I would like to seek your advise regarding our employee. He signed a contract from January 28 up to July 15 of the same year. The contract states that:
"In the event that the employee fails to finish the contract as agreed upon, the employee shall be subjected to pay damages resulting to his failure to comply, equivalent to the salary for the remaining period to which he was not able to complete."
By last week of April, he informed us thru telephone conversation that he intends to resign. We have advised him not to do so as he is still under contract until July 15 but he ignored it. His reason is he will be joining another Company. We asked him to submit a resignation letter, which he did, on his last day which was May 5. Now, upon computation for his Final Pay, it turns out that he still has to pay for the more than 2 months remainder of his contract but he is objecting to it and tells us that he will bring this matter to DOLE and that DOLE will be on his side.
Kindly advise on this matter.