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Withdrawal of application/employment

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1 Withdrawal of application/employment on Sat Apr 30, 2016 1:29 am

Lolon


Arresto Menor
Hi Atty

I was hired in a company and signed the Job Offer and Contract then they provided the pre-employment requirements that I need to comply prior to my on-boarding. They have this promissory note which is part of pre-employment requirements. The promissory note states that I need to pay 1million pesos in case of violation of 2 clauses in company policies. I need to sign the promissory note and have it signed with 1 co-maker. The problem is, no one wants to sign as my co-maker. I asked the HR if I can proceed with my employment even without submitting the promissory note. HR replied that it is a mandatory requirement and failure to comply will delay my commencement date. Since no one wants to sign as my co-maker and this is a mandatory pre-employment requirement as per HR, I withdraw my application/employment with them since I wont be able to complete the pre employment requirments. Then HR got back to me and told to be ready to face legal consequences for withdrawing my application/employment, as per them I'm already bounded by the contract because I already signed them.

Please advise the action that I need to take in case they file a legal case against me.

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2 Re: Withdrawal of application/employment on Sat Apr 30, 2016 9:07 am

lukekyle


Reclusion Perpetua
don't withdraw, instead write them a registered letter asking when you will be onboarded.

Your contract is either effected already or still conditional. If they tell you that you will only be onboarded once you get a co-signer that means wa epek pa yung contract. If they tel you na you have to report na .... then you can't withdraw without the triggering the consequences.

Pero i would seriously advise you not to get in bed with this company since medyo mahirapan ka siguro mag hanap ng 1m na ibabayad

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3 Re: Withdrawal of application/employment on Sat Apr 30, 2016 9:35 am

Lolon


Arresto Menor
Ang start date ko po is May 19 supposedly and instruction po nila na isubmit lahat ng pre-employment requirements 2 weeks before onboarding date kaya inaasikaso ko napo 3rd week ng April. Nung walang gusto magsign sa promissory note as co-maker nag email po ako kng pwede ko ituloy employment ko without that promissory note, eto po reply nila

"Promissory note (Annex D) is part of our Mandatory requirements. Your date of commencement will be delayed unless this has been notarized. "

Since wala po ako makuha co-maker nagreply po ako sa email na hindi ko na itutuloy employment dahil hndi ko macocomply tong mandatory requirement at niretract ko na yung resignation ko sa current company ko dahil ayoko po ma idle.

I asked the assistance of DOLE, sabi po nila since hindi pa naman ako employed, wala pang employee-employer relationship so baket daw ako kakasuhan. The fact na hindi ko macomply yung pre-employment requirement only means na hindi ako eligible ma-employed sa kanila. Kng magfile daw ng legal case yung company, I need to seek a lawyer daw po kasi ang inaassist lang daw ng DOLE is yung meron ng employee-employer relationship.

Kapag nareceive ko po yung finile nila na case, pwede ko po ba i-counter yun?
What if manghingi po sila ng malaking bayad in case magfile sila ng breach of contract, ano po gagawin ko?

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4 Re: Withdrawal of application/employment on Sat Apr 30, 2016 9:52 am

lukekyle


Reclusion Perpetua
Lolon wrote:
Kapag nareceive ko po yung finile nila na case, pwede ko po ba i-counter yun?
What if manghingi po sila ng malaking bayad in case magfile sila ng breach of contract, ano po gagawin ko?

I dont see any cause for you to be able to counter sue. I dont think they will file a suit for breach of contract, as i said conditional yung contract nyo, if you dont meet the conditions hindi mag effect yung contract, so since walang contract, wala ding na breach

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5 Re: Withdrawal of application/employment on Sat Apr 30, 2016 9:56 am

Lolon


Arresto Menor
Salamat po sa feedback attorney.
Makakatulog na po ako ng mahimbing

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6 Re: Withdrawal of application/employment on Wed May 11, 2016 6:37 pm

Cyanangel0511


Arresto Menor
Curious lang po. If JO po ang nasign and hindi yung actual contract, pwede po bang makasuhan ng breach of contract yung employee?

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7 Re: Withdrawal of application/employment on Thu May 12, 2016 5:36 am

HrDude


Reclusion Perpetua
Cyanangel0511 wrote:Curious lang po. If JO po ang nasign and hindi yung actual contract, pwede po bang makasuhan ng breach of contract yung employee?

HINDI

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8 Re: Withdrawal of application/employment on Thu May 12, 2016 8:03 am

lukekyle


Reclusion Perpetua
Cyanangel0511 wrote:Curious lang po. If JO po ang nasign and hindi yung actual contract, pwede po bang makasuhan ng breach of contract yung employee?

As long as you signed it. It is deemed a contract between 2 parties. pwede kang kasuhan

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9 Re: Withdrawal of application/employment on Thu May 12, 2016 8:55 am

council


Reclusion Perpetua
You may be liable.

Civil Code:

Art. 1305. A contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service.

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.

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10 Re: Withdrawal of application/employment on Thu May 12, 2016 7:50 pm

Cyanangel0511


Arresto Menor
Salamat po sa reply. Ano pong possibility ang pwedeng gawin in case na hindi ituloy yung JO? Magrresign po ba kahit hindi pa nagsisimula sa work at kulang pa ang pre employment requirements?

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11 Re: Withdrawal of application/employment on Fri May 13, 2016 9:00 am

lukekyle


Reclusion Perpetua
Breach of contract. Just talk to them. Most likely if hindi mo macomplete ang pre employement requirements they will just let you go.

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12 Widrawal of signed jo on Sun May 15, 2016 12:39 am

Anonymous0116


Arresto Menor
Good am Atty. Is rescinding of a job offer appropriate when the reason stated was not true at all and without my consent? The true reason was because of intimidating reaction of my current employer who happens to be a customer of the company I was supposed to move in? Tnx

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