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End of contract but binding cost still effective

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bryezkhy


Arresto Menor
Good day Guys,

itatanong ko lang po sana kung ano magandang move para sa case na ito.

Kasi yung contract ko nag-end last Nov.1 ngayon sabi ko sa agency na napasukan ko, hindi na ako magpaparenew ng contract, kaso ang sabi kasi nila sa akin yung binding cost ko daw ay hanggang Nov 2, 2016 pa. lumalabas tuloy na sapilitan ang pagrenew ng contract ko kung hindi daw babayaran ko ung bond. kaso hindi ko na nagugustuhan yung trabaho dahil dun sa agency, every 6 months ang renewal ng contract so parang lumalabas na hindi kami mareregular employee tas below minimun na kami for 8 months, although ang job position namin sa ngayon ay trainee pa lang.

Ano po ba ang magndang gawing action? thanks in advance

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attyLLL


moderator
if the contract was designed by them to end every 6 months then imo, you no longer have any accountability to them once it is ended.


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bryezkhy


Arresto Menor
attyLLL wrote:if the contract was designed by them to end every 6 months then imo, you no longer have any accountability to them once it is ended.

So ibig sabihin sir kung ang nakasaad na date for example is from May 2 2014 to Nov 1 2014, kahit may nakalagay na "you are bond with the company until nov 2 2016." hindi na po ako liable to pay the said bond?

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rain quinto


Arresto Menor
Hi Good day, I worked in a private school for six years. Lat June, my contract expired. I wasn't able to have my clearance because they are asking for too many requirements. It is stated in the contract that if I will not be able to have my clearance they will hold my last month salary. I agree with that. However, is it legal that they will also hold my thirteen month pay though it is not stated in the contract. I need your help please.

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attyLLL


moderator
bryezkhy, yes. the bond (even assuming that it is valid) is only a security for the main contract which is the employment contract. once that is over, the bond has no more basis


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attyLLL


moderator
rain, i recommend you file a money claim at the nearest dole office to sort it out. let them justify why they should hold any money payable to you.


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rain quinto


Arresto Menor
They are asking all the required papers. I understand that it is my responsibility. What I am after is, my 13th month pay. If my 13th month is part of those that they will hold. I didn't received my last month salary. Is my 13th month should be hold too??? Or am I entitled to receive it, without clearance.

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council


Reclusion Perpetua
rain quinto wrote:They are asking all the required papers. I understand that it is my responsibility. What I am after is, my 13th month pay. If my 13th month is part of those that they will hold. I didn't received my last month salary. Is my 13th month should be hold too??? Or am I entitled to receive it, without clearance.

you have to be cleared first before you get your money.

for example if the company owes you 10k in salary + 15k in 13th month, but you owe them 20k, it would be difficult for them to claim the difference from you.

the money is there, and since you admit it's your responsibility, just comply with the requirements and you will get all your money.

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rain quinto


Arresto Menor
I follow your advice sir, I prepared all the required papers. It is ready for submission. I texted our HR officer, I asked her if I can comply with their requirements so that I can be able to get my last salary and 13th month pay. I told her that all their required papers are already accomplished. Her reply is " Nag recall kami na dapat bago matapos ang contract nyo nagcomply na kayo para magamit nung in service, kung ngayon hindi na pwede asyado nang late."

There is no written document or any supporting documents with regards to their claim. They allowed some of the teachers to comply last September. My ccontract ended last May 2014. What should I do?

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attyLLL


moderator
your recourse is to file a money claim at dole or nlrc


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rain quinto


Arresto Menor
what if i am no longer interested with the money, i am only concern with my certificate of employment and ayoko na din po sana na may liabilities pa sa kanila..... baka kasi habulin pa nila ko, eh sila na naman ang nagsabi na hindi na ko pwede magclearance... ang kinakatakutan ko lang po ay iyong habulin pa nila ko...

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rain quinto


Arresto Menor
I asked them din po kung pwede ko na idispose yung papers na requirements nila khit nakaprepare na, sabi okay na daw. but i dont have plan to do that..

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Greetings!
Sir, Ask Ko lang po kung ok lang ba na ilagay sa COE ung competetive clause na bond ako for 6 months and may amount pa na 200,000 pesos na babayaran ko if magtry ako na mag apply to the same industry with my previous job?
Sana po ay matugunan nyo ang aking katanungan..Maraming salamat po.. Smile

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council


Reclusion Perpetua
emelyn_borje@yahoo.com wrote:Greetings!
Sir, Ask Ko lang po kung ok lang ba na ilagay sa COE ung competetive clause na bond ako for 6 months and may amount pa na 200,000 pesos na babayaran ko if magtry ako na mag apply to the same industry with my previous job?
Sana po ay matugunan nyo ang aking katanungan..Maraming salamat po.. Smile

Yung clause na yun ay nasa kontrata mo so kung hindi naman sya pinagbabawal ng batas, hindi naman din bawal ilagay.

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