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need to consult about my problem with my employer,possible breach or termination of contract,please help..thanks!

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jemae_garcia


Arresto Menor
To whom it may concern,
I’m Mae, A Filipina working here in Shanghai; I arrived here on June 6, 2013 to work witha band as Singer/Entertainer under our Musical director/Entertainment manager a.k.a. Boss. I had an agreement with the employer to work here for 6 months renewable depending on both parties agreement. July 29, Monday my Boss and I had a little misunderstanding while eating dinner, She told me I had to stop eating or drinking chocolate cause its bad for my voice, then I defend myself saying Am only eating it rarely, then I told her its ok with me. I told her sometimes my voice is bad because of the microphone. She told me there’s nothing wrong with the microphone, Am the one who has a problem with my voice. So I didn’t answer back anymore because I don’t want to argue with her. Aug. 5, Monday I have so many mistakes on stage so after our 2nd set I had a conversation with the other female singer of our band. Asked her if Am difficult to work with, she said a bit yes. So I told her to tell our Boss that I’m not going to renew our contract. Then I asked her that if they want, they can replace me also along with the rhythm section that they’re going to replace, because I don’t want to be a burden to them. Then she told me if that’s your decision we can’t do anything about it. Then she told me to make a resignation letter, and that I’ll shoulder my repatriation. Aug. 12, Monday before going to work the other singer told me to handwritten the resignation letter. Then after work our boss talked to me about my resignation, told me that our Director already knew it. Aug. 13, Tuesday I handed over my letter to the other singer at the elevator going home. Boss told me to rewrite the letter and remove the irrevocable thing, asked me if am ready for the consequence, cause our director might sue me for breach of contract and let me pay it, Am arrogant she said. Aug.15, Thursday I gave the new letter to the other singer before our set, she told me to write it again and remove the “effective on August 25. This provides you with 2 weeks' notice to plan for my replacement”. Then told me that they’d let me know if they already found my replacement and if they are processing their papers already a month before. They already have two singers to choose from she said. Aug. 30, the other singer asked me if I already find a singer to replace me, told her not yet. Then I asked her I thought you already have two singers to choose from, and then she said they aren’t sending their files yet. I asked her when do they need told me they need it a.s.a.p. or else am going to renew my contract again. Aug. 31, Saturday while getting some water, our boss asked me where is the singer?  Told her am still looking, then before going to work am giving her already the letter, then she refuses to take it. Told me to give it to her after work, and then said there’s no problem with the letter because we both know about my resignation. And said that I just need to find my replacement for me to go back home, I asked her about the rhythm that they’re going to replace also. Said that she already have their papers so she cannot wait for the singer that am going to give her. Sept. 3, Tuesday while on the taxi going to work I heard our boss that they’re going to the computer shop, asked them if I can join because I want to buy a Slr camera. After work we had a meeting back home, told me not to buy anything and just save my money because I have to pay them for breach of contract. Then I told her I can finish the contract if they want to but she said I resigned already. Again they asked for my replacement then I told them I already found one, and then she said they got a singer already. Sept.7, Saturday - our boss asked for my letter of resignation.
I didn’t resign at the first place I just told the other singer that am not going to renew it, she’s the one who told me to make a letter.

Now I just want to ask for advice if I can terminate my contract and if I really have to pay for breach of contract? It is ok for me to pay for the expenses of the one who’s going to replace me due to breaching, that’s if they approved my resignation the day I gave it to them and let me go home the day it is effective. But they did not, and she said that I need to wait for my replacement first cause it’s in the contract. Told me I need to pay the contract itself also for breaching it. Am just wondering if it’s really true or they are just scaring me to do want they want. I’ve read the contract and I’m sure it’s not there. I really wanted to go back home already, please let me know if I have the most chance of winning if I just let them sue me. I wanted to leave them in good terms but if they still want me to pay for it when my replacement is already here can I terminate it? I’ve been doing what they want me to even if it’s not ok with me. I just want this to be finished it’s too much already for me.

My reasons to terminate it based on my statutory rights and our contract are:
We don’t have day off.
Having illegal deductions, I only receive 800$ but in the contract its 1000$ above.
Am physically unfit to work based on my medical back home; they just made me sign an agreement about my stones so that my medical can be released.

Other reasons:
Harassments or Discrimination.
Freedom of speech, telling me to delete my post at my Facebook.
I can’t eat what I want.
We can’t go out alone.
My boss has my passport.
She has my Contract also.
She said “that’s bullshit” when I’m explaining my reason for resigning.
She doesn’t want me to go chat with my husband at midnight, told me that my time is hers. If my husband doesn’t agree with it she told me to “tell your husband to send money to pay for your contract.”
She wants me to mingle with them even if I don’t want to.
I can’t go home early after work because I have to wait for them always, because they have our taxi allowance.
She’s giving me orders at home also, acting like she’s our boss at home.

I emailed the consulate and posted here because I can’t go there personally to consult my problem. I hope you’ll reply to my post and take some actions. Thanks!

Here is my roaming number - +639064293192

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attyLLL


moderator
try to find a way to get back to the PH first. sort out these supposed breach issues here.


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jemae_garcia


Arresto Menor
attyLLL wrote:try to find a way to get back to the PH first. sort out these supposed breach issues here.
but the prob is they won't let me go back home..

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attyLLL


moderator
it should not be up to them. exert the effort to get help from the ph consulate


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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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