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1 DEBTS TO EMPLOYER - NEED LEGAL ADVISE on Wed Jan 16, 2013 6:17 pm


Arresto Menor
Good day!

I incurred a debt to my Company from exceeding our Company Hospitalization Insurance for my mother's treatment. The excesses are being deducted from my salary. Due to the huge amount I have to pay, I decided to resign and seek employment abroad to fund the continous treatment of my mother and pay off my debts for a certain period of time. Our HR told me that should I continue with my plan to resign, they will either require me to pay the whole amount or endorse my case to our legal department. I write them a letter requesting to arrange a payment scheme for me to pay my debts while I am in abroad and even designate my father as my guarantor.

Should the Company decide to choose filing a case against me, what would be it? What does the law say about my situation.

Thank you very much.

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2 Re: DEBTS TO EMPLOYER - NEED LEGAL ADVISE on Wed Jan 16, 2013 10:14 pm


Reclusion Perpetua
talk to your manager.. give them a term, you're not running away from your obligation, i'm sure they will agree, make it in writing..

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3 Re: DEBTS TO EMPLOYER - NEED LEGAL ADVISE on Wed Jan 16, 2013 11:32 pm


Arresto Menor
Thanks for the reply.

May I also ask your opinion regarding my situation below.

According to our Company circular, the employee should pay for the whole amount upon resignation.

I do not have the means to meet that obligation. I am however willing to settle the amount in a deferred payment scheme.

My initial discussion with our HR seems like our Company may not allow such and suggests resort on filing a case against me.

Thank you very much again for your help.

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4 Re: DEBTS TO EMPLOYER - NEED LEGAL ADVISE on Thu Jan 17, 2013 9:06 am


Arresto Mayor
I think when the company hear your side that you won't run away from your obligations and it just so happened that you are not in the financial capacity to pay this amount. And then you issue them post-dated cheques, I think they would agree.

Remember, once a cheque bounced, then that's another case they could file against you.

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5 Re: DEBTS TO EMPLOYER - NEED LEGAL ADVISE on Thu Jan 17, 2013 9:28 am


Reclusion Perpetua
how much do you owe them? maybe you can take out a bank loan to pay for it then you just pay the bank..

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6 Re: DEBTS TO EMPLOYER - NEED LEGAL ADVISE on Fri Jan 18, 2013 8:44 pm


it is within company prerogative to demand the whole amount, and sue you if you fail to pay. you can try to negotiate a plan of installments, but they are not obligated to accept. if you feel secure about being able to fund them, you can issue checks, but you might open yourself to a criminal case of bp 22 if you fail to fund them.

as of now, all they could do is to file a civil case for payment. hopefully the will be reasonable.

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