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AWOL or not

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1 AWOL or not on Wed Oct 20, 2010 5:02 pm

akumax


Arresto Menor
Question. I am a contractual employee of this agency and sent me to one of their clients. I signed a 3 month contract with bond of 100k, No training or whatsoever. they just stated that I have to pay the amount If I refused to fulfill the terms written on it. Terms are basic - work for 3 months, salary, observe client's rules etc. I've only been there for 5 days then I havent reported to work.

One item states that the contract is non-terminable EXCEPT for any reasons stated below or bu mutual agreement.

which are:
-Acts of God, civil war etc
-termination of the agency - client agreement
-performance of the employee in the client is poor
-illnes or accident of the employee with medical opinion for more than 30 consec days, the agency has the right to terminate the contract
-agency can terminate the contrct w/o notice in case the employeeis absent from the client for 5 or more consec days w/o justifiable
-employee shows insubordiantion/serious misconduct in the performance of the contract.

here are my questions:
1) is termination of contract same with void of contract?

2) it says the contract is non-terminable EXCEPT for the items listed, what if I took AWOL for 5 or more days can the contract be voided? I dont have to pay the 100k bond?

3) if any of those items listed above is satisfied, will the contract be voided?

4) is the 100k bond legal? i mean, there are no trainings or travel stated in the contract and I havent undergone any trainings and being scheduled for trainig and I am just a contractual for 3 months.

Hope to hear from you soon!
Thanks



Last edited by akumax on Wed Oct 20, 2010 5:08 pm; edited 1 time in total (Reason for editing : added text)

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2 Re: AWOL or not on Wed Oct 20, 2010 6:12 pm

njaniola


Arresto Menor
"1) is termination of contract same with void of contract?"

Termination of contract is not the same with void contract. The former refers to the mode/ events where the contractual ties is severed while the latter refers to an agreement which do not have the essential requisites of a valid contract (consent of the parties, object,cause).Termination of contract presupposes a valid contract. Void contract can be rescinded but cannot be terminated because there's nothing to terminate. It is neither enforceable nor can be ratified.

2) it says the contract is non-terminable EXCEPT for the items listed, what if I took AWOL for 5 or more days can the contract be voided? I dont have to pay the 100k bond?

No, the contract cannot be voided but may be terminated on the ground of breach of its term and condition.in this case you are the one in breached.

with regard to the 100k bond, it depends! If the same was used to guarantee for whatever damage incurred by your employer as consequence of your AWOL, then you are liable to it. however, it is not if the same only guarantees the employers property entrusted to you, like the proceed of your collection, if you are contracted as collector, as the case may be.

3) if any of those items listed above is satisfied, will the contract be voided?

Cannot be voided but may be terminated. Those items you are referring to are the events, the happening of which will warrant the termination of contract.The first one (act of God, civil war)is referred as "caso fortuito or fortuitous event". The second one (termination of the agency - client agreement) can only be effected bilaterally. The remaining conditions will warrant your employer to terminate the contract unilaterally.

4) is the 100k bond legal? i mean, there are no trainings or travel stated in the contract and I havent undergone any trainings and being scheduled for trainig and I am just a contractual for 3 months.

Generally, it is legal as incidental of the exercise of management prerogative. It is not a nature of payment because it will only guarantee employee's performance and it will be given back to you at the termination of the contract.

Lastly i will impart you this provision of law where it might be useful for you in entering a contract.

" A contract of employment is not an ordinary contract. It is impressed with public interest so its terms and conditions will yield to common good and if doubt arose it shall be construed in favor of the safety and decent living for the worker."

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3 Re: AWOL or not on Wed Oct 20, 2010 8:31 pm

akumax


Arresto Menor
Thanks for the response. I have another question based on your input:

" The remaining conditions will warrant your employer to terminate the contract unilaterally. "

If the employer does terminate the contract, what would happen next?
I may want to send you a copy of the contract and let me know what you think. Let me know if that is possible. thanks!

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4 Re: AWOL or not on Wed Oct 20, 2010 10:05 pm

attyLLL


moderator
you can search the forum for on the issue of employee bonds.


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5 Re: AWOL or not Today at 8:31 pm

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