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Change of contract

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1 Change of contract on Fri Jan 29, 2016 1:57 am


Arresto Menor

I've been with my company for more than four months. A few days ago they presented us with a new contract which is very much different to the one we previously signed. Thing is, medyo pilitan yun pagpapasign kasi di nila kami binigyan ng chance to review everything and the HR was like 'Ito lang nabago dyan pirmahan nyo na' which as it turns out, is not the case at all. But me and my colleagues had signed it already when we get to see the whole thing.

Also, the contract was not stating that it is actually an amended one and is still dated 5 months ago, around the time when the original contract was presented. I would like to know if changing the contract midway is legal, and if it is not stated that it is the amended contract does it not void the original contract?

TIA sa sasagot.

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2 In my opinion on Fri Jan 29, 2016 4:17 pm


Arresto Menor
I believe that the employees have the right to review the whole contract whether they change something on it or not. Based from what you said they forced you to sign it ASAP, was already a no-no. You can ask them why they presented a new contract.

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3 Re: Change of contract on Mon Feb 01, 2016 11:46 am


Reclusion Perpetua
Hindi pwede yung ginawa ng employer nyo, and the contract that you and your co-workers signed is unenforceable.

Binago yung terms and conditions without you guys being able to peruse thoroughly yung mga panibagong stipulations sa contract. Bawal yun, kasi dapat naiintindihan nyo yung mga binagong nakasaad sa kontrata para magkaroon ito ng bisa. Yung contract na pinirmahan nyo ay pwedeng maconsider na CONTRACT OF ADHESION, meaning yung employer nyo lang yung may kapangyarihan na gawin yung terms and conditions ng contract at napilitan kayong pirmahan ito nang di man lang naiintindihan yung buong contract.

Ang ganitong klaseng contract ay di hinahayaan ng mga korte na maging valid, lalo na kung sapat naman ang ebidensya nyo na basta-basta lang pinapirma sa inyo ang mga contracts nyo.

Eto dapat gawin nyo: Keep a copy of your contracts or ask for a copy sa HR nyo. Pwede kayong lumapit sa pinakamalapit na Regional DOLE and humingi kayo ng tulong at payo kung ano ang dapat gawin sa employment contract na pinirmahan nyo na hindi naman nai-explain ng mabuti kung ano yung mga binago sa kontrata.

Good luck sa sitwasyon nyo, at sana'y mabigyan ng nararapat na kasagutan ang inyong problema.

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