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

Help Please does my contract state I have a bond?

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

labourlawsara


Arresto Menor
Hi Po

This is my employee contract is there anything here that states that I must work for the company for a full Year?

like a bond? They're making me pay 100K





I heard rumors that they were gonna fire me. but I decided to resign honorably with two weeks notice. but now they're angry and are telling me I have to pay a bond but don't remember signing anything with a bond.

Is there anything here legally binding to make me pay their violation fee?

View user profile

council


Reclusion Perpetua
Ask them about the violation and basis of the penalty.

View user profile http://www.councilviews.com

labourlawsara


Arresto Menor
the violation is I resigned before a full year. they say there is a bond in the contract.


What does a Employee Bond Look like ba?

View user profile

centro


Reclusion Perpetua
Your contract is for a year.  That is the one of the components of the bond. It is short of the contracted period thus violation in item 15 is invoked.
An employee bond in principle  is "employer hires you and prepares you for the job through training, certification etc in case of a technical related function."  Employer spends for you and can recover the cost only after a period of time.  If you resign before the contracted period, a value is set.  (In the case of employees handling cash of the companies like cashiers, salesmen, disers etc, they are required to post a cash bond to secure the company's financials in case of misuse.  This is refundable.)

However, some companies use the pro-rated employment bond e.g. how much is the balance cost I still have to pay having worked for you for long.
Some lawyers push their clients to ask for facts and figures like how much did you really spend for my training. Show me the receipts.
If you leave without paying the bond, the employer can withhold final pay, clearances, accumulated credits and worse file a case which can result in a hit in your NBI clearance.

Still ask around though.  Hope this helps.

View user profile

labourlawsara


Arresto Menor
okay understood.

but what about

#13 Notice Period

"In the event you wish to terminate your employment with *the company*, you are required to give a written notice for this purpose at least two weeks (10 working days) prior to such termination. you will be required to secure a clearance from * the company* with respect to monies and/or tolls and equipment owning to * the company* before gaining employment elsewhere.

I gave two weeks notice. is the bond still in effect? it states the contract is for a year but does not state I MUST work for the company for a full year. and they added that clause...so how does that work?

No monies or training were ever incured aside from the 1 week allowance of 1,000php to understand the system of the company,just by wataching and learning from a manager at another branch, just before hiring. which that I would gladly payback if mean for this to be over.

View user profile

labourlawsara


Arresto Menor
centro wrote:Your contract is for a year.  That is the one of the components of the bond.  It is short of the contracted period thus violation in item 15 is invoked.

"One of the components?" Is there enough components for them to force the violation?

and for a contract that supposed to state a bond. Is the language allowed to be so vague?

sorry all I have are questions.

Greatly appricate all and any answers

Thank you

View user profile

attyLLL


moderator
in my opinion, as long as you followed the notice period, there is no basis to charge you a penalty.


_________________
[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

Sponsored content


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