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Breach of Employment Contract with no Training

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redz_ph


Arresto Menor
I was employed in an IT company with an employment bond of Php 100,000 and bonded for 2 years.

I was deployed in one of their client, after a month however due to pressure, my health was affected to a point that it makes me not capable of continuing the work.

I presented them medical certificates. However, they informed me that I have to file a resignation and served the 60 day noticed period.

I tried however after almost a week working, i still having a hard time catching up due to my health condition. So i decided not to continue with the fear that my health will get worst.

They ask me if I can secure a medical certificate that stating i am already unfit to work. However, my doctors wont give me one, as they believed my health is still manageable and was advised to have enough rest.

I presented to the HR the latest med certificate and my irrevocable resignation. But the company reply was they stand firm on the 60 day noticed period and the employment bond.

My questions are:

1. Is the 60 day resignation noticed period legal under the Philippine Labor Law?

2. Since I just work in less than a month, there was no training given, am I obliged to pay the bond?

2. Will I get imprison if i will not pay the bond? Cause as of now, I don't have the capacity to pay it.

Hoping someone could advise me in this matter. Many thanks

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attyLLL


moderator
1) law provides you can resign with 30 day notice. it is a right.
2) i do not believe you are obliged to pay the bond. please look up the threads here on employment bond. the principle is unjust enrichment.
3) no, they can only file a collection case against you, but you have a valid defense that you did not unjustly enrich yourself.


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nostalgic


Arresto Menor
sir attyLLL,

hope u don't mind if i ask, what do you mean by "unjust enrichment"? apologies for my ignorance.

thanks.

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attyLLL


moderator
training is spent for and given with expectation of reasonable return for the employer. the employee benefits from the training, and for him to resign without fulfilling the contractual period of retention will be considered unjust enrichment on the part of the employee.

it depends on the circumstances and is case to case basis, but generally, employers will have a cause of action if the employee resigns.


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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