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Can somebody help me with this?

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1 Can somebody help me with this? on Thu Nov 07, 2013 3:24 am

audiimars


Arresto Menor
Good day!

I passed a resignation letter to the previous company I worked in because I felt disappointed with the company's management and the salary I've been getting is lesser than I've expected. It's a BPO company here in the Philippines. Before giving my resignation, I checked my contract. A training bond was stated there but it wasn't stated there how many months or years I would need to work just to be done with the bond. The only thing stated there was "WHILE CONTRACT IS IN FORCE" and "DURING THE CONTRACT PERIOD", so it's not clearly stated in the contract. It was also stated in the contract that if there's a need for us to resign, we should hand in our resignation 30 days before it would take effect. So then, we handed our resignation 30 days prior. After a few days, we got a letter of response from our HR saying that they're declining our resignation because the training bond is effective until the end of our contract. We were very disappointed after this. I handed them another resignation because my intention in going back to school won't be realized if I stay longer there, and once again they declined my resignation. They gave us no other choice but to go on AWOL, because we got a job offer from one of the biggest BPO here in Philippines. Now, the problem is, we added our previous company on our resume so the company that hired us asked us to get a Certificate of Employment. So I and my friend went back to the company to request for a COE and our Team Leader monitored it for us. Now, I received a text from my TL saying that the HR won't give us the COE since we went on AWOL. I still have the 2 resignation letters that I gave them, and I also kept the letter of response they gave me. The contract is also still with me. Now my question is, can they use the training bond against me when it's not clearly stated in our contract? There are a lot of lapses in our contract; can we use that against them? And for how long should a training bond be implemented? Is it legal for a training bond to last for a year? And are the company actually allowed to decline our resignation. They even did it twice to me. It's not only me who got declined, but also other employees even if the reason is valid or not. I hope you can help me with this. I and some of my friends are now thinking of consulting our department of labor. Thank you very much for your time.

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2 Re: Can somebody help me with this? on Thu Nov 07, 2013 3:45 am

Patok


Reclusion Perpetua
you're asking questions now? bakit hindi ka nagtanong nung pumirma ka nang contract.. ano ba validity nang contract? syempre dapat nakalagay yun don.. ano yung for life ba yang contract na yan??

sa susunod bago kayo pumirma magtanong muna kayo.. pag hindi kayo sang ayon wag kayo pipirma.. pwede nyo naman pabago yung nasa contract kung hindi kayo nag a agree..

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3 Re: Can somebody help me with this? on Thu Nov 07, 2013 5:48 am

HR Adviser


Reclusion Perpetua
1. For loopholes and fine print in your contract, you need to personally seek advise from the lawyer
2. Bonds vary from company to company but it is usually 2-3 years
3. Yes it is legal that a training bond would last for a year
4. Yes they are allowed to decline resignation if it is immediate or less than 30 days

You may try consulting DOLE but since you went AWOL, the company can simply argue that you are terminated due to abandonment of work. If the company has processed your AWOL (Sent you NTE & Termination), the have an edge if you'll file a case.

But you can always try. Your attorney might find a way to win your case

Good Luck

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4 Re: Can somebody help me with this? on Sun Nov 10, 2013 10:28 am

stashracer


Arresto Menor
Please do contact us at BPO Workers Organization we may be able to help you in your case. you may email us regarding the fact of your case bpoworkersorg@gmail.com You may tell your BPO friends about us and we can organise a union for other BPOs.

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5 Re: Can somebody help me with this? on Fri Nov 15, 2013 10:44 am

audiimars


Arresto Menor
Patok wrote:you're asking questions now? bakit hindi ka nagtanong nung pumirma ka nang contract.. ano ba validity nang contract? syempre dapat nakalagay yun don.. ano yung for life ba yang contract na yan??

sa susunod bago kayo pumirma magtanong muna kayo.. pag hindi kayo sang ayon wag kayo pipirma.. pwede nyo naman pabago yung nasa contract kung hindi kayo nag a agree..
salamat pero what I needed now is an advice and answers sa mga tanong ko. if wala naman po kayong masasabing iba aside from being sarcastic, hindi nalang po sana kayo nagsalita. sorry po. I know, kasalanan ko din bakit pumirma ako. pero sana po wag na kayong dumagdag sa sama ng loob ko. salamat.

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6 Re: Can somebody help me with this? on Fri Nov 15, 2013 10:49 am

audiimars


Arresto Menor
HR Adviser wrote:1. For loopholes and fine print in your contract, you need to personally seek advise from the lawyer
2. Bonds vary from company to company but it is usually 2-3 years
3. Yes it is legal that a training bond would last for a year
4. Yes they are allowed to decline resignation if it is immediate or less than 30 days

You may try consulting DOLE but since you went AWOL, the company can simply argue that you are terminated due to abandonment of work. If the company has processed your AWOL (Sent you NTE & Termination), the have an edge if you'll file a case.

But you can always try. Your attorney might find a way to win your case

Good Luck
thank you po. In my case, I gave my resignation directly sa HR namin more than 30 days po before the effectivity of my resignation. so are they still allowed to deny my resignation? thanks po in advance.

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