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Training Bond: Only 2 out of 3 trainings were given

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Arresto Menor
I was wondering if you could share your opinion on the case below. Would really appreciate it.

Employment Bond Contract says:

"Training Program Period: The employee shall undergo Training 1 on April 5-8, 2010 at Makati City. Training 2 on April 11-14, 2010 at Makati City. Training 3 on May 5-8, 2010 at Makati City.

Company reserves the right to discontinue or terminate the training of the employee for such reasons that are deemed justified by the company without any obligation on its part other than to ensure that the employee is returned to his home base."

1 year bond for the three trainings. 1 year bond starts on the Last day of the first training. Training cost is 200,000+ (cost will be pro rated based on the number of work days rendered) and a service commitment pay of 100,000 if ever the employee decides to terminate his employment before the 1 year bond ends.

I was not given the 3rd training and was not given a notification of the 3rd training being put-over/postponed or even a notice of reschedule.

Now, i am thinking of resigning to transfer to another company abroad. Did the company breached the terms of contract when they failed to provide the 3rd training and did not make any step for proper notification of reschedule or cancellation?

I even asked from the HR the cost of accountability in case I resigned. Computation was 150,000 pesos. 100,000 for the service commitment pay, and 50,000 for the remaining work days not rendered. They waived the cost of the third training off from the computation. Should I really pay for it when, in the first place, the company have possibly breached their terms?

What would be the best step to go about with the case? I don't think it is practical for both parties to go to court.

What I would want to happen is for us (employee-employer) to agree to just release my clearance without me paying the 150,000 pesos. I wouldn't mind not getting my last pay and 13th month.

Thank you very much.

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the best you can do is to keep negotiating with the company. but if there is no result, you run the risk of their filing a case of damages against you if you resign.

your defense will be centered on the value of the training, whether it is really that much. you can try to use the position that there was breach by the absence of the last training, but to my mind, this will be viable only if the first 2 trainings are useless without the third one.

one of the posters here resigned without filing notice. the company filed for damages in the amount of P100,000 but the court reduced it to P20,000.

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