Ang magagawa mo na lang jan ay ireklamo mo na lang sila sa hindi nila pagbabayad ng SSS mo. Basahin mo to, sana makatulong sayo. https://www.alburovillanueva.com/sss-pagibig-philhealth-imprisonment

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