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Termination of contract by employee without formal notice to employer

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Ron201222


Arresto Menor
Hi, I would like to ask regarding the employment case my cousin is into right now. She saw an employment agency in one ad on a local magazine. This agency has no complete info on the address, just she texted the recruiter and they met on one place. This recruiter told her she was just going to work in a partime job but when she signed a contract no copies was given to her and was immediately sent to the worksite. When she got there, she was made to work as a helper for a catering business whcih required her fulltime and loads of work by carrying heavy Items. She worked there for a week without allowing her to go out on her rest day. by the end of the first week she asked her employer to resign or terminate the supposed contract with this recuiter.But both the recruiter and employer said she cannot leave without a replacement from the recruiter and was asked to wait more. on her second week the recuiter still can find a replacement.So last thurs she left their house/worksite without the consent of the employer and now shes being harrased by the agent and employer that she committed theft.My 1st question is can they charge her of violation of contract agreement when she has no copy of the said contract and was made to believe it was just a partime work that became a fulltime strenious work? and can they charge her also for leaving without consent after they continued to hold her cause no replacement could be found? and 3rd regarding the theft case could this be reverted, after all it was against her will that she was being made to stay. (the employers have notified the subdivision guards that she cannot leave the place) but she left anyways without the employers but the guards cleared her belongings. Pls help us with any advice regarding this matter. The recruiter wants to meet her tommorow to clear her violations according to her text messeges to my cousin or else the employer would continue the theft case. Thank you in advance

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attyLLL


moderator
if they physically threatened her to keep her from leaving then she can charge them with illegal detention.


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Ron201222


Arresto Menor
@attyLLL thanks po sa reply, actually no physical threats or abuse po sir, they were just holding her against her will. They told her she can never ever leave coz she has no replacement and she was being forced to do the strenious work until they found a replacement.she even agreed not to take her works pay anymore just so they will give her release but they just laughed and ignored her request and told her if she insisted on leaving they will cause trouble to her. I think they cant find a replacement coz the recruiter is illegal or no actual license coz the proper info on the adress of the employment agency is not disclosed.

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Ron201222


Arresto Menor
Right now we are just waitng for their threats of filling the theft case against my cousin and if the warrant of arrest has been issued. Its been 5 days since she left her employer and my cousin is really traumatized.
We could not believe such people still exist.they tricked my cousin of the true info of the job, and now they are harrasing her with false accusations of theft. Its a messed up world.
Question po ulit mga sirs, paano and saan b maverify if a case have been filled and when will the warant of arrest be issued? Salamat ulit to your replies.

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attyLLL


moderator
they should first file it at the prosecutor's office at the place where the supposed theft took place. you can check there


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Ron201222


Arresto Menor
Thanks again attyLLL for your reply.if ever they did file and arrested my cousin can she post bail and magkano po kaya? Can my cousin counter charge them with illegal detention?
Our family is living peacefully then this things breaks it

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attyLLL


moderator
bail will depend on the amount of the item taken. if more than 32,000, it is non-bailable if qualified theft.


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orlycentury


Arresto Menor
pwede po ba na sabihan ng employer na mag force resignation ang employee kahit na lumampas na ng 3 lingo simula ng maging 6 mmonths sya , at pwede ba na ma considera sya na regular pag lumag pas ng 6 months and 2 weeks ? kasi po bigla na lang silang pina pirma ng resignation kahit na ayaw nila dahil lang hindi daw sila na quota considering na lampas na sila ng 6 months at na kasad sa contrata nila na ikaw ay regular employee pag lampas ng 6 months.eh bakit po pwede nilang tangalin nalang ng bigla ? at papirmahin ng resignation?

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