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Employment bond without employer investment (no training or travel etc)

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Francisboi


Arresto Menor
Good day. My question is; is it still legal for employers to post employment bond even they are not investing a single cent for employee?

I know I did agree and signed the contract but now I am planning of leaving the company for so many reason that I would not elaborate. In the case that I file my resignation but did not pay for the bond what legal action will they do? And if they try to ask me to pay the bond is it a valid argument to say that they didn't invest anything for me?

Thanks po sa sasagot at mag aadvise.

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council


Reclusion Perpetua
strictly speaking the company invested time and other intangibles to hire you.

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betchay001


Prision Mayor
As you said, you signed a contract. A contract is binding between two parties.

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Francisboi


Arresto Menor
Ok, but my question is; if I ever pursue my resignation what legal action can they do to me?

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council


Reclusion Perpetua
Francisboi wrote:Ok, but my question is; if I ever pursue my resignation what legal action can they do to me?

Aside from whatever is in the contract, they can file a case to claim for damages against you.

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Francisboi


Arresto Menor
What damages are those? I dont see any damage done since they did not spend a single cent on me. But in case is it okay that instead of paying it in cash, just deduct it with my monthly salary plus 13th month pay?

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Lunkan


Reclusion Perpetua
Francisboi wrote:What damages are those? I dont see any damage done since they did not spend a single cent on me.
All startups cost the employer some in cash/money, because some introduction is needed to be done by someone.
Plus it take a while until new employees get used enough to routines and such to get good work results done.

If an employee quit after shorter time than expected, then that's a damage.

(That's why I find it very odd many Philippine businesses exchange GOOD employee too when contracts end! In my home country it's common to KEEP good workers "for ever" Smile (I started own business early, but my father and my eldest cousin were employee in same company almost from High school exam to retirement...)

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council


Reclusion Perpetua
Francisboi wrote:What damages are those? I dont see any damage done since they did not spend a single cent on me. But in case is it okay that instead of paying it in cash, just deduct it with my monthly salary plus 13th month pay?

The company may (for example) not have a budget for an immediate replacement due to an immediate (or incomplete) resignation period, thus may be forced to spend extra to find a replacement.

Yes, the company may deduct any amount you owe from your receivables.

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Francisboi


Arresto Menor
Thanks po sa mga answers.

Another question if for example hindi ko na comply yung bond amount even nag deduct na ng whole 2 month salary plus 13th month since the amount is huge. What type of case ang pede nila ifile against me? And ano ang pede mangyare sakin? Possible makulong?

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Francisboi


Arresto Menor
Hi, just want to have a followup question.

So I tendered my resignation already and they are already expecting me to pay the bond. In the case that I didn't pay the bond Im sure they will not release any of my documents like COE or backpay etc.

If they pursue on filling a case on me, can they claim the bond amount which is 300k without stating or giving proof of any damage. And I would not believe that 300k is worth paying just to leave them.

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thepoetsedge


Reclusion Perpetua
Francisboi wrote:Hi, just want to have a followup question.

So I tendered my resignation already and they are already expecting me to pay the bond. In the case that I didn't pay the bond Im sure they will not release any of my documents like COE or backpay etc.

If they pursue on filling a case on me, can they claim the bond amount which is 300k without stating or giving proof of any damage. And I would not believe that 300k is worth paying just to leave them.

Yes, they can since that was part of the original contract that you signed with them. Contracts, in general, have the presumption of being valid as between the two parties who agreed to its terms and conditions.

Review the contract again and state here in the forum what were the exact wordings used in the training bond part, so that we can ascertain as to what legal effects such stipulation has on you.

Assuming that there is enough proof of their claim on the employment bond, you are liable for that amount and they can file a civil suit for collection of sum of money in the courts. However, they cannot imprison you for any debt since imprisonment connotes a criminal case filed against you.

To get more legal advice, please go to the nearest Regional DOLE office and bring all the necessary paperwork regarding your employment and have it reviewed by them so that you can also be apprised of your legal options available.

Good luck on your situation.

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Francisboi


Arresto Menor
Thanks po thepoetsedge sa pag sagot.

Actually there is no training or valid reason for the bond. below are the excerpt stated in my contract. Kung titignan talagang luging lugi si employee.

At first wala naman talaga ako intention umalis sa current company ko. pero there are conditions prior to accepting this contract na hindi nila sinunod. like working schedule etc.

"You commit yourself to a service requirement of one (1) year from date of hire (November 2, 2015 – November 2, 2016). You further acknowledge that your signature on this employment contract unqualifiedly binds you to the provisions thereof. Consequently, any violation thereof (including backing out from employment), or in case you resign or are terminated for just causes, such as
but not limited to gross misconduct and insubordination, prior to the completion of the minimum one (1) year service requirement, you agree to pay the amount of Three Hundred Thousand Pesos (Php300.000.00), payable within five (5) days from the pre-termination of this agreement, without any need of demand from the company. Should the company be constrained to refer to a lawyer for any violation of the terms and conditions of this agreement, you agree to bind yourself to be liable for attorney fees in an amount not less than Thirty Thousand Pesos (PhpP30,000.00) and litigation expenses of not less than Twenty Thousand Pesos (Php 20,000.00)."

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Lunkan


Reclusion Perpetua
Francisboi wrote:Thanks po thepoetsedge sa pag sagot.

Actually there is no training or valid reason for the bond. below are the excerpt stated in my contract. Kung titignan talagang luging lugi si employee.

At first wala naman talaga ako intention umalis sa current company ko. pero there are conditions prior to accepting this contract na hindi nila sinunod. like working schedule etc.

"You commit yourself to a service requirement of one (1) year from date of hire (November 2, 2015 – November 2, 2016). You further acknowledge that your signature on this employment contract unqualifiedly binds you to the provisions thereof. Consequently, any violation thereof (including backing out from employment), or in case you resign or are terminated for just causes, such as
but not limited to gross misconduct and insubordination, prior to the completion of the minimum one (1) year service requirement, you agree to pay the amount of Three Hundred Thousand Pesos (Php300.000.00), payable within five (5) days from the pre-termination of this agreement, without any need of demand from the company. Should the company be constrained to refer to a lawyer for any violation of the terms and conditions of this agreement, you agree to bind yourself to be liable for attorney fees in an amount not less than Thirty Thousand Pesos (PhpP30,000.00) and litigation expenses of not less than Twenty Thousand Pesos (Php 20,000.00)."
Well. There is allways SOME training/introduction, because even if the new employee is very skilled, he need to get an introduction by someone and learn the customs the new employer company has, be shown where to be, where things are and such.
BUT if you have got very litle training, then you have signed a "slave contract" Evil or Very Mad
I don't know if the Philippines have any law saying it's possible a contract can be invalid if it favour to much the part which wrote the contract text. (My home county have such law). I GUESS the Philippines DON'T have such law because traditionaly there are many laws there protecting them with POWER instead of protecting the weaker part Evil or Very Mad BUT some fair laws have passed the parlament since the colonisation period, so perhaps such law is added. Ask DOLE if no one tell it here.

You HAVE signred a contract saying you have to pay 300 000,
and even MORE if you question it, so the company need a lawyer...

So I hope there is such law against to much unfair contracts.

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