I started working with this local IT company last October 02, 2013 and I signed two kinds of contract, one is the employment contract, the other the training agreement. Now, every employee hired is required to undergo this training for more than two months, after which you need to take an exam to be certified. So given with this, the employee is to have a training bond of 36 months (or 3 years). My employment should end on October 02, 2016.
But unexpectedly, another job opportunity came from abroad, two weeks after I signed with this local company. I had applied with this foreign company a few months ago, way before I applied, got interviewed and signed with the local company. But the processing took months and so they've just sent me the offer this month, for which I've accepted. I'm to start early next year already to give way to the upcoming Christmas holidays.
So my problem lies with what's going to happen after I file my resignation with the local company.
It was stated in the training agreement that:
"Should you resign from your employment or if the Company terminates your employment for just cause, within 18 months before the end of the stipulated three (3) year period, you are obliged to reimburse the Company the full amount of the training costs, examination fees and all other related expenses (transportation, meals, accommodation), unproductive days during training, replacement costs and associated loss-of-sales costs, i.e. costs associated with your not being able to supply the Company the necessary skills you were trained for."
And the Employment Contract stated that:
"You shall immediately repay all outstanding debts and loans due to the Company or any Affiliate. For this purpose, you fully assent and authorize the Company to deduct from any monies due to you a sum in repayment of all or any part of any such debts or loans."
I found out online that the training package costs around Php 140,000 for the four-course training that I am currently taking and Php 25,000 for the certification exam.
Kindly advise me on the my questions below:
1. Since, I am only on my third week of training and employment, and doing the first of the four courses pa lang, should I be required to pay the FULL amount of the training package of 140k? Hindi po ba proRated dapat?
2. Since the exam is to be taken AFTER the training pa, am I obliged to pay the 25k also?
3. Am I really supposed to pay the FULL amount IMMEDIATELY upon resignation? What if I don't have the budget for such, ano po ang habol nila sa akin? Pwede po kayang gawing installment ang payment terms?
4. Do I need to give a notice of 60 days (2 months) for my resignation, as stated in the Employee Contract?
5. Can I not ask the Company to grant me an immediate resignation since I am still on probationary period?
Because, should they still require me to render, they may not allow me to continue my training further and I won't be doing any service to the Company at all and would be unfair to continue giving me salary on my rendered days.
6. Should they require me to pay the training package of 140k, is it allowed to let me finish the training or can they just let me go without finishing it?
7. As per Training Agreement, am I supposed to reimburse ALL of my salary and allowances (clothing and mobility allowances) that they have given me on the days during my training period?
Hindi pa po ako nagpapaalam kay local Company because I'm still waiting for the approval letter from the government which is being processed by the foreign Company.
(I hope you can atleast answer questions #3, #4, #5, #7.)
Thanks to those who can advise and help me settle my problem!
Last edited by b13wbax on Mon Oct 21, 2013 11:59 pm; edited 2 times in total (Reason for editing : added more info)