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Immediate Resignation Due To Health Problem But Still In Bond

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unforgiven


Arresto Menor
Gud day!
I wud rili apreciate f u hav legal advys regardng my problem. I synd a contract w/c requires me to render 3 yrs of service & f i resyn b4 d 3 yr length-servis, i shal pay P100K.
L8ly, i developd an illness due to stress. I pasd a resignaxon leter. Bt dn i told d hr dat i revokd 8 bcos i wana finish an asynment first b4 i leave. Im planing to tender anodr yet imediate resignaxon leter & ds tym w/ medical certs dat i do hav ilness due to stres.
Q: 1. f i resyn wud d company stil chase me w/ d bond even f i do hav ilnes?
2. n case il b chased w/ civil case of collection, can dey insted get my house w/c my parents owned as a form of payment?

tnx & God speed!

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CaseLogic


Arresto Mayor
Lawyers and Readers won't understand your message. Just don't use text message. Use proper word.

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unforgiven


Arresto Menor
Good day!
I would really appreciate if you have legal advise regarding my problem. I signed a contract w/c requires me to render 3 yrs of service & if i resign before the 3-yr length of service, i shall pay Php 100,000.00.
Lately, i developed an illness due to stress. I passed a resignation letter. But then i revoked it verbally because i wanna finish an assignnment first before i leave. Im planning to tender another yet immediate resignation letter & this time w/ medical certificates that i do have illness.

Q:
1. If i resign would the company still have the right to pursue the bond even if i passed medical certificates?
2. In case i will be chased w/ civil case of collection, can they instead have my house w/c my parents owned as a form of payment?

Thanks & God speed!


Apologies for the previous post...



Last edited by unforgiven on Thu Feb 28, 2013 10:13 am; edited 1 time in total

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jd888


moderator
@unforgiven.

1. You Medical Condition is Work-Related; then you can tender resignation due to the hazards of work. They cannot punish you for this and forfeit your bond; it is illegal.

2. You did not breach your contract with them, you are willing to fulfill it, it is just that you are sick and need Medical Condition. They have no right to take your properties.

If the company will give you trouble and hard time, report them at DOLE and File a Complaint at NLRC.

If this is a Land-Based work outside of the Country, report them at POEA and OWWA.


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Please be reminded that this advice is based solely on the facts you have narrated and my appreciation of the same. My opinion may vary when other facts are changed or elaborated.
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unforgiven


Arresto Menor
Thank you so much....

Actually my medical condition is both family and work related.
I'm having doubts whether to report or consult DOLE (no offense to them) but i heard that our HR has a friend at DOLE.

Last question, do they still have the right to question the medical certificates? Like the diagnoses should come from a Specialist not from a Doctor of general medicine...

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jd888


moderator
If they have the audacity to question a Health Professional, it is their problem. Hold-on to that Certificate and use that as argument to your resignation.

You have to consult the DOLE.


_________________
Please be reminded that this advice is based solely on the facts you have narrated and my appreciation of the same. My opinion may vary when other facts are changed or elaborated.
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unforgiven


Arresto Menor
Maraming salamat po!
God bless.

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seekingAnswers


Arresto Menor
Good Day,

I have the very same situation as unforgiven and I'm planning to resign due to stress and health problems caused by work but I'm having doubts quitting because I don't have enough funds to pay the bond.

To give a background, I signed a 3 year contract with a local Airline as a First Officer taking effect on March 2014 and I am already planning to resign because I am having sick leaves every month due to sickness, fatigue and stress. The problem is, if I quit during the three year bond, I am liable to pay the company 1.5Million Pesos as per contract. This value is not pro-rated and they even made me sign post-dated checks adressed to the company during the signing of the contract. The said amount is typical if the company is the one who paid the type-rating training for the pilot but in my case, I paid for my whole training even before joining the company. Although, after joining the company they still provided on-the-job training called Initial Operating Experience (IOE).

I have read multiple threads related to employment bonds, resignation, training bonds etc. and my questions are:

1. Is the training bond valid? I only signed the contract and checks or else I would not be able to work even if I knew the amount was unreasonable.

2. If I resign because of health will they claim money from me? There is no clause in the contract regarding resignation because of health, it just says any reason of quitting even if the contract is broken the clause regarding the money shall continue.

3. If I can't pay what are the consequences? I am unable to pay because all the money I earned, I payed it to my training debt to my relatives.

Thank you and I hope I can have guidance so that I can properly resign without doubts at the back of my mind.

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