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Training and Employment Contract

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1 Training and Employment Contract on Sun Jul 01, 2012 8:54 pm

mkbmamaril


Arresto Menor
hi, I would like to ask some certain things about breach of contract of employment with bond. I signed a 2 year contract stating that after training with the company, i am required to render 24 months of service in their company and if not i would pay them 100,000. afterwards I found out that the salary is not good enough to support my family and also to provide me for my daily expenses to go to work. Would my reason enough to make me notliable for the bond? Thanks! Hoping for your answer.

Additional, the salary is not stated in the training and employment contract i had signed. And also, we need to go to work on saturdays if required, but with no pay.

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2 Re: Training and Employment Contract on Mon Jul 02, 2012 4:03 pm

wintersonata


Arresto Menor
pano po yun nangyari na afterwards nyo pa nalaman na hindi maganda ung salary?eh diba kasama naman sa pinipirmahang contract ung salary.

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3 Re: Training and Employment Contract on Tue Jul 03, 2012 3:56 pm

attyjoyce


Reclusion Perpetua
You are bound by the contract you signed, particularly a regards the bond provision. The fact that you are not receiving enough will not excuse you from paying the bond in case you resign sooner than two years. The compensation is usually reflected in the offer letter and the contract of employment, so this should have been considered by yourself long before you signed the contract.

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4 Re: Training and Employment Contract on Thu Jul 05, 2012 11:18 am

mkbmamaril


Arresto Menor
actually sa initial training agreement, the salary is not stated in the contract, sinasabi lang nila when we ask kung magkano ang sasahurin, they will answer as na mataas daw kasi we're considered as professional artist. tapos we need to render over times and even in saturdays without pay which is not also stated in the contract.

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5 Re: Training and Employment Contract on Thu Jul 05, 2012 11:29 am

mkbmamaril


Arresto Menor
additional pa po pala, is it okay that we are not considered as their employees kasi self-employed daw po kami. yung pinirmahan po pala naming contract is training agreement.

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6 Re: Training and Employment Contract on Thu Jul 05, 2012 11:29 am

ibonidarna


Reclusion Perpetua
Humingi ka ng memo about it. And ask how much is your salary, better have it documented just in case you want to resign, or to sue them.

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7 Re: Training and Employment Contract on Thu Jul 05, 2012 11:32 am

mkbmamaril


Arresto Menor
now my situation is pina-sign na nila kami ng professional artist agreement stated the salary after ng initial training agreement. i already signed kasi i have no choice kasi binded na ko nung initial contract.

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8 Re: Training and Employment Contract on Thu Jul 05, 2012 11:43 am

mkbmamaril


Arresto Menor
i already talked to the HR regarding my situation, but they refuse to answer. ang sabi lang nila alam ko na daw ang kasagutan dun which is i am still obliged to pay them.

may iba na rin akong katrabaho na umalis na sa company na pinapasukan ko in short nag-AWOL sila. sabi nila pinapadalhan na daw sila ng letter and they just ignored the letters sent to them requiring them to pay 150,000. what are the possible consequenses of ignoring the letter.

additional question, what if nagpaalam po ako sa HR and they'll refuse to accept my resignation letter kasi i'm not willing to pay the bond? is there any possible remedy for this?

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9 Re: Training and Employment Contract on Thu Jul 05, 2012 12:21 pm

ibonidarna


Reclusion Perpetua
Did you undergo the training already? You are bound by terms and conditions in the contract that you signed.

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10 Re: Training and Employment Contract on Thu Jul 05, 2012 12:24 pm

mkbmamaril


Arresto Menor
yes, i already undergo the training.

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11 Re: Training and Employment Contract on Thu Jul 05, 2012 12:30 pm

mkbmamaril


Arresto Menor
i already consult in dole, they say that a training contract should be a preparatory for an employment contract, but we're not considered as there employee kasi we are self employed daw. kaya wala kami ng SSS, Pag-ibig, and philhealth.

what if i get AWOL, i doubt na tatanggapin nila yung resignation ko, kasi sinubukan ko na silang kausapin, and they refuse. my plan is to get AWOL and if ever na they'll sue me i'm willing to defend my self naman po. is there any chance na may laban ako? thanks

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12 Re: Training and Employment Contract on Thu Jul 05, 2012 12:30 pm

ibonidarna


Reclusion Perpetua
You can still resign because you cannot be forced to work. However, be ready for civil damages, etc. for breach of contract.

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13 Re: Training and Employment Contract on Thu Jul 05, 2012 12:39 pm

mkbmamaril


Arresto Menor
this is the statement i got from dole:

"An employee may be trained prior to employment. This is the usual practice in call centers. Now, this \"training contracts,\" although not strictly an employment contract may be treated with significance to labor laws. This is because \"training contracts\" is tainted with substantial considerations as a preparatory contract to an employment contract, thus, the principles of social justice and protection to labor similarly applies. Thus, if this \"training bond\" being included in your \"training contracts\" is so worded as to blur the understanding of an average person as regards his liabilities therefore, then it will be considered as a contract of adhesion against the interests of an employee and will be struck down as unlawful and ineffective."

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14 Re: Training and Employment Contract on Thu Jul 05, 2012 12:40 pm

mkbmamaril


Arresto Menor
what if they'll not accept my resignation?

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15 Re: Training and Employment Contract on Thu Jul 05, 2012 3:01 pm

ibonidarna


Reclusion Perpetua
Just have it received, give them the 30 day notice. And make sure that you document everything.

If they sue you then your defense would be that the contract you signed is a contract of adhesion. However, i doubt it that the words are ambiguous. In fact you knew what you are signing as well as the terms of it.

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16 Re: Training and Employment Contract on Fri Jul 06, 2012 5:29 pm

mkbmamaril


Arresto Menor
what if I don't give a resignation letter? what will be the possible consequences of it?

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17 Re: Training and Employment Contract on Fri Jul 06, 2012 5:32 pm

mkbmamaril


Arresto Menor
can I submit an immediate resignation?

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18 Re: Training and Employment Contract on Sun Jul 08, 2012 5:19 pm

attyLLL


moderator
the company can seek damages from you


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19 Re: Training and Employment Contract on Tue Jul 10, 2012 5:58 pm

mkbmamaril


Arresto Menor
what if i dont have the money and property to satisfy the damages, what are the possible actions they may take against me?

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20 Re: Training and Employment Contract on Thu Jul 12, 2012 6:24 am

attyLLL


moderator
withhold your BIR 2316, cert of employment, clearance, etc.


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21 Re: Training and Employment Contract on Fri Jul 13, 2012 2:24 pm

mkbmamaril


Arresto Menor
thanks for the reply, what will happen if they will withhold my bir 2316?

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22 Re: Training and Employment Contract on Fri Jul 13, 2012 10:38 pm

attyLLL


moderator
any new employer might make it difficult for you


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23 Re: Training and Employment Contract on Sun Jul 15, 2012 6:49 pm

mkbmamaril


Arresto Menor
so what will be the possible consequences if they withhold my bir 2316? thanks.

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24 Re: Training and Employment Contract on Tue Jul 17, 2012 5:11 pm

attyLLL


moderator
some new employers might make it hard for you


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