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need help re: employment status

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1 need help re: employment status on Fri Oct 01, 2010 10:54 pm

paulomejia


Arresto Menor
Hi.I was hired as a trainer in a start up company. during the interview they only said that i will undergo a 2-week training with allowance and after that they will evaluate me.so i waited and after 3 weeks, they evaluated and just said i was hired, but there was no Job offer nor any contract.again, they asked me to wait. a month passed and it was only then that i read about my employment status.
they said i will start as contractual for 5 mos. / then probationary for 6 mos./ then i will be regularized. I did not sign the contract yet because of the contractual status.

Question 1: Are they liable for not divulging the contractual status during the interview? is a contractual status applicable for training/learning centers?
Question 2: Can I request for just a 3 month contract if that is the case so that I can apply to another company without prolonging my agony?
Question 3: Is the non compete clause for 2 yrs applicable for contractual?

Please help me. I really need to decide but their contract contents are very biased.
It is unfair to the employees as well.
Please help me.
You may send your reply to paulomejia@rocketmail.com
or just post all your comments/ advice here.All advise will be highly appreciated.
Thank you in advance.

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2 Re: need help re: employment status on Sat Oct 02, 2010 4:47 pm

attyLLL


moderator
if there was no qualification at the time of hiring, it can be argued that technically you are already a regular employee.

of course you can request, but it depends if they will agree, and that will definitely be a red flag that you will bolt.

non-compete clause is valid. they can seek damages from you if you breach. good luck.


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3 ..almost same situation sa company ko ngayon on Sun Oct 03, 2010 5:28 pm

winter1782


Arresto Menor
gusto ko lang itanong kc when they hired me last june 2009 nag sign ako ng contract na co terminous yung contract ko sa account, 1 yr yung contract na pinirmahan ko...BPO company... then came June 2010, nagpa sign cla ng new contract extending yung contract namin for another month up to July 2010... nag transfer na kami ng ibang account kc nag close na yung 1st account namin, then nasa new account na kami until now wala pa cila pinapapirmahan na new contract samin..technically expired na yung employment contract namin last July 2010... considered ba na regularized na kami? anong status namin ngayon?

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4 Re: need help re: employment status on Mon Oct 04, 2010 9:26 pm

attyLLL


moderator
winter, i would argue that you are already a regular employee. as a project employee you were only designated for that particular project. by moving you to another account, you are now in a new project without qualification and to me this amounts to regularization.

in addition, the fact that you were made to continue after the expiration of 1 year shows that you are performing a duty which is desirable to the company, and you are a regular employee by operation of law.


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