Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Bond Contracts + Unfair Performance Appraisal

View previous topic View next topic Go down  Message [Page 1 of 1]

1 Bond Contracts + Unfair Performance Appraisal on Fri Oct 22, 2010 3:55 am

helpless


Arresto Menor
I need help.

I was sent abroad, supposed to be for trainings. I have accumulated three bonds. I didn't have any issue in the beginning because I was confident with the company and I did not plan on leaving.

However, due to changes in management, my circumstances also changed. I have been experience unfair performance evaluations.

The company had recently conducted a realignment. I was hopeful this would be on my favor. Knowing my credentials (I have gained credits in MS studies; with more than 5 years of experience; and I was part of the R&D team in my previous job). I have also delivered significant contributions to the company. To my surprise, I was only considered an entry level engineer. Whereas, a lot of engineers got promoted (in my own assessment, I have better credential than the others).

I asked my superior how I was evaluated and why I was only considered an entry level engineer. This has not only to do on salary but on my morale as well. He explained that due to a previous conflict, my loyalty to the company has been in question.

before the alignment, we were required to submit a profile of previous achievements, employment, and educational background. our regular appraisal also has the following weights:
- performance (70%)
- attendance (20%)
- attitude (10%)

The attitude part is also subdivided into defined specific attitudes (i.e., initiative, delivery, innovation, decision-making, etc.). Loyalty is not included.

Feeling that there is no longer equal opportunity between me and my employer, I am planning to resign. Here are some details of the bond contracts I have to face (I will be stating some points that I think are loopholes, please enlighten me if I understand them right):

1. I was sent to US for training. The contract says it will be Training A, but what I got was training B. Can this be a ground to disregard the contract? I did not get any certificate also on this training.

2. I was again sent to the US for training. But there was no actual training received. There were no time sheets recorded, no training attendance, no training certificate. But yes, I was in the US.

3. The contract said "machine Qualification and Training...". By the way, machine qualififcation means validating if a machine supplied by a vendor met our pre-defined specifications (this is work, not training). There was no training provided.

I feel that I have more than served the purpose of the company's investment. If at least one of the above bonds can be discarded, then I will have no problem.

Thank you very much. Any feedback will be appreciated.

View user profile

attyLLL


moderator
first, training bonds are not invalid per se, but to my mind, in order that a bond can be enforced, there should be an element of unjust enrichment, and the value of the damages incurred duly proven.

unjust demotion is considered constructive dismissal. if you were enjoying a previous higher rank and a certain salary, you should not be demoted and salary diminished on vague loyalty issues.

which would you prefer, get out clean or get back your previous position? either way, my recommendation is that you write to management of your position and your intention. if that doesn't work, legal counsel can represent you in dealing with management.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum