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

Resignation Issue vs Liability

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

1 Resignation Issue vs Liability on Mon Jul 20, 2015 1:59 pm

jmadridano


Arresto Menor
There is a clause in my contract with a certain company I work with now.

4. Termination of Employment

4.1 You acknowledge that **** incurs significant expenses in connection with your employment which includes recruitment, training, and for knowledge transfer regarding processes, procedures and skills necessary for work.
4.2 You need to appreciate the fact that **** encourages you to build a career with the Company, and to grow as an individual so as to meet the requirements of a growing organization. You also need to remain in our employment for a certain minimum period to avail of the training and development programs, in the form of formal plus on the job training that will prepare you with a meaningful career with ****.
4.3 Therefore in case you voluntarily terminate your employment with ****, by resignation you will:
4.3.1 Provide **** with 30 days advance notice of your resignation from employment. You cannot offset the notice period of your resignation against against any accrued leaves or pay cash in-lieu of the notice period.
4.3.2 If for any reason you are not able to completely serve the 30 day notice period, you agree to pay damages equivalent to 1 month of your most recent gross salary to ****.
4.4 Further in the unlikely event due to various unforeseen circumstances, you voluntarily terminate your employment with **** by resignation within 18 months from your date of commencement, you will also reimburse an amount equal to 2 month's most recent gross salary towards repayment of the expenses mentioned in paragraph 4.1.


I joined this company back in Jan 5 and got a position as a Team Lead. Immediately I was assigned to handle 2 different teams.
I had no issues with the workload and the working environment.
However after my regularization in July 5, i found out that our HMO only covers consultation only.
This got me worried that if ever something happens to me(medically), I wont have anything to help me.
This is when I decided to resign and render my 30 day notice.

Q: Ever since I joined the company I was never provided any training by them. Most of the knowledge and skills needed I got from the production floor and the help of the in house staff. (this company is a service provider to another company).
Am I still bound/liable to pay that reimbursement (4.4)?
Is there any work around to this type of agreement where I wont be liable for the bond?
Naturally my salary has been on hold, does the company have the right to take from my final pay the reimbursement mentioned in 4.4?

Kindly provide me with your expert advice regarding this matter.
Thank you in advance

View user profile

2 Re: Resignation Issue vs Liability on Tue Jul 21, 2015 9:58 am

Ernani


Arresto Mayor
Hi!


I have a series of questions?

1. When was the contract signed? Is it at the start of your employment or upon the end of your probation period?

2. Were you on probation?

3. What is the nature of your work? Can you state your daily and weekly routine?

Just this three questions for now.

Regards.


View user profile

3 Re: Resignation Issue vs Liability on Wed Jul 22, 2015 2:01 am

jmadridano


Arresto Menor
To answer:
1. It was Back in December 19. 2015 if I recall correctly.
2. Yeas I was on probation from my start date January 5, 2015 to July 5 2015.
3. I am a Service Desk Team Lead. My Company provides MSP (Managed Service Provider) to a prominent company.
Daily Routine:
Check Emails, Operations for the teams I handle.
Coaching, Reporting, and all other normal tasks for a Team Lead.
Weekly/Monthly presentations of how the team is doing are also within my scope.

View user profile

4 Re: Resignation Issue vs Liability on Wed Jul 22, 2015 10:36 am

Ernani


Arresto Mayor
Ganito pre. Kung wala namang significant na training ang binigay sayo, di ka dapat mag reimburse. Standard employment contract naman binigay sayo. Kung sakali mang mag rereimburse ka, pro-rated yun. For example, naka 6 months ka na, 12/18 na lang kung sakali i-rereimburse mo. Baka cost of hiring lang ang i-charge sayo kung sakali.

Matanong ko nga pala, bakit ka aalis? Factor din yan kasi kung sakali sa labor.

View user profile

5 Re: Resignation Issue vs Liability on Fri Jul 24, 2015 3:00 pm

jmadridano


Arresto Menor
Upon my 6 months, i found out that the HMO only covers consultation... 50k n nga lang ang coverage tpos pang consultation lang ang pwede pag gamitan. thats why I am pursuing a different company with a better HMO covergae

View user profile

6 Re: Resignation Issue vs Liability on Mon Jul 27, 2015 8:23 am

Azziar


Arresto Menor
Hi I am planning to resign from my job in december as I am moving back to our province. My contract states : Should you abscond or fail to render the 30 day notice, you hereby expressly authorized the company to deduct from any account payable to you at the time of this conduct or expiration of your employment the sum of PHP 350.00, as liquidated damages, for unexpired portion of the required 30 day notice.
*** not sure if this is just a training agreement because it is just 4 pages.

I signed the contract upon employment.
I am now a regular employee of this call center company.

I have heard from previous employees that they were told that if they go on immediate resignation they'll have to pay 350.00 per day...until 30 day period is completed...

please enlighten me. thank you.

View user profile

7 Re: Resignation Issue vs Liability on Mon Jul 27, 2015 11:18 am

council


Reclusion Perpetua
Azziar wrote:Hi I am planning to resign from my job in december as I am moving back to our province. My contract states : Should you abscond or fail to render the 30 day notice, you hereby expressly authorized the company to deduct from any account payable to you at the time of this conduct or expiration of your employment the sum of PHP 350.00, as liquidated damages, for unexpired portion of the required 30 day notice.
*** not sure if this is just a training agreement because it is just 4 pages.

I signed the contract upon employment.
I am now a regular employee of this call center company.

I have heard from previous employees that they were told that if they go on immediate resignation they'll have to pay 350.00 per day...until 30 day period is completed...

please enlighten me. thank you.

The LC allows the company to claim for damages if you do not render the completed 30 days.

And it looks like that is exactly what is in your contract.

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

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