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Can my employer force me to work abroad?

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1 Can my employer force me to work abroad? on Sun Jun 01, 2014 12:46 pm

jamie22


Arresto Menor
I have a 2 year bond with my current employer. The bond indicated that I cannot resign within 2 years or I will pay them an x amount of money for training. I completed my training abroad for 3 months, but they wanted me to go back abroad and continue work there for 1 year.

Question: Can they use the bond that I signed to force me to work abroad?

Hindi naman po ako mag r-resign, hindi ko lang maiwan ang family ko.

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2 Re: Can my employer force me to work abroad? on Sun Jun 01, 2014 1:04 pm

council


Reclusion Perpetua
jamie22 wrote:I have a 2 year bond with my current employer. The bond indicated that I cannot resign within 2 years or I will pay them an x amount of money for training.  I completed my training abroad for 3 months, but they wanted me to go back abroad and continue work there for 1 year.

Question: Can they use the bond that I signed to force me to work abroad?

Hindi naman po ako mag r-resign, hindi ko lang maiwan ang family ko.

If your work requires you for a transfer, pwede, depending on certain circumstances.

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3 Re: Can my employer force me to work abroad? on Sun Jun 01, 2014 1:19 pm

jamie22


Arresto Menor
actually wala po sa contract na I need to continue my work abroad. ang sabi lang po is bawal mag resign within 2 years because of the training I had which I completed naman.

What are my options? I was thinking if worse comes to worst, I can get myself fired na lang diba? say example, not perform well in work.
Would that be a breach of contract? It's unfair kasi na they will have me work abroad but still get paid with php currency and the fact na I can't leave my family behind..

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4 Re: Can my employer force me to work abroad? on Sun Jun 01, 2014 2:46 pm

AWV


Reclusion Perpetua
jamie22 wrote:actually wala po sa contract na I need to continue my work abroad. ang sabi lang po is bawal mag resign within 2 years because of the training I had which I completed naman.

What are my options? I was thinking if worse comes to worst, I can get myself fired na lang diba? say example, not perform well in work.
Would that be a breach of contract? It's unfair kasi na they will have me work abroad but still get paid with php currency and the fact na I can't leave my family behind..

If it is not in your contract to work abroad then they cannot force you! If you fulfils their training abroad then you are free to refuse! Salary abroad is much higher like 4X as much plus the accommodation, flights, transportation allowance, medical and dental. so if they are not prepared to offer that, don't let them fool you!

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5 Re: Can my employer force me to work abroad? on Sun Jun 01, 2014 5:41 pm

council


Reclusion Perpetua
jamie22 wrote:actually wala po sa contract na I need to continue my work abroad. ang sabi lang po is bawal mag resign within 2 years because of the training I had which I completed naman.

What are my options? I was thinking if worse comes to worst, I can get myself fired na lang diba? say example, not perform well in work.
Would that be a breach of contract? It's unfair kasi na they will have me work abroad but still get paid with php currency and the fact na I can't leave my family behind..

So if everything is complied with and you don't want to move on abroad then you just file your resignation.

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6 Re: Can my employer force me to work abroad? on Sun Jun 01, 2014 9:10 pm

jamie22


Arresto Menor
Thank you for all your inputs. The thing is cannot resign because of the bond that I signed. My boss is kind of greedy so I want to know every possibility.

If he says something like, refusal to go abroad is same as resigning because he will not have any job for me here in the Philippines and ask me to pay for the training cost. Is that valid?

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7 Re: Can my employer force me to work abroad? on Sun Jun 01, 2014 9:25 pm

council


Reclusion Perpetua
Ah so you completed training and are still in a bond? So far it still holds then. You were trained and what you learned will be used abroad?

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8 Re: Can my employer force me to work abroad? on Sun Jun 01, 2014 10:06 pm

AWV


Reclusion Perpetua
jamie22 wrote:Thank you for all your inputs. The thing is cannot resign because of the bond that I signed. My boss is kind of greedy so I want to know every possibility.

If he says something like, refusal to go abroad is same as resigning because he will not have any job for me here in the Philippines and ask me to pay for the training cost. Is that valid?

Check carefully what's on your contract! They cannot force you to go abroad if you didn't sign for it, even if they sent you to do training. If they will send you abroad this should be a different package all together! They cannot bargain you if they wish to send you to work abroad!

