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Can I still withdraw after signing Job Offer?

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1 Can I still withdraw after signing Job Offer? on Thu Dec 10, 2015 10:39 pm

RCharles11


Arresto Menor
Good Day Everyone!

I would like to ask for your legal advise about my current status in employment. This is the scenario:

I have signed a Job Offer and a Non-Compete and Confidentiality Agreement from Company A last December 5, 2015 on which starts my official work by December 7, 2015.

On this day December 10, 2015, I have received a Job Offer from a Company B which satisfies my needs now and within the future.

My question is, can I still withdraw my employment in Company A considering I have signed their Job Offer and the agreement? Also, they have booked me a flight to Manila nextweek for a training.

Your feedback will be a best help. Thank you so much!

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HrDude


Reclusion Perpetua
I will not consent to your decisions but for argument's sake, since you only signed a job offer and not a contract of employment, you are within bounds to deny an employment and/or employment contract and accept another instead.

However, since you were booked a flight already, for your sake, tell the company to cancel the same so that the company may not incur expenses on your behalf. They may use this to file a case against you. Tell them beforehand that you are no longer pursuing employment with them.

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RCharles11


Arresto Menor
"I will not consent to your decisions but for argument's sake, since you only signed a job offer and not a contract of employment, you are within bounds to deny an employment and/or employment contract and accept another instead."

There is a document named "Probationary Contract of Employment" which I have signed.

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HrDude


Reclusion Perpetua
This is NOT a job offer. This is already an employment contract and you are bound by the terms and conditions of such contract. I assume that you have started working for this company since December 7. Hence, all legal remedies against you can be used by the company.

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RCharles11


Arresto Menor
Thank you for the helpful feedback. However, that is the whole page of Employment Contract and It has nothing mentioned about the bound of employment of if you will withdraw from it. Am I right?

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HrDude


Reclusion Perpetua
Here's the thing. Even if your contract is in a single page, you are still bound by it. Yes, your contract is silent as to withdrawal. However, all employment contracts are govern and scrutinized by the Labor Code. Hence, if you withdraw and not report for work, you will be deemed AWOL and can be terminated as such.

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council


Reclusion Perpetua
RCharles11 wrote:Thank you for the helpful feedback. However, that is the whole page of Employment Contract and It has nothing mentioned about the bound of employment of if you will withdraw from it. Am I right?

You are still bound by law -

Civil Code:

Art. 1315. Contracts are perfected by mere consent, and from that moment the parties are bound not only to the fulfillment of what has been expressly stipulated but also to all the consequences which, according to their nature, may be in keeping with good faith, usage and law.


Labor Code:

ART. 285. Termination by employee. - (a) An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one (1) month in advance. The employer upon whom no such notice was served may hold the employee liable for damages.

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