I am Andy, 24 years old and currently residing at
Antipolo City, Rizal. I was hired on October 1, 2012 and left the
company on October 11, 2013. My employment was subject to employment
bond and would expire on September 30, 2014.
In our employment bond contract, it states there that:
1. My employment is subject to employment bond and will expire
on September 30, 2014.
2. The amount of bond is Php 100, 000.00, representing the
total cost of pre-employment training provided by the company.
3.You shall liable to pay without need of demand and further
negotiation the value of the bond in the event any of the following
violations with in the bond period. (i)you are separated for a cause.
(ii)you resign from the company or (iii) you seek employment or become
employed (irrespective of the position) in another company engaged in
the same line of business as the company. For purposes of settling
cost of the bond and without prejudice to any other action that the
company may take, you hereby specifically authorize the company to
deduct or set-off the amount of the bond from any and all amounts may
due you by reason of your employment.
I resigned due to my health condition ‘cause I was diagnosed that I
have scoliosis, urinary tract infection and upper respiratory tract
infection. You can see the documents I submitted on our company clinic
or better see on our HMO partner( Medicard). It was also a doctor’s
advice to rest for a month or two and suggested that I needed to
change my nature of work.
The Operations Manager of Casino Table Games approved my resignation
and I’m already done with my company clearance and company exit
interview. Indeed, I legally and formally exit our company.
In line with this, I would like to apology for not completing our
agreement stated on our training employment bond. It was not my
intention to resign and it was an unexpectedly event that I would
suffer from the above illness. I would like also to request to waive
our employment bond since I resigned due to health condition and not
because I employed with the other company.
The company told me that they won't allow me to get my claims such as
my certificate of employment, income tax return 2316, my last salary,
and my 13th month pay because of our existing employment bond which
will expire on September 2014. They also told me that they would allow
me to get my claims if I can get a legal document stating that my
health condition can terminate our employment bond.
Can the company sue me due to not completing our employment bond? Can
I get my claims such as my certificate of employment, income tax
return 2316, my last salary, and my 13th month pay despite of the
bond? Is there a legal document I can use to terminate the bond? If
yes, can you please give me?
Thank you for taking time reading this query.
Advance Merry Christmas and a Happy New Year!!!!