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Question Regarding Bonds

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1 Question Regarding Bonds on Fri Mar 22, 2013 3:37 pm

kapuspalad


Arresto Menor
I am currently employed with a company that requires me to stay with them for 2 years. During my interviews, a certain position was discussed to me by HR and during my contract signing, I was informed that the position that was discussed to me was the same post as described in the the contract. However, when I was deployed on the floor, I found out that there was a position with the same name as was discussed to me over the phone. Henceforth, I ended up getting less pay and lower job position (the original position that was offered to me over the phone was 2 levels higher than my current post). Here are my questions:

1. Is there a way for me to get out of my bond legally without going through any lawsuits? I was advised by a lawyer that under the labor code, I should not be forced to be bound to a company. Is this correct?

2. On the contract, there was no description of paying anything in the event that I don't get regularized. I was informed that the regularization contract is only given after 6 months. What should I do if don't want to be regularized?

Please help me. I'm not happy with my work right now.

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2 Re: Question Regarding Bonds on Sat Mar 23, 2013 1:36 pm

attyLLL


moderator
search 'employment bond' in the forum, discussed extensively

i would argue that if there is no written notice that you are under probationary contract, then you are automatically a regular employee. if you want out, resignation is the proper way with 30 day notice.


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3 Re: Question Regarding Bonds on Sat Mar 23, 2013 2:34 pm

kapuspalad


Arresto Menor
attyLLL wrote:search 'employment bond' in the forum, discussed extensively

i would argue that if there is no written notice that you are under probationary contract, then you are automatically a regular employee. if you want out, resignation is the proper way with 30 day notice.

Thank you sa reply attorney. Nabasa ko nga po ung mga replies nyo dun sa employee bonds. Very informative. Dagdag ko lang po sana to. Probationary po ako based sa conract:

"EMPLOYEE shall undergo a mandatory probabtionary period of employment (not to exceed six (6) months) in order to familiarize with the job/project assignment, as well as to acquiant with all the policies and procedures of the company."

Nung binasa ko po ung discussion regarding sa employee bonds, napuna ko po na lahat sila e me binibgay na rason kung bakit me bond, pero sa akin po e wala. Pwede po ba yun? Eto po ung nakasaad sa part ng bond:

"Should EMPLOYEE decide to terminate the conract prior to the completion of either the Probationary Period of Employment or the agreed 24 months employment period when regularized, as the case may be, EMPLOYEE hereby undertakes to pay the company P150,000 by way of liquidated damages."

Ano po ung damages na sinasabi nila? Wala naman po ako training na ginagawa. Sa mga nabasa ko, karamihan sinisingil dahil sa training pero eto wala naman. Parang puro pakabig ang ginawa nila. Please advise. Salamat po ulit.

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4 Re: Question Regarding Bonds on Sun Mar 24, 2013 1:05 pm

benguz


Arresto Menor
just finish the 6 mos probationary period.. and don't sign the regularization contract..

Pero kung ako yan, mag-absent ako madaming beses hanggat sa ma-force nila ako i-terminate.. sabi kc dyan sa contract mo na kapag EMPLOYEE lang ang nag-decide mag-terminate, through resignation, eh dun pa lang ako sisingilin na magbayad... kapag sila ang nag-terminate hanapin mo sa contract mo kung may babayaran ka rin.. kapag wala naman eh di ganon ang gagawin ko.. pero hinde ako mag-a-AWOL..

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5 Re: Question Regarding Bonds on Sun Mar 24, 2013 5:47 pm

kapuspalad


Arresto Menor
benguz wrote:just finish the 6 mos probationary period.. and don't sign the regularization contract..

Pero kung ako yan, mag-absent ako madaming beses hanggat sa ma-force nila ako i-terminate.. sabi kc dyan sa contract mo na kapag EMPLOYEE lang ang nag-decide mag-terminate, through resignation, eh dun pa lang ako sisingilin na magbayad... kapag sila ang nag-terminate hanapin mo sa contract mo kung may babayaran ka rin.. kapag wala naman eh di ganon ang gagawin ko.. pero hinde ako mag-a-AWOL..

yun nga problema e. ibibigay ung contract after 6 months kasi nga automatically na regular ka pagpatak ng anim na buwan. mejo ayoko maging pala-absent but it's an option.

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6 Re: Question Regarding Bonds Today at 2:08 pm

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