Hi po sa lahat. I have look into lot of threads po dito and gusto ko lang po sanang maliwanagan sa case ko.
I was employed in an academic institution for 4 years as a trainer and I resigned last July 2014 due to lack of skill growth and I'm not happy on what I am doing an I am looking for a better job where I can work productively and earn better kasi I've been supporting my family.
Several months before I resigned, I did sign an employment bond kasi pina-attend kami ng manager ko ng instructor's conference which I believe na part siya ng job ko as a trainer and we didn't undergo any training kasi conference nga siya. Highlight of the bond is kapag nag-resign ako na hindi pa tapos yung bond is I need to pay TWICE the amount. What we did in that conference was raising our concerns, issues about the program that we are handling and hearing what are the updates and course of actions for the previous issues we've encountered.
Now, I am working in a BPO company and waiting for my regularization next month. I've been calling them in the past to have my documents such as Form 2316 and CoE pero hi-nold po nila kasi meron daw akong bond and they are computing for my last pay. I've been asking them na kahit yung Form2316 muna para lang maayos ko yung tax ko. I've called them few days back and they told me na nacompute na daw yung last pay ko and it turn-out na I need to pay kasi may bond pa ako.
During our conversation ng taga-payroll department, she said na I'll be paying twice the amount of the bond. I ask for computation but hindi daw po sila pwede magbigay kasi confidential daw yung document but she discussed it over the phone.
Overall, ang nangyari sa computation niya is (LAST PAY + TAX REFUND) - ((BOND COST*2) + ID ) in total lumalabas na negative ako. Medyo concern lang po ako kasi yung tax refund na sinabi niya is worth around 4-5 months na withheld tax. Ibig po bang sabihin nito hindi pa sila nagremit sa BIR?
Here are my questions:
1) Is the employer allowed to issue bonds even if hindi personal training ang pinuntahan mo? If not, is there a possibility na maging null and void ang contract?
2) Is there any labor law that will stipulate the employee to pay double the amount of the bond cost?
3) Is the employer allowed to deduct the bond cost and the ID cost to my last pay?
4) Do I have the rights to request of computation of my last pay?
5) If given the chance to file a case with them though as much as possible I don't want to go that far if we could settle this, is there any chances that I will win the case?
What I'm thinking right now is I am not after with my last pay, gusto ko lang ng malinis na exit and have my documents and move-on.
I'll be heading to my previous employer next week to discuss this with them and I am hoping na maliwanagan po ako sa mga tanong ko para handa ako kapag nag-usap na kami. Sana po ay mabigyan niyo ako ng payo.
Thank you for taking your time to read my problem and hoping for some advice.