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Training Bond and Service Contract

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1 Training Bond and Service Contract on Tue Apr 17, 2012 12:51 pm

sirdrag


Arresto Menor
Greetings! I am in a situation now with my previous company since they are deducting "costs" out of my last pay.

To start off, I was hired by the company as a Project-Hire Consultant, meaning I would renew my contract periodically:
May 24,2010-May 24, 2011
May 24, 2011-August 24, 2011
August 24, 2011-February 22, 2012

After February 22, I didn't renew my contract since I would like to leave the company since the work environment was not really good (High stress due to executive's attitudes, etc.)

I would like to ask for advise on the following:
1) In May 2011, we underwent training for a software. In June 2011, we were asked to sign a training bond (after-the-fact and we were not advised previously). My bond was dated to expire on July 4, 2012. two other people who took part in the training did not sign since they were regular employees. two others signed since they had short term contracts (9- and 6-months, mine was 1 year) My concerns here are:
a) the training bond goes beyond my service contracts hence is the training bond legal? since when my service contract expires, shouldn't this negate my training bond?
b) Am I entitled to a pro-rated 13th month pay since the new labor law entitles even contractual employees to 13th month pay.

This is a holdings company of a well-known name in the country.

Am looking forward to your advice.

Thanks,

Sincerely,

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2 Re: Training Bond and Service Contract on Tue Apr 17, 2012 12:52 pm

sirdrag


Arresto Menor
Forgot to mention,

They also didn't issue us a copy of the training bond contract

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3 Re: Training Bond and Service Contract on Thu Apr 19, 2012 8:44 pm

attyLLL


moderator
the 13th month pay law has always mandated 13th month pay for employees including those on project based contracts.

as for the issue of the bond, just search for "employment bond" to read the other discussions. my position is that it should not be enforceable.


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4 Re: Training Bond and Service Contract on Fri Apr 20, 2012 10:38 am

sirdrag


Arresto Menor
attyLLL, thanks for the advise. so technically, I can demand it. but what forum should I go to for this.

Note: If there were to be hearings on this during weekdays, I would lose more from being absent in my new job than what I would be getting from the training bond.

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5 Re: Training Bond and Service Contract on Sat Apr 21, 2012 5:40 pm

attyLLL


moderator
your remedy is a complaint at the nlrc.


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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