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retracting a signed contract but employer wants me to pay

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ceterisparibus


Arresto Menor
hi,
i badly need help. i signed a job contract and the effective date of my employment is on June 2. i personally went to the company ( talked to the HR head) to show respect and give thanks for the opportunity and she said that it's okay but i need to pay a fine because there is a clause in the contract that states: "in the event that i do not report to work on the agreed effective date, we shall hold you liable for the lquidated damages in the amount equivalent to what would have been 2 month's salary as stated, in addition to such other amounts or damages that the company may be entitled to."
i haven't passed any requirements yet but there's no clause in the contract that says "failure to comply to pass the reqs shall invalidate the contract"
can i do something about it? i dont have money to pay for it. please help.

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council


Reclusion Perpetua
ceterisparibus wrote:hi,
i badly need help. i signed a job contract and the effective date of my employment is on June 2. i personally went to the company ( talked to the HR head) to show respect and give thanks for the opportunity and she said that it's okay but i need to pay a fine because there is a clause in the contract that states: "in the event that i do not report to work on the agreed effective date, we shall hold you liable for the lquidated damages in the amount equivalent to what would have been 2 month's salary as stated, in addition to such other amounts or damages that the company may be entitled to."
i haven't passed any requirements yet but there's no clause in the contract that says "failure to comply to pass the reqs shall invalidate the contract"
can i do something about it? i dont have money to pay for it. please help.

Sorry, the contract is more or less iron-clad. You signed it, and are liable to comply with its conditions, because they could have offered the job to someone else who is willing to work but may not be able to hire that second option.

The Civil Code is clear on it as well -

Art. 1315. Contracts are perfected by mere consent, and from that moment the parties are bound not only to the fulfillment of what has been expressly stipulated but also to all the consequences which, according to their nature, may be in keeping with good faith, usage and law.

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3 ... on Sat May 03, 2014 8:46 pm

ceterisparibus


Arresto Menor
what if i do not pay? will they sue me for that? or can i write them to ask if they could waive the fine?

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council


Reclusion Perpetua
ceterisparibus wrote:what if i do not pay? will they sue me for that? or can i write them to ask if they could waive the fine?

Yes, they can sue you.

You can always ask them to waive the penalty, and if they agree, good for you.

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ceterisparibus


Arresto Menor
council wrote:
ceterisparibus wrote:what if i do not pay? will they sue me for that? or can i write them to ask if they could waive the fine?

Yes, they can sue you.

You can always ask them to waive the penalty, and if they agree, good for you.

is there any article in the ph law that allows the employee not continue with the employment? i mean, if the employee is sick and needs continues medication?

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council


Reclusion Perpetua
ceterisparibus wrote:
council wrote:
ceterisparibus wrote:what if i do not pay? will they sue me for that? or can i write them to ask if they could waive the fine?

Yes, they can sue you.

You can always ask them to waive the penalty, and if they agree, good for you.

is there any article in the ph law that allows the employee not continue with the employment? i mean, if the employee is sick and needs continues medication?

You can always discontinue employment anytime, by following the required procedures, even when sick.

Approval is an altogether different matter.

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ceterisparibus


Arresto Menor
thank you for your advice, council.. appreciate it much!

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Patok


Reclusion Perpetua
just curious.. why did you sign? then don't want to continue?

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