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Are the contracts in the still legal if the payable money for the damages has no basis?

3 posters

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Leni_Robs


Arresto Menor

I was assigned as Intra Company Employee to work overseas. They have given me a Binding Contract to have obligatory service for 3 years after I have finished my work.  They put a certain amount of cost if I would not render the service.

I have a Payslip and is paying tax in the overseas country so basically they have no cost for my allowance and accomodation because i turns out that my salary has been paying for it that is why I did not receive the full salary as stated.



Last edited by Leni_Robs on Tue Jun 26, 2018 9:10 am; edited 1 time in total

mikos23

mikos23
Reclusion Perpetua

contract is legal as long as both parties agree to it. enforcing is a different case. if payment to damage has no basis, you can contest it.

Leni_Robs


Arresto Menor

Thank you! So the plan would be just wait for them to sue me?

arnoldventura


Reclusion Perpetua

The contract is valid, and if ever, only the provision on damages could be questioned. The rule is that a single provision in the contract that is rendered invalid or unenforceable cannot invalidate the entire contract. https://www.alburovillanueva.com/contracts

Leni_Robs


Arresto Menor

I noted about the legality of the contract.

This was the info. in the contract and is deemed questionable for me.

In case the Transferee resigns or terminates his/her employment with Phil.Company or is separated for any of the just causes under the law, before or anytime prior to the completion of his/her obligatory service for at least three (3) years, Phil.Company shall have the right to recover from Transferee certain costs such as but not limited to the following: airfares, accommodations, allowances, and other expenses incurred during intra company assignment.

I have my own payslip in the intra company.It has also shown that the payslip have deduction of the accomodations and they also deducted it for my salary in philippine. So basically I'am the one paying my salary in my philippine company.

mikos23

mikos23
Reclusion Perpetua

if you are talking about deduction of accommodation both in your payslip in the intra company and the philippine company, have you asked the hr for this deduction? it could just be a mistake in their part. just ask them nicely for the double deduction.

Also, if you have a clause in the contract that you deemed questionable, you should have raised your concern first before signing. once you sign, you will state that you had agreed to all the clauses in the contract.

Leni_Robs


Arresto Menor

Thank you for the response.

The situation is that I have a 250,000yen salary on my payslip in japan and 30k salary on ph..
the problem is i will only recieve 108,000yen and 30kphp (taxable) salary every month..and 150,000yen was payed for the accomodation and the salary, bonus,13th month (in Philippines) pay,tax etc. and it is clearly stated in the payslip. So the damages was questionable at this time.

about the raising of concern unfortunately we did not know that this is the work process. we where only given the info that we have only an allowance of 108,000 which comes from them so they say.

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