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Is the contract valid or not?

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1 Is the contract valid or not? on Wed Nov 28, 2012 4:52 pm

smallville


Arresto Menor
Patulong naman po. I worked in a biscuit company. We have this contract. It was stipulated in the contract that we shall receive a net basic salary of a certain amount. But according to the H.R., it was actually a gross basic salary. During the signing of the contract, we're briefed about the computations. But they never emphasized that we will receive the gross salary. And they said "namali lang yung contract". Is it safe to say na my Breach of Contract na nangyari? o kasalanan ba namin na hindi namin naclarify? please help po. salamat ng marami....

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2 Re: Is the contract valid or not? on Wed Nov 28, 2012 6:02 pm

Pedro Parkero


Reclusion Perpetua
contract is "meeting of the minds" kuno. ibig sabihin nagkaintidihan kaung nagkokontrata. dito parang hini kau nakaindihan, so wlang contract. papel lang yung pinirmahan ninyo. at magkaiba po ang kontrata at papel. so wala pong walang valid contract. unless, maipapakita ninyo na tlagang sinadya na kayoy utuin (at hindi "good faith" na pagkakamali), then pwede ninyo i enforce ang "view" ninyo. at ang batas ay nasa inyong panig dahil sabi ng bespren ko, "ambiguities ng labor laws should be interpreted na pabor sa laborer"... Smile



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3 Re: Is the contract valid or not? on Wed Nov 28, 2012 6:15 pm

attyLLL


moderator
does the contract say net or gross? if none, imo, it was meant to be gross subject to legal deductions


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4 Salamat po on Wed Nov 28, 2012 7:09 pm

smallville


Arresto Menor
Salamat po sa tulong. Ng.request po kami ng meeting na naka.adress sa tga H.R. at Payroll. Nagmeting kami at sinagot nila lahat ang aming tanong. Sabi nila, maliit na bagay lang daw yun, bakit ba paba kami ngrereklamo. Tsaka, "Implied Contract" daw yun. Ang gagawin nila ay magtatanong sila sa company lawyer muna at saka na kami sasabihan kung ano man ang maging desisyon ng lawyer.

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5 Re: Is the contract valid or not? on Wed Nov 28, 2012 7:17 pm

smallville


Arresto Menor
does the contract say net or gross? if none, imo, it was meant to be gross subject to legal deductions


the contract stated clearly that it was "net". By batch kasi kami na ngcontract signing. Yung 3rd batch na nakacontract sign asked if it was really net salary. But the H.R. told them it was gross. Nagkamali lang daw. I mean, legal ba yun? Sa 2nd batch naman, hindi verbally emphasized na gross pala ang matatangap. Mas kawawa yung last batch kasi kahit pagexplain about the contract ay wala. Tapos ayaw maniwala ng H.R. na walang briefing na naganap sa last batch.

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6 Re: Is the contract valid or not? on Wed Nov 28, 2012 7:24 pm

smallville


Arresto Menor
Hihingi lang po ako sana ng advys if ano po ang pinakamagandang gawin dito. Kasalanan ba namin na hindi namin pinabago muna ang contract before kami ngsign? o wala kaming laban at all. Sabi nila, hindi raw pwede mavoid yung contract kasi hindi daw against sa public custom, public law. Anong parte ng Law ang pwede namin iserve as bases?
Majority kasi sa amin ay first job ito.

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7 Re: Is the contract valid or not? on Wed Nov 28, 2012 7:33 pm

smallville


Arresto Menor
attyLLL wrote:does the contract say net or gross? if none, imo, it was meant to be gross subject to legal deductions

the contract stated clearly that it was "net". By batch kasi kami na ngcontract signing. Yung 3rd batch na nakacontract sign asked if it was really net salary. But the H.R. told them it was gross. Nagkamali lang daw. I mean, legal ba yun? Sa 2nd batch naman, hindi verbally emphasized na gross pala ang matatangap. Mas kawawa yung last batch kasi kahit pagexplain about the contract ay wala. Tapos ayaw maniwala ng H.R. na walang briefing na naganap sa last batch.

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8 Re: Is the contract valid or not? on Thu Nov 29, 2012 9:07 pm

attyLLL


moderator
you can file a complaint at the nearest dole office or nlrc, but this will boil down to how the parties understood 'net'


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9 Re: Is the contract valid or not? on Wed Dec 05, 2012 7:36 am

smallville


Arresto Menor
thanks po...

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10 Re: Is the contract valid or not? on Thu Jan 24, 2013 6:12 am

smallville


Arresto Menor
Gud day po! ito ay ksunod ng pinost ko po previosly. This month po, yung way of solvng the conflict ng hr was pinasyn kami ulit ng 2nd contract. Sa 2nd contract, yung word na "net" ay binago in2 "gross"...bt i ddnt syn d 2nd contract. legal at valid ba na process ito?...if ever mgreresyn aq,can the company sue me or make me pay the 200k bond? if mag-aawol aq, mkakarecev po pa ba aq ng certificate of employment?

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11 Re: Is the contract valid or not? on Thu Jan 24, 2013 12:54 pm

attyLLL


moderator
you cannot be compelled to sigh, i think it can be a valid reason to release you from the bond, but if you go awol, i doubt if they will issue you a coe


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