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9 Re: Can my employer force me to work abroad? on Mon Jun 02, 2014 9:12 am

jamie22


Arresto Menor
My training can be used here or abroad. I guess it really comes down to the contract huh?
I left my copy of the contract in the Philippines. I will check it when I get home and that will be on the 12th.

But as far as I remembered all it says was I cannot resign for 2 years because of the training. It did not say where I will use it and It did not say anything about going abroad for 1 whole year.

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10 Re: Can my employer force me to work abroad? on Mon Jun 02, 2014 9:27 am

council


Reclusion Perpetua
jamie22 wrote:My training can be used here or abroad. I guess it really comes down to the contract huh?
I left my copy of the contract in the Philippines. I will check it when I get home and that will be on the 12th.

But as far as I remembered all it says was I cannot resign for 2 years because of the training. It did not say where I will use it and It did not say anything about going abroad for 1 whole year.

Bottom line is the task you are being assigned is not illegal in any way, so the assignment abroad could be considered valid.

Generally contracts have clauses on assignments - such as:

"You recognize the right and prerogative of the company to assign and re-assign you to perform your duties and responsibilities, as well as other tasks, in any place and at any time as the company may deem necessary and beneficial to its business, including assignments to other companies with due consideration to their skills and qualifications."

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11 Re: Can my employer force me to work abroad? on Mon Jun 02, 2014 9:38 am

jamie22


Arresto Menor
I see.. If that is the case, I think the only way out for me is to get myself fired. Is this legal? Say I will be fired because of poor performance?

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12 Re: Can my employer force me to work abroad? on Mon Jun 02, 2014 9:45 am

council


Reclusion Perpetua
jamie22 wrote:I see.. If that is the case, I think the only way out for me is to get myself fired. Is this legal? Say I will be fired because of poor performance?

You may still be liable for damages or costs of training because (among other things) you cannot return the information you have learned. They invested in your course and expect that they can benefit from that.

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13 Re: Can my employer force me to work abroad? on Mon Jun 02, 2014 9:57 am

jamie22


Arresto Menor
I see. So does that mean they can send me anywhere they like, have me do anything they want(as long as it involves my profession) and I cannot refuse to this without me paying them for the training fee?

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14 Re: Can my employer force me to work abroad? on Mon Jun 02, 2014 9:58 am

council


Reclusion Perpetua
jamie22 wrote:I see. So does that mean they can send me anywhere they like, have me do anything they want(as long as it involves my profession) and I cannot refuse to this without me paying them for the training fee?


Generally yes, unless the very nature of the work is illegal.

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15 Re: Can my employer force me to work abroad? on Mon Jun 02, 2014 10:11 am

jamie22


Arresto Menor
Can they use this to make money from people like me? I'm actually a fresh grad and a beginner in my field. So I am not familiar with all these.

Does that mean they can give me difficult task which at my level I might not be able to do, and once I failed they can fire me and have me pay for the training fee(which is like half a million)?

Though I remembered in the contract, it stated that in the event I get fired, I will no longer have to pay them. But I am not sure since it might also enclose such things I may have looked over.

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16 Re: Can my employer force me to work abroad? on Mon Jun 02, 2014 10:23 am

council


Reclusion Perpetua
jamie22 wrote:Can they use this to make money from people like me? I'm actually a fresh grad and a beginner in my field. So I am not familiar with all these.

Does that mean they can give me difficult task which at my level I might not be able to do, and once I failed they can fire me and have me pay for the training fee(which is like half a million)?

Though I remembered in the contract, it stated that in the event I get fired, I will no longer have to pay them. But I am not sure since it might also enclose such things I may have looked over.

You're lucky to find a job or position that companies are willing to spend for.

They can give you tasks which they know can be done, otherwise it's like shooting themselves in the foot - they won't benefit from any task that can't be done properly.

If you didn't like any terms and conditions of the contract, you could have refused employment with them in the first place.

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17 Re: Can my employer force me to work abroad? on Mon Jun 02, 2014 10:51 am

jamie22


Arresto Menor
Maraming salamat po sa mga suggestions. marami po akong na tututunan.

One last question. For the over time pay.. Asking for an OT pay here in Japan is not a norm(at least for this company)They have as work 5 hours overtime everyday with no pay. They say its doing extra for the company, and after training they will have as work Saturdays too. I guess parang nag papalakas sa boss ang sinasabi nila.

Am I still entitled for an overtime pay even though their culture say its not? My salary is the same as the salary I am getting in the Philippines plus allowance but not enough to keep as savings.

