Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password

You are not connected. Please login or register

Agent is mandating a 30-day notice period even if it's not in the contract

Go down  Message [Page 1 of 1]


Arresto Menor
Hi, I would like to seek advise for a certain situation. I have signed a 1yr contract from Jan to Dec 2012. But now I wish to be released in less than 30 days. Agent is saying that 30-day notice period is required although this is not stated in the contract that I signed. Should I be allowed to be released on an earlier date? There is however a clause that says:

If either party of this agreement fails or refuses to perform its terms and conditions, the party not in default may give 10 days' written notice to the defaulting party of the alledged default and if such default continues for 5 additional days from the date of receipt of notice, then this agreement may be canceled by the party not in default. All the rights and remedies allowed by the law for breach of contract will be open to the party not in default. The waiver of any provision of this agreement will not be construed as a waiver of any succeeding breach of any of the terms of this agreement.

Shld the breach be on the part of the Consultant without fault of the client, the latter shall be entitled to an indemnity of Php100,000.00 exclusive of attorney's fees."

Thanks in advance!

View user profile


if you don't finish the contract until dec 2012, you will be in breach. if what they require is just 30 day notice, then that's very reasonable.

if you are/had been an employee, the labor code requires 30 day notice

[i] Visit our FB Page: FOR MORE LEGAL ADVICE  
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.
View user profile

Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum