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no employment contract. pls help

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1 no employment contract. pls help on Mon Aug 26, 2013 3:08 pm

Good day! I was employed by a private tesda institution as admin/ instructor last august 1, 2013, No written contract given until now August 25, 2013. Since there is no written contract given I don't know the terms and conditions. During my stay, i found out that the institution has no work no pay policy and no salary during holiday which surprised me a lot. If I knew those conditions from the very start I will not accept the job, however no discussions regarding that matter. yesterday I told my boss that I am resigning because I am going to transfer to a more stable job. He told me that he can sue me because of my resignation and verbal agreement of appointment is valid (is that true?), they will talk to my new management about my case. In addition, he wanted me to stay until they will find a replacement. However, my problem is that I have to report to my new company tom. I stayed for less than a month in my current employer. What is the best thing to do? is that possible that they can sue me and affect my future employment? Please help, this thing bothers me a lot. Pls. help

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2 Re: no employment contract. pls help on Wed Sep 04, 2013 8:03 am


Reclusion Perpetua
It's two parts:

1. Court:
Anyone can sue anyone, but it's an other question who will winn in court  Smile
In general verbal agreements are valid IF the law don't say written contracts are obligatoric (or there is a written contract, because such overrule verbal contracts, but that's isnät your case).
You can't be sure what a court will decide, but it seem your employer have broken the law already by not offer you a contract  Smile   (At least to kasambahays contracts HAVE TO be written AND REGISTRATED at baranggay office for such, and it would be odd if it isn't like that for other employee too.)
There are some exceptions because of you have worked so short time, and I know only partly which they are, so PERHAPS your employer have broken the law some concerning OBLIGATORIC employee benefits too. Some employers SYSTEMATLY try to avoid paying such benefits  Sad   and not offering you a contract is suspicious...
So at least you have some good arguments IF your employer will go to court.

2: Perhaps future problems:
Some employers demand to see documents from earlier employers, and some even phone them to hear their oppinion before deciding if employ you. So it's some risk your employer can give you problems with future employments.

So I don't know what's best for you in this case. But if your new employer offer you a good contract then he seem better, and you can get recomendations from him, which you can have use of in the future.

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