I know this topic has been discussed extensively in pinoylawyer.org but there are still some questions I would like to clarify.
My situation is that I was promoted to Management Trainee almost 4 months ago. The contract I signed indicated a bond of 2 years and if I resign before that 2 years I would have to pay Php200,000.00.
This is the exact words written in the contract:
"You shall be required to remain with the company for a minimum of two (2) years or else pay Two Hundred Thousand Pesos (Php 200,000.00), unless sooner terminated by the Company for a just or authorized cause."
My questions are:
(1) If the "training" provided to the employee was just a rotation in each department of the company, no special training that had any extra expense on the company. Do they really have a legal right to collect such penalty fee upon resignation?
(2) I had an allowance of Php2,500.00 per month for my transportation expenses since my training will be conducted really far. But my actual transportation expenses was around Php4,000.00 per month. Is that enough basis for their expenses incurred for my "training" and for them to impose the penalty?
(3) What legal argument can I present to the company if they insist on collecting that penalty fee?
(4) I recently found out that employers need to have a consent from DOLE before they can require an employee to sign a contract with a bond, if I can prove that they have not consulted DOLE, will that be enough to exclude me from the penalty fee?
I look forward to hearing from you.