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Bond Employment - Never Started

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1 Bond Employment - Never Started on Sat Oct 25, 2014 3:57 am

charmaineong1978


Arresto Menor
Hi,

I recently accepted a Job Offer in a company in Quezon City while waiting for my agency to call for a work in Dubai.

I have an Employment bond of 85k. I called HR last Wednesday informing them that I will no longer push thru with the company since the agency for a work in Dubai confirmed my employment status. I signed last Monday and I was supposed to report Friday but did not attend it.

HR called me back saying I will be paying the 85k bond for "liquidated damages".

Here's the excerpt from the Employment document I signed.

"In the event you withdraw your employment after signing this, but prior to your start date, you undertake to indemnify without need of notice the amount of 85k for liquidated damages".

1. Should I be held liable for the signed documents even though I never reported to work with the company?

2. What does "but prior to your start date" means?

Please help - I don't want to have issues with my agency for Dubai.

Thanks,

Charmaine

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2 Re: Bond Employment - Never Started on Sat Oct 25, 2014 5:09 am

council


Reclusion Perpetua
charmaineong1978 wrote:Hi,

I recently accepted a Job Offer in a company in Quezon City while waiting for my agency to call for a work in Dubai.

I have an Employment bond of 85k.  I called HR last Wednesday informing them that I will no longer push thru with the company since the agency for a work in Dubai confirmed my employment status. I signed last Monday and  I was supposed to report Friday but did not attend it.

HR called me back saying I will be paying the 85k bond for "liquidated damages".

Here's the excerpt from the Employment document I signed.

"In the event you withdraw your employment after signing this, but prior to your start date, you undertake to indemnify without need of notice the amount of 85k for liquidated damages".

1. Should I be held liable for the signed documents even though I never reported to work with the company?

2. What does "but prior to your start date" means?

Please help - I don't want to have issues with my agency for Dubai.

Thanks,

Charmaine

1. Yes. It's in the contract. Very clear.
2. "but before you actually start working with the company"

Even the Civil Code has something to say about it:

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 Re: Bond Employment - Never Started on Sat Oct 25, 2014 6:18 am

charmaineong1978


Arresto Menor
Thanks for the reply, Council.

Oh my.. I'll pay the whole 85k? what will happen if I don't pay them?

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4 Re: Bond Employment - Never Started on Sat Oct 25, 2014 7:07 am

council


Reclusion Perpetua
charmaineong1978 wrote:Thanks for the reply, Council.

Oh my.. I'll pay the whole 85k? what will happen if I don't pay them?

Yes.

For liquidated damages since they already spent for hiring you and they lost an opportunity to earn, and they lost the opportunity to hire someone else who could have wanted to work for them.

They can file a civil or collection case against you.

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5 Re: Bond Employment - Never Started on Sat Oct 25, 2014 12:10 pm

charmaineong1978


Arresto Menor
Thanks, Council.

Appreciate the replies.

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6 Re: Bond Employment - Never Started on Sun Oct 26, 2014 8:53 pm

attyLLL


moderator
IMO, 85K even if agreed upon, is too harsh a penalty.


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