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Need help with this situation.

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1 Need help with this situation. on Mon Jul 04, 2016 12:56 pm

Kuyaez


Arresto Menor
Hello.

Last May nag serve aku nang 30 days for my resignation. This is what me and the employer agreed upon na mag render nang 30 days . Pagmumukain na lang daw niya nag train aku nang kapalitan para hindi aku makasuhan nang breach of contract dahil requirement daw maghanap at mag train nang kapalit for 30 days kapag gusto mag resign before end of contract. Nag shake hands pa nga e, pero walang written agreement. Rinelease nila ang last sahod ku pero ayaw aku bayaran for the 30 days na tinender ku for resignation kase pinagmuka lang daw nila na nag serve aku nang 30 days para walang breach of contract. They are threatening to file breach of contract pag pinagpilitan ku pa kunin ang sahod nang 30 days resignation ku kahit tapos na ang lahat lahat. What can i do?

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2 Re: Need help with this situation. on Mon Jul 04, 2016 2:08 pm

lukekyle


Reclusion Perpetua
Yes they can file breach of contract talaga but it will be up to the appreciation of the authorities if pagbabayarin ka and how much, although syempre naka reference whatever is written in the contract.
Yung sa salary mo for the 30 days you can file a complaint sa nlrc if ayaw nila ibigay.

So if you decide to file a complaint you get your 30 day salary = almost sure (unless they prove na absent ka or meron silang ibang reason) . They file a breach of contract case against you 50/50 yan. So you need to decide if you want to take your chances against their case.

Nakasulat ba kung magkano ang damages if ever?

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3 Re: Need help with this situation. on Mon Jul 04, 2016 7:38 pm

Kuyaez


Arresto Menor
It was not stated in the contract but i greatly fear that they will manipulate it because they never gave me a copy. According to some employees this happened with someone before, there was no amount written for damages but when they appeared in court the contract said she had to pay 50k in damages. They accepted my resignation letter and said they would pay me for the last 30 days to protect me from breach of contract pero nag iba nanaman ang sinasabi nila ngayon. They said they would not pay me anything for my last 30 days of work. This is miserable on my part because i get paid 330 pesos for working 11 and a half hours daily at ni piso walang hulog sa SSS. BIR wala rin. No hazard pay no nothing. i applied there because i was desperate , i did not know it was hell.

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4 Re: Need help with this situation. on Tue Jul 05, 2016 2:03 am

lukekyle


Reclusion Perpetua
the problem is if you dont have any proof in writing medyo tagilid ka sa part na yun.

for next time wag pumirma pag desparate unless sure ka you can tiis forever. but as they say walang forever

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5 Re: Need help with this situation. on Tue Jul 05, 2016 3:17 pm

Kuyaez


Arresto Menor
i never signed the contract, they never gave me a copy either..

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6 Re: Need help with this situation. on Tue Jul 05, 2016 3:23 pm

Kuyaez


Arresto Menor
already went to PAo as well as NLRC... i was told that if indeed there was a breach they should not have accepted the resignation in the first place. There was no due process on the part of the company... No demand for written explanation , no notice for AWOL and the fact that they let me render 30 days means there was no job abandonment acfording to PAo and NLRC office... nag refer na rin sila sa Legal services nang Sss.....

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7 Re: Need help with this situation. on Tue Jul 05, 2016 3:24 pm

lukekyle


Reclusion Perpetua
how can there be a breach of contract if you didn't sign one?

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8 Re: Need help with this situation. on Tue Jul 05, 2016 4:43 pm

Kuyaez


Arresto Menor
Exactly the point of pAO ....No such breach occured, told you it was hell.... What a relief , going to paO was a greeeeat decision ...thank you for the advice.

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9 Re: Need help with this situation. on Tue Jul 05, 2016 4:44 pm

Kuyaez


Arresto Menor
if in case my signature appears in the contract which i did not sign paO said i can sue them for forgery.

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10 Re: Need help with this situation. on Tue Jul 05, 2016 9:58 pm

lukekyle


Reclusion Perpetua
yes if they forged it, there will be grave consequences

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