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Breach of Contract

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1 Breach of Contract on Thu Dec 20, 2012 1:59 pm


Arresto Menor
I have been an employee of an IT company for 7months. My experience was really bad within the Team. Pioneer yung batch namin at lahat cguro nagpapagalingan to prove themselves but most of the time I get humiliated I am 40years old and my colleagues were just in their 20s. 4 lang kami babae including my Team lead pero di pa kami magkasundo lahat. S Madalas me chizmis, intriga yung TL ko nman naniniwala kaya dumating sa point that I confronted her. after that di na maganda yung mood ko sa Office. Madalas Tardy na ako at absent but my performace sa trabaho ok naman. I received several good feedbacks from our Client. but I came to a point na napupuno na ako, pinagtatawanan ako, yung mga commendations ko di man lang narerecognize nung TL ko pero pag sa iba walang kakwenta kwentang comment naka intranet pa. In other words na demotivate ako. I informed my Manager about my intention of resigning nag agree naman kmi 30days. but nagkaroon ng baha dahin sa habagat at di ako nakapasok. nagtext ako tumawag pero walang nag acknowledge. I had a very good offer sa isang company at inaantay ko na lang na makapag render ako at lilipat na sana ako. But then I felt iniignore na ako ng Manager ko at TL ko. Sabi ko dun sa company I can start anytime. Nung nagkasakit anak ko humingi ako cf1 form sa dati ko company sabi AWOL daw ako at nabalitaan nila na nasa ibang company na ako sbi ko nag notify ako pero walang nag acknowledged Singel parent ako kelangan ko ng kapalit na trabaho kaya naghanap ako agad. wala na ako balak mag defend ng sarili ko gusto ko na lang magkaroon ng peace of mind sa ibang company at magsimula ulet. Kinuha nila sa akin yung ID ko at gadget to remote connect sa company ko sinurender ko naman. Tapos naka receive ako ng notice to report to work. Or I will be terminated due to bandonment of work at hinihingan ako ng exemplary damages sabi ko with the trauma I have to go through everyday I am terminating my employment due to discrimination, inhuman and unbearable treatment. So pumunta pa po ako dun sa office. Mababait naman po ang Management at mga tao gusto ko sana yung trabaho kaya lang po di na healthy yung environemnt sa akin.
So sabi ni HR kausapin ko sila Manager at makiusap na lang ako magrender pero di ko na po ginawa. Ngayon po nakareceiv na nman ako ng letter nagdedemand na bayaran ko sila ng 96 Thousand or 3months basic Pay ko. E 27K lang po basic ko.sinama yung allowances ko? I Felt being harrassed to pay as they were just giving me 5 days to pay. I ignored the letter but thinkin about it they will file a case against me daw po. po for Breach of Contract. I never got a copy of that contract parati na lang nirerevise sabi me typo error kaya inulit pero same content daw lang. Bibigyan na lang daw po ako ng kopya pag napirmahan na ng Management. Yung original contract po sabi nila pwede ko na ienroll ng HMO cards ang mga anak ko after 2months ko sa company but I have to pay the 60% So May nagbabaya na ako ng premium deduct nila kami tapos nag email di pa daw po pwede , kelangan maka 6months pa kami so ibinalik yung binayad namin. lalo ako na disappoint as everytime magkakasakit anak ko kinakabahan ako na di ko madala sa ospital or doctor man lang. Ni-revise nila ang contract at their advantage at dahil ayoko naman mawalan ng trabaho pag pinapirma, pirma lang. I honestly dont know the context of the said contract which they claimed I breached. Hindi ko na po nakuha yung 13month ko at tax refund. I was thinkin'yun na lang ipambayad ko naha-harrased po at stress ako. I am working in an international bank where they do thorough Background screening. lalabas yan kaya po ako natatakot ako lang inaasahan ng mga anak ko pag nawalan pa ako ng trabaho kawawa na naman kami. Tulungan niyo naman po ako ng gagawin ko. Please?

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2 Re: Breach of Contract on Thu Dec 20, 2012 5:03 pm


Arresto Menor
Can you please help me draft a reply? This is what I have in mind...

I have high respect to the Management of _________, but the demand letter you have sent requiring me to pay Php96,000 or equivalent to 3 months basic salary in five(5)days was absurd. I am a single parent and have no idea as to where I could get that money in 5days. First of all, I would like to contest the integrity of the Contract which you allegedly concluded I have breached. I dont have a copy of the Employment Contract. which you allegedly concluded I have breached. I have been asked multiple time to sign sets of contract the reason provided was because there was a typo error and I will be furnished a copy once Management has signed the same. Consistently I've been following up my copy with ____________ and was promised I will get it but I have stayed in the company for 7 months, with consistent follow-up but it did not come. The main reason why I would like to get a copy of the said Contract, is because I believe that the Contract has long been breached to the Company's advantage. I remember that in the COntract I have signed, my basic salary was only Php27,100 if ever I got a raised, I was not aware of it nor I have enjoyed it, So I do not see the basis of the amount in the Demand Letter you have sent me. Also, in that Contract it stated there that after 2 months my children will be covered by HMO, thus I pay 60% of the premium, by which you started deducting my Salary in May 2012. Come July you sent a notification that my children are not qualified to be enrolled for HMO as I need to be with the company for 6months before they get the benefit. I think that breached the Contract. When I inquired about that I was again called to sign the sets of Contract with the same reason typo-error. I still have receivables from the company, mandatory benefits such 13th month pay, withholding tax, leaves and the like, which I havent been able to claim and not cleared as to how I can claim them.

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