Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

nurse trainees under training contract working as employees but without signed employment contract

View previous topic View next topic Go down  Message [Page 1 of 1]

meadow


Arresto Menor
We are nurses (fresh graduates at that). We applied for special department training at a certain hospital. We got accepted and we signed a contract specifying we are under the "Specialized Area Training". Also, we paid for the training.

At the same time during the contract signing, we were made to agree (verbally) that if the patient count is high, we well be pulled out from our respective speacial areas and we can work with pay (340/8 hours).

But no written contract was signed by us.

My concern is,

1. We are not considered employees in the hospital as we don't have any employment contract.

2. The pay is a little less than minimum

3. We are still trainees but we were given the workload of a regular duty nurse. Like, we are left on our own when we work with pay.

4. Can a verbal agreement be legally binding in employment?

5. Is it considered deceit on their part when we were supposedly undergoing special training yet we are filling in for regular duty nurses during understaffing?

6. Can we just do the special training and disregard calls for floor duty nursing?

Thanks.

View user profile

tsi ming choi


Reclusion Perpetua
meadow wrote:
1. We are not considered employees in the hospital as we don't have any employment contract.

Yes. Not considered as employee because of that "Specialized Area training" contract as youve signed earlier.

However, in my opinion, you can still fight your right to become a regular employee because your services rendered to the hospital are usually necessary and desirable to their operation, likewise, the "SAT" is somewhat a contract that circumvent your status to become a regular employee.

meadow wrote:
2. The pay is a little less than minimum

Valid and legal since was agreed upon in the contract(SAT), likewise, you are not yet entitled to minimum wage because you are not considered yet as their employee.

meadow wrote:
3. We are still trainees but we were given the workload of a regular duty nurse. Like, we are left on our own when we work with pay.

That is valid because as such is within the scope of your contract (SAT). So, In my opinion, if you fight your right to be a regular employee, then you can establish this fact to support your cause that your services are necessary and desirable to their operation.

meadow wrote:
4. Can a verbal agreement be legally binding in employment?

Yup. Contracts can be made orally or thru in writing, and in both cases they are binding between the contracting parties. Further, contracts are perfected by mere consent. Hence, The moment you give your consent to that verbal agreement, then as such is binding between you and the hospital.

meadow wrote:
5. Is it considered deceit on their part when we were supposedly undergoing special training yet we are filling in for regular duty nurses during understaffing?

In my opinion, there was a deceit and negligence with respect to the supervision made by the regular staff to your supposed training.

meadow wrote:
6. Can we just do the special training and disregard calls for floor duty nursing?

Qualify it. IF that "calls for floor duty nursing" is not embodied in the "SAT" contract or Vebally said by the person whom youve talked to during the signing of that "SAT" then you can refuse or disragard such call.

Otherwise, if stated in the contract or verbally said to you AT THE TIME of signing the "SAT" then you are obliged to take heed the call.

View user profile

View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum