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breach of contract???

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1 breach of contract??? on Thu Jan 20, 2011 8:38 pm

azeihr


Arresto Menor
*hired june 2009 as teacher trainee
*signed contract march 25 2010, first time to see breach of contract:P400,000 for a 6 year contract.(1 year training, 1 year apprenticeship, 4 years SERVICE as payment for the training?)i asked if i may think about it before signing, employer just said "tapos na ang trainingm ngayon pa kayo magdadalawang-isip", did not let us go home without signing.

*training was Montessori system, though school unregistered in AMI, nor a training centre.
* i have not filed my resignation letter yet
*i havent been given my oroginal copy up to now
* i plan to resign on end of Feb,


*** will i really have to pay P400,000?
*** will this be enough to block a visa going to NZ?

Thanks a lot in advance!!!!!!! Sad

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2 Re: breach of contract??? on Thu Jan 20, 2011 9:13 pm

attyLLL


moderator
to block your departure, a criminal case has to be filed against you. i do not believe one would prosper.

the school can initiate a collection case for damages against you, but they will have to prove the value of their training makes the supposed cost of P400,000 reasonable.

note that there have been previous rulings that these arrangements have been held valid, but as i said it should be shown that the value of the penalty is reasonable.


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3 thanks so much on Sat Jan 22, 2011 4:35 pm

azeihr


Arresto Menor
i might receive my copy of the contract next week.. can the DOLE make it null and void? or can they do something about it that would enough to stop my employer from threatening me again and again? i really dont know much about this, so , if they do file a case against me because of the breach of contract i did, win or lose, it wont be a criminal case?? just really paranoid about this... thank you so much...

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4 Re: breach of contract??? on Sat Jan 22, 2011 4:51 pm

nate_iexist27


Arresto Menor
good afternoon.
I also have a similar problem as azeihr. I have been working as a part time faculty in one of the local universities here in manila. for five years now, the terms of my employment has been on a contractual basis renewed every sem.
last week, i was publicly humiliated by the dean. i felt really dishonored by the act that lead me to file my resignation.
i submitted my resignation yesterday which they recieved and signed. thing is, i got a text from a co-teacher telling me that the school will file a breach of contract against me.
My contract is about to end this March, but I have no guts to face my students after the humiliation. what should I do? pls help..

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5 Re: breach of contract??? on Sun Jan 23, 2011 9:54 am

attyLLL


moderator
azeihr, you cannot prevent them from filing a criminal case, but to my mind, it will not prosper. if they are harassing you, you can threaten them that you will file a case of unjust vexation.

nate, look again at your contract and see what it says about resignation.


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6 breach of contract on Tue Jan 25, 2011 8:18 am

j.mendros


Arresto Menor
I'm working in a languange center, my contract is valid for one more month but they don't want to give new batch of students. they're asking me to take a month off... What should I do? coz I know they're breaching the contract!if you have some insights please let me know..

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7 Re: breach of contract??? on Tue Jan 25, 2011 11:17 am

attyLLL


moderator
how is your pay determined? how and where is your work conducted? are you considered an employee with SSS, philhealth and tax deductions?


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8 Breach of contract issue on Mon Aug 01, 2011 10:08 pm

iamfrodo


Arresto Menor
Dear attyLLL,

Thank you for providing free legal advice for those who need it!

I've been reading your responses on breach of contract issues and they have been enlightening. I have a similar issue that I would like to consult to you.

I recently resigned from a sales/service company. I worked as a sales executive. I have only been with the company for 5 months. When I entered the company, they sent me to Makati and Dagupan for training. It is important to note that they have not spent anything for the training sessions and materials since they were given free of charge. I did not know that they were free until after I signed a contract/training agreement with them which stated that I am tied to a 2 year service contract with the company and that the expenses of the training were worth 20,000 pesos. It was also stated in the contract that if I fail to comply to the 2 year contract, it will entitle them to "damages equivalent to total actual cost/s identified to the specific trainings..."

After finding out that the trainings were free, I computed the actual costs and it was only about 9k.

I gave them a 30 day notice. They also held my 1 month's worth of pay and commissions to cover for the bond and other deductions.

A week after my last da, I came back to follow up on my clearance. I was given the computation and they deducted 20k from my final pay which reduced it to about 1,000 pesos. They also asked me to sign a quitclaim before they issue my final cheque. I didn't sign the document and requested for a breakdown of the 20k training bond and receipts associated with the expenses. They were not able to provide receipts from the training provider.

My questions are:
1. Since the trainings were free and the actual costs they incurred were lesser than the amount stated in the contract, do I have the right to contest the amount stated in the contract?
2. Is this considered as fraud on their part?
3. I also asked the assistance of DOLE and we were scheduled to meet last week to discuss the issue of the 20k bond but they rescheduled. A former colleague of mine told me that the company was going to file a lawsuit against me for breach of contract. My colleague also said they were going to add more items on the original computation to make it appear that I would owe the company money. I have a copy of the original computation which indicates that THEY owe me my last pay and it's signed by them. Would they have the right to file a lawsuit against me on those grounds? Can I use the original computation to thwart their intention to file a lawsuit against me?
4. Will it be civil or criminal?
5. Will it be reflected on my NBI clearance?
6. What does it mean when you say the case "will not prosper"?
7. In your suggestion to file a case of "unjust vexation", what constitutes harassment?

I would really appreciate your reply on these questions. I don't want to have to go to court but if they decide to make it go that far, then I need to know what to do and what my rights and limitations are. Thanks in advance!

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9 Re: breach of contract??? on Tue Aug 02, 2011 2:20 pm

attyLLL


moderator
1) yes you can contest the computation, and you took the right move by filing a complaint at dole. it will depend on the evidence whether it was justified.
2) i would not consider it fraud
3) yes, the original computation is good evidence
4) civil (though it depends on what exactly they allege against you.)
5) unlikely
6) will not prosper means the case has no merit (in our opinion)
7) irritating you without just reason


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10 Re: breach of contract??? on Tue Aug 02, 2011 4:43 pm

iamfrodo


Arresto Menor
Hello again attyLLL,

Thanks for your prompt reply!
I have a few follow up questions, though:
1. When I went to DOLE and told them that I wanted to contest the amount of the 20k bond, they told me that I would have to present evidence that the company did not pay for the trainings. The company only indicated on the computation that 15k was spent on training modules. I have no means to prove that the company did not spend that much on training modules. However, the company is unable to produce the receipts associated with the 15k of training expenses / modules. Essentially, the DOLE representative said that I'm the one who needs to provide evidence. How can I provide evidence of their non-payment?
2. They intend to file a lawsuit for breach of contract against me, for not fulfilling the 2 year service contract and not paying the 20k bond. Is that civil or criminal?
3. Should I file an unjust vexation lawsuit against them or just threaten them with it? I read that the penalty for that is only up to 5k. I'm sure the cost to retain a lawyer would be way more expensive than that.
4. If they decide to pursue the case for breach of contract, how much will I be spending to retain a lawyer? Will you be able to take this case even if it is in Pampanga? I don't have any intention of going to court because 20k is a ridiculously small amount to be fighting over the court. But if they sue me, I definitely would need a lawyer.

Thanks again for your helpful advice! I look forward to your reply soon.

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11 Re: breach of contract??? on Thu Aug 04, 2011 7:17 pm

attyLLL


moderator
I do not agree with the Dole rep, because in labor cases, it is the company's burden of proof. you would have to file a complaint at nlrc.

it will likely be civil case.

i recommend you just threaten them with it because it is a very light case.

it might be better to get a local lawyer there.


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12 Re: breach of contract??? on Wed Aug 17, 2011 9:06 pm

cherubzy


Arresto Menor
hello!

My current contract with my company is for 3 months. it says in the contract that if i work less than 6 months, i will have to pay 3 months of the training fees, and if i work there less than 1 year, i will have to pay 2 months of the training fees. my question is: can i end my contract at 3 months (due to end of contract) without paying these fees?

also, i feel i was pressured into signing this contract because the HR informed me that i only had 20 mins to read and sign the contract because the orientation was that day, and the others newly hired candidates were just waiting for me to sign the contract to begin the orientation.

Thank you for your help.

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13 Re: breach of contract??? on Thu Aug 18, 2011 5:40 pm

attyLLL


moderator
i believe you can safely argue that when the contract ends in 3 months, it is over. i hope you have a copy.


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14 Re: breach of contract??? on Thu Aug 18, 2011 6:09 pm

rye_bill


Arresto Menor
Yung case ko binigyan kame ng 3 year-binding contract e mag-reresign na ako since may JO na ako sa ibang company na mas ok ang pay kase sa current company ko 3 years na ako di pa ako regular employee tapos that 3 year contract di pa din regular position although may increase na ako kaya napapirma ako at wala din ako choice nun. Ayun ngayun nag-file na ako resignation tapos dun sa 3-year bond na yun walag nakalagay na exact amount tapos when I ask our hr sabi i-cocompute daw yung dapat kong sswelduhin for the rest of the duration ng contract na di ko natapos which is 2 years pa since 1 year pa lang natatapos ko sa contract na ibinigay last year lang. Kung icocompute yun e sobrang laki halos kalahating milyon reasonable ba yung ganung contract? alam ko kase pag bond kelangan ginastusan ka ng company for training e since day one wala namang training na nangyare. Grabe kase parang gusto pa kumita ng company na 'to sa 'kin parang kahit pagsamahin salary ko since 2008 dito e mas malaki pa yung sisingilin nila sa 'kin...

Pano po kaya 'tong ganitong kaso ko?

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15 Re: breach of contract??? on Thu Aug 18, 2011 11:25 pm

attyLLL


moderator
I don't think that's reasonable. here are other threads on bonds: http://www.google.com/cse?cx=partner-pub-6855083666886697%3Aswhy8nr9q5q&ie=ISO-8859-1&q=bond&sa=Search


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16 Re: breach of contract??? on Fri Aug 19, 2011 10:15 am

rye_bill


Arresto Menor
problema po kase kung ico-compute yung sasahurin ko sa natitrang two years almost half a million ang babayaran ko bakit po kaya ganun bakit pinapayagan yung mga ganitong kontrata masyadong bias sa company kung tutuusin kikita pa sila sa akin kase wala naman silang pinag-gastusan sa kin walang trainings etc.

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17 Re: breach of contract??? on Wed Sep 07, 2011 12:37 am

lexie84


Arresto Menor
this is my case.. and I badly needed an advice...
I signed a contract for a year and for a good position...
but the company is not paying my SSS,my tax etc etc....
and they sent me somewhere, outside the philippines...and to have this what they call Cultural Immersion..it's part of my job but as I came to see it, they are not keeping what's in the contract.. It was stated there that I have to work from monday to friday at from 2pm to 8 pm..(but I usually work at 10 am to 9 pm)
And it's not included in the contract that I should teach English since hiring a foreign teacher to teach English is illegal.
I haven't finished the 1 year contract yet.. but I want to resign since they are not obeying what's written in the contract..
Questions:
1. Do they have the right to sue me since what they are doing is not proper?
2. What should I do?
3. It's not stated in the contract about BOND or anything... Will that be okaY?
4. How will you know if the company is really paying their taxes?
5. I have told some people in my company that I will resign but they are always reminding me about the contract. . . and then I will be going back to the philippines this month and will wait for 2 months without pay to get back to my job.. What should I do? please help thanks a lot ^^

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18 Re: breach of contract??? on Thu Sep 22, 2011 1:16 pm

melody


Arresto Menor
gud am, atty.

i hav been mployed as probationary for 5mos, i signed a contract w/ a 50k bond. in my 4th month, i decided 2 resigned, i xplained personally my reasons and turned over everything..and yet after 10 months of my resignation i received a demand letter, from that company..they want me to pay 50k as liquidated damages under the agreement/contract i signed with and they only gave me 10days to comply for it..if not,they will bring it at court.

admin staff lng po position q,fresh grad pa aq nun..

makukulong po ba aq atty?akala q po ok na ung resignation q,bkit aftr 10 mos pa cla ngreact?wat do u think i shud do?i dont hav 50k.

pls i nid to hear from u atty.

tnx

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19 Re: breach of contract??? on Thu Sep 22, 2011 11:42 pm

attyLLL


moderator
please look up the other threads on bonds.


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20 Re: breach of contract??? on Tue Oct 04, 2011 5:37 am

bonggabongga


Arresto Menor
good day attorney!
I'm a new faculty in a private school.After 5 months, I decided to resign from the school. I already passed a resignation letter saying that I will leave after 2 more weeks. My HR did not accept my resignation. After a few days, I learned that I should have given a 30-day notice instead of just 2 weeks. Now, I want to pass another resignation letter stating that I will leave after the 30-day notice.
1.Will that be ok if I will pass another resignation letter?
2.Is it also lawful not to report to school after this 30-day notice?
3. What should I do if the HR did not allow me to resign?

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21 Re: breach of contract??? on Wed Oct 05, 2011 6:48 pm

attyLLL


moderator
yes, make it an amendment of your previous letter to extend it to 30 days.

make sure you have proof of receipt of both letters. you can stop reporting after the 30 days.


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22 Re: breach of contract??? on Tue Oct 18, 2011 10:41 pm

bonggabongga


Arresto Menor
hi attorney..i have already passed my resignation letter stating that i would leave after the 30-day notice. Now, I still have 15 more days to render. My problem is that I had been absent twice within this 30-day notice due to sickness, but I texted/informed my coordinator about these absences and the said reason.. Is it considered AWOL? Will they file a civil case against me?

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23 Re: breach of contract??? on Tue Oct 18, 2011 10:49 pm

bonggabongga


Arresto Menor
Additional question:
"Will I still receive my salary in rendering the 30-day notice?"

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24 Re: breach of contract??? on Wed Oct 19, 2011 8:15 pm

attyLLL


moderator
make sure you have a medical certificate to prove your illness. you should be entitled to pay for any days worked or with approved leave.


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25 Re: breach of contract??? on Fri Nov 04, 2011 8:32 am

bonggabongga


Arresto Menor
Good day attorney! When is the right time to get the last pay of a resigned employee? Is it really after 3 months? Thank you.

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26 Re: breach of contract??? Today at 8:01 pm

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