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Questions about these clauses:

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1 Questions about these clauses: on Wed Jul 03, 2013 2:05 pm


Arresto Menor
Hi, I have a few queries regarding these clauses:

B. The Employee, on joining the Company, undertook to stay in employment of the Company for Two Years (2) from January 2012 to January 2014.

C. The Employee agrees to pay the Company a bond of One Hundred Thousand Pesos (Php 100,000.00) in case the Employee wants to leave the Company before the expiration of this agreement. The Company felt it necessary to enter into this service bond in view of the cost incurred by the Company in relation to employment. The cost includes, but not limited to, recruitment expenses, classroom or on-the-job training, computer-based training and other related administrative costs.

D. The Company agrees to send the Employee at least one formal training within the prescribed period.

Due to personal financial reasons, I am forced to look for better opportunities elsewhere before the contract expires. I was never sent to a formal training (I have rendered 1 and a half years already, 5 months before bond expiration). Am I liable to pay the bond even if the employer didn't follow what is stated on their contract? The closest I had for training are their mandatory meetings/open forum about new technologies which was done internally and cannot be said as formal trainings.

I would also like to know if (assuming I am not able to pay):
-they can hold my back pay
-they can hold my clearance
-they can hold my certificate of employment
-I am liable to anything

Thank you and more power.

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2 Re: Questions about these clauses: on Tue Jul 09, 2013 6:00 pm

HR Adviser

Reclusion Perpetua
If I were you, I will just work 5 more months to have a graceful exit and no bond worries. But if you really wanted to go, you don't have to pay the whole P100,000 because the cost of bond must be deducted based on the months/ years served. So basically you still have liabilities. and if you cant pay, the company may hold your backpay, 13th moth and tax refund to cover your bond.

The company cannot hold your clearance but may opt not to give you COE (for unfinished contract).

I hope you make a good choice

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