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Mistake on Job Contract

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1 Mistake on Job Contract on Mon Sep 27, 2010 1:58 pm

Lee


Arresto Menor
Hi,

I'm employed in a multi-national company and my tenure is still 1 month. Last week, the HR in charge of my onboarding admitted that she made a big mistake on my job contract. The 1st contract was a full-time employee (FTE). After 3 weeks since my official start, the HR realized that I should only be fixed term hire (FTH) for 1.5 years or 2.

I need your assistance how to go through with this. I love the company and the work but my contract error made it complex.

On the legal aspect, what are my options? What can I demand?
I'm thinking if I insist my FTE contract, they will hold it against me since I will still undergo probationary period of six months. If FTH, i don't need to undergo probationary period.

Please assist and enlighten me what to do.

Thank you!

Lee

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2 Re: Mistake on Job Contract on Mon Sep 27, 2010 3:31 pm

attyLLL


moderator
when you say your tenure is still 1 month, you mean that you've been with the company for only 1 month? or there is only 1 month left in your contract?


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3 Re: Mistake on Job Contract on Mon Sep 27, 2010 5:10 pm

Lee


Arresto Menor
Hi attyLLL

I appreciate the quick response.

I have been with the company for only 1 month. I started my employment late August 2010.

After 3 weeks since I started,they notified me about the changes in my contract and admitted it was a mistake on their (HR) end that i was initially offered an FTE (full-time employee) post. Now, they will give me another contract but FTH (fixed term hire) for 1.5 years or 2. But the FTE contract has been signed already by both parties.

I need your thoughts how to handle this. What are my legal options.

Thank you very much!

Lee

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4 Re: Mistake on Job Contract on Mon Sep 27, 2010 6:54 pm

attyLLL


moderator
ultimately, the decision is yours.

what does your FTE contract state? that you are undergoing a probationary period?

a probationary employee enjoys security of tenure during the period of probation which should not exceed 6 months, after which he becomes a regular employee. The same is with a fixed term employee.

you can consider the fixed term, and add a clause that if they absorb you, there will be no longer any probationary period.

whatever you choose, i would advise you to keep your communication in writing, hard copy or email with cc or forward to a personal address.


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5 Re: Mistake on Job Contract Today at 7:58 pm

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