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breach of contract - small claim case

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1 breach of contract - small claim case on Wed Oct 10, 2012 4:37 pm

bonakid


Arresto Menor
Hello,

Good day! I would like to seek advice regarding my case from my previous company.

I was working with Company-A for about 7 years as a supervisor on 1 of their BPO accounts. Company-A sold the account to Company-B (that includes the employees- me included).

They will give my separation pay from Company-A ONLY if I signed the contract that I will stay in Company-B for at least 5 months (as a probi employee) or else I will pay 50,000php. -I got my separation pay from signing the said contract.

I resigned and did not complete the 5-month contract. I only passed my resignation letter to my manager (2-week notice). Now, I am receiving mails from Company-B and asking me to pay the 50Kphp due to breach of contract.

They already filed a small claim case. The hearing is on Oct 16, 2012.

Any advice?

additional info: hired as a probationary employee. no training whatsoever..

Thanks in advance.

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2 Re: breach of contract - small claim case on Wed Oct 10, 2012 6:29 pm

paulzyke


Arresto Menor
What I have understood on your statement there was no problem with regards to your separation pay its because you have receive it already upon signing a contract that you will be staying for 5 months as probi? I am right?
Under our Labor code resignation is a voluntary act of an employee that is the primordial element of resignation. Now in your case, since you have signed a contract from your company it is prima facie or presumed that you were fully understood the agreement that you have read and signed eventually.
The language of Labor code is very definite when it comes to resignation, that requires employee to give an advance notice to the employeer of his own intention to resign and must served to the employer at least one month prior to the effective date of his resignation.
Failure to comply the period stated on the effectivity of your resignation you are liable for damages, thats why they filed you a case which is breach of contract.

thanks

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3 Re: breach of contract - small claim case on Wed Oct 10, 2012 6:36 pm

bonakid


Arresto Menor
because if I don't sign the contract, I won't get my separation pay from Company A

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4 Re: breach of contract - small claim case on Wed Oct 10, 2012 6:42 pm

paulzyke


Arresto Menor
The only violation that your company did to you is that giving you a conditional contract that says they will give to you your separation pay unless you will stay in the company for 5 months, that is a violation of your rights, because separation pay is intended to all employee without any conditional instances..

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5 Re: breach of contract - small claim case on Wed Oct 10, 2012 6:44 pm

bonakid


Arresto Menor
thanks for the input =)

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6 Re: breach of contract - small claim case on Wed Oct 10, 2012 6:45 pm

paulzyke


Arresto Menor
Then so be it, you can file them a case at NLRC.. hindi mo nalang sana pinirmahan ang contrct na binigay sa iyo ..
Remember that separation Pay is due to you as employee..kahit saang husgado pa kayo makarating

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7 Re: breach of contract - small claim case on Wed Oct 10, 2012 6:47 pm

bonakid


Arresto Menor
ano pa kaya pwede kong sabihin sa hearing.. XD

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8 Re: breach of contract - small claim case on Wed Oct 10, 2012 7:05 pm

paulzyke


Arresto Menor
Try to inform the arbiter about the whole truth, That they compel you to sign a contact which is conditional in favor for the released of your separation pay which indeed their rights as your employer to give what is due to you as categorically pointed out under the labor code..

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9 Re: breach of contract - small claim case on Wed Oct 10, 2012 7:12 pm

paulzyke


Arresto Menor
Huwag kang matakot because you have constitutional rights as employee..

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10 Re: breach of contract - small claim case on Wed Oct 10, 2012 7:13 pm

bonakid


Arresto Menor
salamat sir Very Happy

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11 Re: breach of contract - small claim case on Wed Oct 10, 2012 8:15 pm

paulzyke


Arresto Menor
pwede mo rin yang dalhin sa DOLE para ma disiplina sila..

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