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resignation with contract

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1 resignation with contract on Wed Dec 08, 2010 9:17 pm

zhike12mack


Arresto Menor
I've been signed in contract for my present employer for about 3 years as product research because I attended a training about how to make machining program but it was an introduction only. The contract states that I will use the training for production and share to my co-employee and also if I leave the company I'll pay the amount for training. Then after a 2 weeks they transfer me to another position as production planner. At now I'm not practicing the training I attended because the position is different to product research.

My question is, it is possible to void the contract if I want to leave the company?

The reason for leaving is I cannot longer take the management system and the way they treated employees. And also I'm concern with myself because the burden of presseure to me.

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2 Re: resignation with contract on Thu Dec 09, 2010 4:42 pm

attyLLL


moderator
there is no guaranteed way to get out of the contract. at best you can try to negotiate an exit without having to pay.


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3 Re: resignation with contract on Sat Dec 11, 2010 9:24 pm

zhike12mack


Arresto Menor
Eventhough I did not use that training the contract will still valid?

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4 Re: resignation with contract on Sun Dec 12, 2010 7:37 am

attyLLL


moderator
if you do leave, they might probably hold your salary and then demand that you pay the rest of the bond. ultimately, you will have to file a claim at nlrc.

if you resign, they may file a small claims case against you, then you can make that argument. unfortunately, the supreme court has ruled that it is unjust enrichment for an employee to resign within the agreed period, but the court has the power to review the agreement whether it is fair in the first place.

it is up to the company to utilize you and your training. failure to do so does not waive any of their rights. your defense is to show that you did not unjustly enrich yourself with the training. good luck.


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