CONTRACT BOND

Good day!

I'm Arvin po and currently working here in one of the resorts sa Palawan. Nung na hired po ako as a Front Office Associate they send me an Affidavit of Undertakings stating na I have a contract of 1 year and if ever hindi ko sya ma meet I will be paying them the amount of Php.31,200.00 as contract bond. I have the said Affidavit notarized then book for a flight to Palawan in my own cost. I am now working here for 3 months and I asked my Manager na mag reresign na ako considering my health kasi hindi na talaga maganda yung pakiramdam ko siguro dahil sa schedule ko na 12 hours and graveyard shift pa, my Manager told me na marami ng naging ganung excuse and he asked me to see a Doctor and asked for a certificate stating na may sakit talaga ako. Kaylangan ko pa po ba talaga magkasakit para payagan akong umalis? I'm mentally and physically stressed kaya gusto ko ng umalis. Hindi pa po ba yun valid reason? Aside from considering my health isa pa po sa mga concern ko is the Management, I don't want to compare them sa previous job ko pero hindi ko talaga mapigilang i compare because wala talaga silang standards, kulang na kulang sa tao kaya napansin ko na every one is inefficient, we do things na unexpected and hindi manlang kami nasabihan before we signed the contract or before we notarized the Affidavit of Undertakings. Like for example, Graveyard Shift as Front Office Associate then the schedule of Room Attendant is only until 12 mid night then kapag may other concern yung mga guest from the Housekeeping Department or in other departments kami yung mag rerender, wala din pong documents na binigay or pinakita samin about our job description and there is no proper training for me I think. Is there a way to go out po ba of my contract and not pay for the contract bond? I am also questioning their contract bond kasi wala manlang breakdown dun sa sinasabi nilang liquidated damages if ever hindi namin matatapos yung contract, hindi ko sure kung saan nila nakuha yung amount for contract bond and I think they just multiplied my monthly salary into 3, Php.10,400 monthly salary multiplied by 3 is Php.31,200. I really need your help po and sana matulungan nyo po ako. Hindi po nila ako pinayagang mag resign so now I am planning to leave without informing them kasi nga ayaw nila akong payagan. I need help po. Thank you very much.

You don't need a valid excuse or even a doctor certificate to resign. If you don't like your work, or if you think it will be detrimental to your health, you can state that in your resignation letter. whatever the reason, resignation is your choice and your rights, and they cannot for you to stay. All you have to do is just render the 30 days notice as required by law.

Regarding the payment of bond, they can only force you to pay it by claims in court. let them file it but experience wise, they won't. If you have a problem, you can approach DOLE in palawan which, in my experience, is fast in processing their cases.

hope this helps

Thanks a lot mikos23.

this is quoted from an article in the manila times. It is an advice column from PAO

"Your company cannot force you to work for them. Neither can they refuse to accept your resignation if you have complied with the notice requirement of the law.

However, you have to prepare yourself of the consequence of your act because you may be held liable for damages for breach of contract. Under the law, obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith (Article 1159, Civil Code). Corollary is Article 19 of the Civil Code which provides “Every person must, in the exercise of his rights and in the performance of his duties act with justice, give everyone his due, and observe honesty and good faith”.

Any violations of these provisions give rise to a cause of action for damages in favor of the aggrieved party. Damages may be in form of actual/compensatory, moral or exemplary damages. Indemnification for damages shall include not only the value of the loss suffered but also that of the profits which the obligee failed to obtain. You may be adjudged by the court to pay damages should your company proceed to sue you. –Persida Acosta, Manila Times"