Breach of Contract ( what case should i file in NLRC?)

Good Evening Atty,

On October 5, 2011, I was called by a recruitment officer in a call center company and offered me a position as a Technical Representative for a day shift account. I accepted the invitation and went to the office to undergo the recruitment process. During the interview, the recruitment officer confirmed that indeed the position I was applying for is on a morning shift.
I passed the recruitment process and signed the job offer thinking that I would be on a day shift account. I was given a training schedule and was a bit confused as the training would commence from 12 midnight to 8 in the morning. Weeks after, I happen to ask my trainer regarding our work schedule after the training. She said that the account I am into now is on a regular graveyard shift and she didn’t know why I was told that it would be on a morning shift.
I was misinformed. The work schedule I have now is in conflict with my personal schedule because I am a single parent. I accepted the offer because I was told that the account I would be placed into is on a day shift schedule. With this, I felt demotivated to continue with the training.

I sent an email regarding this concern to my immediate supervisor and a week after I was called by the recruitment officer who conduct the interview during the day of my application.She denied all of that and she said she never mentioned that the job is for a regular morning shift.She also said it will take 9 months for me to be transfer into a day-shift job (I am now in a floating status). I feel that I am violated and misinformed, I want to know if this is also covered of "Breach Of Contract" case? She also said that they will terminate me if i will not accept my work assignment. Can I a file a case against them for Breaching the contract? and I also need an additional advice of what to do on this type of situation.what case should i file in NLRC?

Thank you and God bless!

do you have any documentary evidence at all of this alleged promise you will be in the day shift?

they put you in floating status? did you refuse to report for the shift given to you?

1.None, it is a verbal promise, during the contract signing I also ask them why it is not written in the contract that the job is for a regular morning shift.

2. I finished the training but after that I sent an email regarding the work schedule. Yes, I refused after they mentioned that I need to wait for 9 months to be transfer in a day shift job.

there is a principle that when a contract is put into writing, any verbal agreements non included are no longer honored. while you may file a complaint at nlrc, i'm afraid that it may not prosper. i recommend you negotiate to work something out.

thanks for the advice atty.

Hi, i would like to know if theres a chance to win for breaching of contract in my case.
I applied in a bpo company last aug 11, 2017 and passed the recruitment process also completed the necessary requirements that i must do for the specific account that they offered. Then we had a written contract that class will start on sept 25,2017 so i waited and did not look for a job anymore however someone from the hr called me now and he said that the class was cancelled because of client decision and moved to Oct 23,2017 but still theres no assurance that it will still push through so they did offered me another account for a different post and sadly the compensation is way too low from the account that i supposedly handel this sept 25. And he said that i need to go to the another recruitment process for that again and pass it on monday and if i will not go i wont be able to get that job. So is there any way that i can file a cse and sure win about this? Because of the damage and imconvenience that i did wait too long for the job and did not apply or look for any job just because i thought ot will start on sept 25 this year. Please tell me what to do thanks!

Hi Kayleen,

If you want to ask a question, post your own topic and do not add it the topic of others.

This question you posted, you added it in 3 different topics. Having 3 questions posted would not change the answers of those who took the time to review your case, it will still be the same. What you just did is to "revived" old topic that is already closed. Please don't do that again.

Kayleen wrote:Hi, i would like to know if theres a chance to win for breaching of contract in my case.
I applied in a bpo company last aug 11, 2017  and passed the recruitment process also completed the necessary requirements that i must do for the specific account that they offered. Then we had a written contract that class will start on sept 25,2017 so i waited and did not look for a job anymore however someone from the hr called me now and he said that the class was cancelled because of client decision and moved to Oct 23,2017 but still theres no assurance that it will still push through so they did offered me another account for a different post and sadly the compensation is way too low from the account that i supposedly handel this sept 25. And he said that i need to go to the another recruitment process for that again and pass it on monday and if i will not go i wont be able to get that job. So is there any way that i can file a cse and sure win about this? Because of the damage and imconvenience that i did  wait too long for the job and did not apply or look for any job just because i thought ot will start on sept 25 this year. Please tell me what to do thanks!