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Employment Bond

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1 Employment Bond on Wed Jun 27, 2012 4:59 pm

bulliedboy


Arresto Menor
I joined a big IT Company last June 16, 2012. But I want to resign asap.

During the hiring process, the information relayed to me was that if ever I will work on nightshift or midshift, it is an option for me to work from. So I joined the copany even if the locations is very far from my residence.

But after new joiners orientation, I was told that I could only have the work from home setup once I get regularized. This information was not stated in the contract that I signed. Actually, the work from home setup was never mentioned on my employment contract.

Since I can't compromise my safety, health and personal time just to go to our office on midshifts and night shifts, I would want to terminate my employment before I officially onboard on a project.

Is there a way for me to not pay the empolyment bond worth 1 month of my salary and serve 2 months more for notice period?

Please help me out. I really felt cheated that they didnt tell me that the work from home setup that they sold to me was only available upon regularization.

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2 Re: Employment Bond on Wed Jun 27, 2012 11:00 pm

attyLLL


moderator
you can try to negotiate it, but if they don't agree they will probably hold your salary. you can look up employment bond in the forum for the other discussions on this


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3 Re: Employment Bond on Thu Jun 28, 2012 1:06 pm

emely.m.dizon


Arresto Menor
makukulong po bang kung hindi mabayaran ang contract bond?

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4 Re: Employment Bond on Thu Jun 28, 2012 3:00 pm

bulliedboy


Arresto Menor
What if po hindi sila pumayag? Magkano po kaya ang lawyer fee?

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5 Re: Employment Bond on Thu Jun 28, 2012 3:29 pm

bulliedboy


Arresto Menor
Below is my resignation letter detailing the issue. Based on what have transpired, is there a way that I could go out of the bond legally? I think that they wont approve my resignation. Sad

------ Start of Letter ------

I decided that it will be better for both parties (*company* and me) if I retract my job acceptance. There are three major factors that I considered which I will explain below:

1. The project setup relayed to me during the hiring process was not the setup being imposed to me now. - It took me a long while and a lot of "weighing out of factors" before I accepted the job offer. I had a very good career with my previous employer. The pay and benefits was also good. I took the risk of coming in here confident that I have considered all thing that needs to be. I am aware that I will be required to work on UP Ayala. I was also aware that I'll be rolling in to the *client* project. I was interviewed by the local team and the client team as well. I know that I'll be working on shifts because of the support role. I asked questions that mattered to me. And one of those was the setup when doing nightshift and midshift. I want to reiterate that I was told that if ever I will work on nightshift/midshift, I have the option to work from home. You can ask *interviewer* on the details she relayed to me during the interview process. This however was not acknowledged by the project manager when I was on the process of project onboarding. I immediately asked for a meeting to settle the differences but unfortunately, we did not arrive into a compromise.

2. I felt that I was bullied. - The first few days I spent with the project, I knew that what was relayed to me pertaining to reason #1 is being followed. There are two resources that are not yet regularized but are getting the privilege of working from home when working on midshift and nightshift. They are *emp_1* and *emp_2*. I also asked the people who stayed in the project longer and asked them if they immediately worked from home when they started doing shifts. All of them said yes. You can ask the entire *client* project regarding this. I was singled out and the treatment that I received is different from what the entire team is receiving. I raised this concern during the meeting with my manager and the reason given to me was that my case is different. I didn't see the difference he pointed out. During the meeting, I raised the option of me just resigning because of reason #1. I got a feedback from my manager that I am a disappointment and that I may not be fit as *company*'er. Throughout my two weeks stay here with *company*, I lived-up the *company* core values not because I should but because I believe on it. I was just saddened that because I raised issue #1 and blurting out the option I could think of on a firm manner would illicit such perceptions (I am a disappointment and I may not be fit to work in *company*). I was also told that it is my fault that I did not ask the WFH setup to be put on contract. I somewhat agree on that because I took what was told to me during the hiring process were all facts. I've been doing support roles before in other companies and I know that WFH is really an option given to people working on nightshifts and is project specific so I did not ask that it would be put on the contract.

3. I felt that I was threatened. - After raising the option of me backing out. I was told that whatever's on the contract should be followed and if I resign, I should pay the bond and serve the 2-month notice period. This I think is illogical as I have not officially onboarded yet and just finished orientation. My skillset and market knowledge is the same as when I joined. I was told that *company*, being a very big company has a very big influence. I was told that the IT world is just small and the HR resources on different companies are networking. I worked hard for my professional reputation. I am still working hard to maintain that. I read the contract that I signed to. I am aware of the project setup. All questions that mattered to me, I asked during the hiring process and because of the responses, I accepted the job offer. There were no mention in the contract that I need to be regularized before having the option of WFH. It was not in the policy guideline which I also signed. I believe that there is a policy regarding this but I know that it is not in the guideline that I signed. I felt cheated and dwarfed. I felt that the reputation, I painstakingly built for more than 8 years could be in peril. I was given a hypothetical question asking if I changed project, will I be flexible enough. My answer to that is that I have no choice but should. That is stipulated in the contract. But what is happening now is very different. When I accepted the offer, I was not yet employed with the company. The variables and environment are different. In the current situation, before accepting the offer, I know that the project I'll be joining is long term and the skill set I have is only utilized on that sole project and nowhere else within *company* so the chances of me rolling off is slim. I don't take risks, I take calculated risks.

The two weeks stay I had with the company has been a rollercoaster ride. Even though it caused me so much trouble and pains, I don't have regrets. I view this as a learning experience that have strengthened me. I have sacrificed my time and resources willingly to meet and even surpass what was expected of me. I am still expecting that all my efforts will be compensated. I still have my respect with *company*. I know that it is one of the most ethical companies around that's why I did not hesitate to raise my concerns. I did not fear of retaliation. I could have just left but I want to go through the process because I believe on it and I know it is the right thing. What was lost is my desire to work and contribute to a team that I know I can trust. Because of that hindrance, even if I get what I have expected (reason #1), the best option that I could think of is to retract my job acceptance immediately. I am sure that the expectation of the company is for me to perform at my best but I don't think I could, given than I already lost the drive.

Still, I want to express my gratitude to the company. Thank you for taking me in and believing on me. I am sorry if there are troubles that I may have caused. I think that my life's *company* chapter is nearing its end. Please let me know how I could surrender all *company* assets that I have at the moment. What I am striving for is to have this concluded professionally and ethically in the earliest possible time. I may have uncertain future ahead but I want to face that with a clean slate, head on, hoping for the best.

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6 Re: Employment Bond on Thu Jun 28, 2012 9:40 pm

attyLLL


moderator
the only way to find out is to submit your letter and try to talk to them


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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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7 Re: Employment Bond Today at 9:55 pm

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