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Breach of Contract?

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1 Breach of Contract? on Sun Jun 28, 2015 1:10 pm


Arresto Menor
Hi, please please help me, badly need an advice, here's my story:
During recruitment process of company A, i was told i will only have 15% tax, upon negotiation, the recruiter insist that they have 15% tax only so malake ang take home pay kasi meron akong another offer from another company which is also has the same offer. So I choose this company A kasi maayos naman kausap ang recruiter, during signing of contract, i asked again kung wala ng ibang tax, and she said wala na, i read my contract, i was asked to signed 4 copies of it. Nag pa sign din ung 2307, which is according to the recruiter yun ang katumbas ng 2316, I know that ignorance of the law is not an excuse, that's why I asked the recruiter kung talagang 15% tax lang. We have that agreement and understanding upon signing the contract. Hindi niya binigay ung copy ko ng contract kasi sabe papa notarized pa daw but she commit na isesend ung contract ko throught email para may copy ako, but the day ends I didn't received an email from the recruiter. I asked the next day about the copy and I received it thag day also. I read again the contract and to my surprise may nakalagay dun na, may annual tax pa ako nababayaran and nag aagree ako na ako ang magbabayad nun, aside from the clause na, company A will deduct a withholding tax monthly, which is hindi ko naman nabasa upon signing the contract. so i think baka na miss ko ung clause na un, i texted the recruiter immediately stating, "hi, ask ko lang about sa tax? Namiss ko kaso sa contract, ako talaga ang magbabayad ng tax ko at hindi ang company A?" and she replied, "hi, automatic ma deduct ung tax mo, finance na ng company A na bahala dun".

So after 1 week of working to them, they gather us consultants, it's a meeting to discuss filing the annual tax, again, na surprise ako, bakit ako mag fifile kung sabe saken ng recruiter na wala na akong ibang babayaran na tax aside from 15%. And it's not just me, most of the consultants doesn't know that they need to file the annual tax. They were saying it ks stated in our contract which is in my contract, naka state nga. But I asked that to the recruiter which is sabe finance na ang bahala, then now, sinsabe nila na ako ang dapat maglabas ng pera. I agree thats the law, and willing ako naman ako magbayad, but my point is, the recruiter fooled me to sign to the contract. May habol ba ko sa company na to? I have a bond na kapag umalis ako na di pa natatapos ung year contract ko, e magbabayad ako ng 100k for damages daw, and it's 60 days notice period. Kaya ko ba silang labanan kapag kinasuhan nila ko ng breach of contract? Because for me? Nag breach din sila, like it was stated in my contract na dapat may mutual understanding what's in the contract which is wala na ako g babayran na annual tax. Please advice, thank you in advance.

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