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Travel policy to cover the binding contract

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1 Travel policy to cover the binding contract on Fri Feb 08, 2013 6:14 pm


Arresto Menor

I would like to ask if you can help me about my current case.

My employer sent me to other country for a training and job assignment. Prior to my training period, we need to sign a binding contract for a period of 1 year however, they failed to make me sign the said document as they said, my previous files were missing. I just want to confirm if I could resign prior to the end of my supposed contract? The contract shall start on November. I’ve been sent for training but now, I could not feel that there is a reason for it cause I am stagnant here and doing nothing.

And I was asking because we have this internal travel policy which states that whoever was sent abroad for a training shall render a 1 year contract to the company. I was thinking if this policy will cover the rules and won’t allow me to resign even if I did not sign any binding contract at all?

I’ll be very appreciative of your inputs.

Thank you very much

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tsi ming choi

Reclusion Perpetua
The internal travel policy will not bind you simply because, you did not sign the contract, they preempt you from signing the contract due to missing files, thus the principle of enforceability of contract does not apply to you.

However, you MIGHT be hit and obliged to reimburse the company for training expenses in sending you in other country, this is under the principle of unjust enrichment.

(I like your case, a simple yet a modification of the PAL's Pilot case as decided by the Supreme Court)

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