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Breach of Contract - Training Bond

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1 Breach of Contract - Training Bond on Thu Apr 30, 2015 6:33 am


Arresto Menor
Good day

To start with,I'm working as a call center agent. im having problems with my previous compAny/employer (BPO). Ang nangyari absent ako for about a week kasi nagkasakit ako. I informed my supervisor and he told me to present a medical certificate.  Nag pa check up po ako sa doctor and I was advise to rest for a week. May medical certificate as requested. nung  bumalik na ako para magtrabaho. They won't allow me to enter the office/floor. Binigay ko yung med cert sa supervisor ko para ipasa sa HR Dept.  I waited for a few hours with their response and after that I was given a termination letter effective immediately. They did not accept my med certificate. Ayokong mawalan nang trabaho but wla rin akong magagawa.  I was informed by pursue pervisor that I'm gonna receive my last/separation pay along with my COE and yung 2316 form. All I need to do is to complete the clearance form (clear exit sa company).  I follow lahat nang steps nila and completed the clearance form with corresponding signatures for each Dept. I was told that they will notify me after 60 days to get my separation pay and the docs.

After 60 days, wla akong response nakuha from the company. Waited another 30 days then I decided to follow up.  Until I found out that the owner voided/withold my pay dahil sa training bond. They wanted me to pay the training bond for breach of contract kasi nag AWOL daw ako. I asked them na paano naging breach of contract na in the first place I presented a med cert.  I came to the office. Di ako nag AWOL but rather they terminated me. Walang masagot ang HR. He just told me kung anong last say nang owner wla siyang magagawa. HR Even gave me 2 options.  I can still get my COE and the form 2316 but no separation pay. And also wla na akong training bond na babayaran.  Next option is if im gonna pursue file a complaint, they will let me pay the training bond and pursue with a case. even  highlighted that the owner already attended a lot of hearings or cases with same issue and the decision will always be on the owners side..Simply saying na yung owner palaging panalo sa mga cases. Parang in a sense na tinatakot nila ako..

I decided to file a complaint sa NLRC kasi right ko yung separation pay ko...  Na tapos ang 3 hearings with the Arbiter. Di sila nakipag settle kasi daw breach of contract for the reason Nag AWOL daw ako..

I was advised to get a lawyer. For the next schedule for I think submission of position paper... Tapos na yung hearing. Lumabas na ako sa room. Lumapit yung representative nila na company Manager sa akin at biglang pinagsabihan ako na she wanted to give me a heads up. The owner will sue me for civil case, small Claim Case and even mentioned a big amount for me to pay.  

Sana matulungan niyo po ako kung anong dapat Kong gawin.. Salamat

Last edited by Toshiba123 on Thu Apr 30, 2015 7:55 am; edited 1 time in total (Reason for editing : Confidentiality)

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2 Re: Breach of Contract - Training Bond on Thu Apr 30, 2015 8:23 am


Reclusion Perpetua
ano palang nangyari sa case mo after ng hearing, meron ka ba nakuha?
anong civil case kamo?
wag ka matakot...
give latest development sa kaso..

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3 Re: Breach of Contract - Training Bond on Thu Apr 30, 2015 9:01 am


Arresto Menor
After sa 3 hearings namin sa NLRC with the Labor Arbiter. Even the Labor Arbiter already explained to the other party that every employee has the right to receive his/her last pay. Kasi pinaghirapan ko yun at pinagtrabahoan. Pero Ayaw nilang ibigay. Ang reason nila kasi breach of contract. And yung last pay ko serves as partial payment sa training bond. The Labor Arbiter asked for the reason. Nag AWOL daw ako. Which the Labor Arbiter responded na hindi ako nag AWOL. They terminated me. Klarong klaro sa mga supporting docs. Ayaw nila makipag settle. Scheduled na kami for i think submission of position paper.. I dont know if it's the right phrase or word..

Biglang lumapit sa akin yung representative nang ka ilang party at Kinausap ako sa labas. Pinagsabihan ako na heads up daw. The owner will sue a civil case, small Claim Case daw. I think she's referring to a money claim. And she even gave me figures. Amount of money for me to pay. A huge amount of money.

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4 Re: Breach of Contract - Training Bond on Thu Apr 30, 2015 9:12 am


Arresto Menor
Well she's very convincing. Na tinatakot niya talaga ako. I'm just a regular person. Working to survive. And kalaban ko yung owner na no comment nlng. Ayoko na mag elaborate. Pagpalain sana siya nang Diyos.

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5 Re: Breach of Contract - Training Bond on Mon May 04, 2015 8:18 am


Reclusion Perpetua
as you have said, favorable naman ang case mo para sa yo.
so advice ,, tuloy mo lang,,
wag ka matakot, tinatakot ka lang,
next time na sabihan, ka, sagutin mo na wala clang grounds para sampahan ka ng kahit anong kaso..
at di ka natatakot..
yun nga lang pag nag escalate pa yan, need mo na ng lawyer..

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