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18 Re: Can my employer force me to work abroad? on Mon Jun 02, 2014 10:58 am

council


Reclusion Perpetua
jamie22 wrote:Maraming salamat po sa mga suggestions. marami po akong na tututunan.

One last question. For the over time pay.. Asking for an OT pay here in Japan is not a norm(at least for this company)They have as work 5 hours overtime everyday with no pay. They say its doing extra for the company, and after training they will have as work Saturdays too. I guess parang nag papalakas sa boss ang sinasabi nila.

Am I still entitled for an overtime pay even though their culture say its not? My salary is the same as the salary I am getting in the Philippines plus allowance but not enough to keep as savings.

Culture might not be in favor of overtime pay but legally you are entitled to it, either in Manila or in Japan.

Maximum full-time working hours in Japan are eight hours per day and 40 hours per week.

If an employee works six to eight hours in a day, they are entitled to a 45-minute break; if an employee works eight hours in a day, they are entitled to a one-hour break. An employee is entitled to one holiday per week unless they otherwise receive four or more holidays within every period of four weeks. Overtime pay must be provided for any work over eight hours per day, over 40 hours per week or on holidays. Regulations provide that the overtime premium must be at least 25% for additional work on a workday, 35% for holiday work and an additional 25% for work late at night (usually defined as 10 PM to 5 AM).

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19 Re: Can my employer force me to work abroad? on Mon Jun 02, 2014 11:18 am

jamie22


Arresto Menor
This is great info.

I will have a chat with my boss pag uwi ko po ng pinas. So from the looks of it, legally wala akong habol. I guess in my meeting with my boss I will try to negotiate na lang my terms with him and hopefully and up at least meeting half way. Hopefully.

Maraming salamat po ulit. I will let you guys know after my chat with him pag uwi ko po ng 12th.

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20 Re: Can my employer force me to work abroad? on Wed Jun 11, 2014 4:46 pm

jamie22


Arresto Menor
Hi again, just an update.

My employer changed my work location again. I'm coming home to the Philippines tomorrow and will be staying there for one month prior to going back here in Japan. But instead of working in our office in Ortigas, he wants me to go to work in the Batangas branch..

I did not sign up for this. First is the 1 year work overseas instead of the 3 months that we talked about and now he wants me to go to work in Batangas while I'm in the Philippines.

I still can't resign because of the bond. What are my options here? Thank you.

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21 Re: Can my employer force me to work abroad? on Wed Jun 11, 2014 7:00 pm

AWV


Reclusion Perpetua
Wha's wrong being assign to Batangas? You're still in the Philippines. As an employee you seem to have lots of problem taking that job! You're lucky you have job! You should be more contented. I work here and there too! In and out of the country and I also have family and I work my arse off (Meaning I work hard) to provide for the family! As an employee you shouldn't be too fussy with job. My piece of advise, Appreciate that you have one! Remember there are lots of graduates in the country that do not have jobs! Wink

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22 Re: Can my employer force me to work abroad? on Wed Jun 11, 2014 7:03 pm

AWV


Reclusion Perpetua
Another thing, never doubt yourself! This will be your key to your success always think positive! Say "I can do this job!" Wink

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23 Re: Can my employer force me to work abroad? on Wed Jun 11, 2014 9:41 pm

jamie22


Arresto Menor
I was hoping for a legal advice but thanks for the inspirational words.. Somehow it lifted up my spirit. Well I think I better tell you guys my situation..

- I live in manila. To travel to Batangas everyday to work is not ideal for my situation and the location in the job description is ortigas
- The work we do in Japan always requires us to do at least 5 hours overtime everyday and without pay. 9am to 11pm
- We only have 1 day off because we have to do RDOT(rest day OT) and that's without pay.
- My salary will still be in pesos even I continue working in Japan. Allowance is barely enough for food.
- My 3 month stay in Japan, I had to exchange my pocket money to yen just to make it through.
- If I go beyond 700 yen per day, kukulangin. A decent meal here is about 300 - 450 yen. So I started cooking, but guess what.. we pay for gas.
- Insurance will be given after 6 months in Japan. We even don't have travel insurance.

I survived for 3 months doing that. I think I can do it for one more year. But for what? I can continue working hard.. I know I can.. But I want to work smart as well.. And I can't resign and look for a better job because of the bond that I signed.. I guess its my fault too.. I should have ask around first before signing it. Sad

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