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

Letter from the Company

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

1 Letter from the Company on Mon Mar 03, 2014 6:01 pm

MissNoemi1986


Arresto Menor
Hi! I'm new here.

I need your advises.

I received a letter for my previous company noted by the lawyer.

SUBJECT is: Violation of the Labor Code and Non-Compete Agreement.

The letter said that they want to remind me na in accordance to Article 285 of the Philippine Labor Code, which was repeated in your employment contract. you must provide atleast (1) month in advance notice bago umalis.

The letter said that in this regard, you must report back to work immediately or be liable for damages.

Here's the thing. I just emailed them my resignation letter. why? because I tried to resigned and talk to them in person February 6, 2014 however they did not accept it and told me to decide about it. during the time I was very stressed and worried and down. because: of the Company's system.

* Walang hulog yung:
- SSS
- Pag-ibig
- Phil health
- TIN

I tried talking to them regarding the matter pero they said nahuhulugan daw lahat yun. pero walang hulog na nakita ang SSS.

Ayaw nila kaming bigyan ng copy ng payslip and even ng contract namin. they don't even give me a regularization contract. then they will said na from the letter reminding me; that it is written in my employment contact?

Next, Non-Compete Agreement.

The letter said that: we have evidence to support that you are working for a competitor.

"I am not yet employed" are they accusing me?

but yes! I am planning to apply for the competitor. any advises?

The letter said violation of Non-Compete Clause shall entitle the company to liquidated damages equivalent to one year salary computed from last monthly salary, plus twenty (20%) attorney's fees and cost of suits.

Where in kinuhanan na nga kami ng CASH BOND: Php 3500

The Letter said: We demand that you cease and desist immediately or we will pursue legal action against you to enforce Non-compete clause of your employment contract.

How will I respond to this letter?

Thank you.

View user profile

2 Re: Letter from the Company on Tue Mar 04, 2014 6:18 am

council


Reclusion Perpetua
MissNoemi1986 wrote:Hi! I'm new here.

I need your advises.

I received a letter for my previous company noted by the lawyer.

SUBJECT is: Violation of the Labor Code and Non-Compete Agreement.

The letter said that they want to remind me na in accordance to Article 285 of the Philippine Labor Code, which was repeated in your employment contract. you must provide atleast (1) month in advance notice bago umalis.

The letter said that in this regard, you must report back to work immediately or be liable for damages.

Here's the thing. I just emailed them my resignation letter. why? because I tried to resigned and talk to them in person February 6, 2014 however they did not accept it and told me to decide about it. during the time I was very stressed and worried and down. because: of the Company's system.

* Walang hulog yung:
- SSS
- Pag-ibig
- Phil health
- TIN

I tried talking to them regarding the matter pero they said nahuhulugan daw lahat yun. pero walang hulog na nakita ang SSS.

Ayaw nila kaming bigyan ng copy ng payslip and even ng contract namin. they don't even give me a regularization contract. then they will said na from the letter reminding me; that it is written in my employment contact?

Next, Non-Compete Agreement.

The letter said that: we have evidence to support that you are working for a competitor.

"I am not yet employed" are they accusing me?

but yes! I am planning to apply for the competitor. any advises?

The letter said violation of Non-Compete Clause shall entitle the company to liquidated damages equivalent to one year salary computed from last monthly salary, plus twenty (20%) attorney's fees and cost of suits.

Where in kinuhanan na nga kami ng CASH BOND: Php 3500

The Letter said: We demand that you cease and desist immediately or we will pursue legal action against you to enforce Non-compete clause of your employment contract.

How will I respond to this letter?

Thank you.

File your complaint with DOLE and the different agencies (SSS, PHIC, HDMF, BIR).

But you need some sort of proof to show you are employed there - probably pwede na yung notice nila.

View user profile http://www.councilviews.com

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