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breach of contract???

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26 Re: breach of contract??? on Fri Nov 18, 2011 10:01 pm

vin valdez


Arresto Menor
Hi AttyLLL, I have a dilemma. I work at a local hotel in manila for 3 months now. Because of too much stress, I decided to quit and got another job offer from another hotel. It states in my contract that I should inform them 30 days before so I did inform the HR Manager last month verbally to start looking for my replacement but I only gave my resignation letter on Nov. 10, 2011 that my last day of work will be Nov. 30, 2011. I was absent for 2 days because I had to complete requirements for my other job offer. I got text messages from the General Manager that he will resort to drastic measures and take legal action against me. Can he do that? I'm pressured to work 12 hours a day which is not in my contract. Can I just not show up anymore? Please help. Thank you.

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27 Re: breach of contract??? on Mon Feb 06, 2012 2:34 am

raymund09


Arresto Menor
Atty ask ko lng po kc my contract aq s 1 company s pinas, with 7 years contract, nka 4yrs nq den ngkasakit at namatay mother q kung san nkautang aq s mga frends and relatives q ng mejo mlaking amount, den bgla aq inoferan ng company d2 s singapore, whch is k2start q p lng. So nag awol aq since pnbbyaran sken e 200k, I nided to visit pinas kc my importante aq aackasuhin, kaso nkreceive aq leter frm a law ofis n nided q daw byaran ung dati kong company ng 200k due 2 training, and f I failed daw e k2suhan daw nila aq, my question is mho2ld b aq s airport going back to singapore?

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28 Re: breach of contract??? on Tue Feb 07, 2012 9:10 pm

attyLLL


moderator
please don't use text spelling. inquire at the bureau of immigration.


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29 Re: breach of contract??? on Wed Feb 08, 2012 6:45 am

raymund09


Arresto Menor
Atty dapat po ba informed ka kapag kinasuhan kana ng criminal case due to breach of contract? At once nakasuhan na po ba eh enough na po ba yun para mahold ako sa airport? My letter po ba ako na dapat mareceive before or kapag nakapagfile na sila ng criminal case against me? My final notice ba dapat muna bago ako makasuhan?

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30 Re: breach of contract??? on Thu Feb 09, 2012 10:01 am

temestocles


Arresto Menor
CONGRATULATIONS! You are now part of, XXX Inc. You have successfully passed our employment requirements.

On your representation that you have the necessary qualifications and skills and that you are physically and medically qualified for the job you applied for, we are employing you on a specific term basis as ACCOUNTING CLERK under the following terms and conditions:

1. Your employment will be for a period of five (5) months only from May 11, 2010 to October 10, 2010. The company shall have the option of renewing or extending the period of this agreement on or before October 2, 2010 for such time as may be necessary. Moreover, the company reserves the right to suspend the effectivity of this agreement during times when there are no business operations or work therein, such as but not limited to temporary shutdowns to undertake repair or maintenance work, or to conduct inventory of stocks / materials.

2. You hereby agree to perform the duties and responsibilities assigned to you by the company. You further agree to abide by the company personnel rules and regulations, and it shall be your duty to study and know these by heart immediately upon employment. You also agree to refrain, during your employment with the company, from working for another firm or entity which employment shall be considered prejudicial to the interests of the company or which will interfere with the performance of your job, whether within or outside company hours, without the prior written consent of the company. You also consent to give immediate notice to the company of any claim, which you may have arising from this agreement, and to exhaust all available administrative remedies within the bounds of company rules and regulations before filing the same with the government entities.

3. At anytime during the period of this agreement, or any extension thereof, the company may terminate this agreement under any of the following situations, to wit:

a) If the company subsequently finds that you are not qualified, competent nor efficient in the above-stated position for which you are hired;

b) If your performance does not satisfy company standards;










c) If the company later on finds that you are physically and medically unfit for the job;

d) If you shall violate any of the company’s rules and regulations; and

e) If you commit a breach of the terms and conditions of this agreement.

The company further reserves the right to terminate your services at any time, even prior to the expiry of the term mentioned in this agreement, under circumstances and conditions recognized by law and jurisprudence on the matter.

4. Should you decide to pre-terminate this contract of services prior to its expiration date or violate this agreement in any manner, all monetary dues such as cash bonds and other benefits due you shall be forfeited in favor of the company as liquidated damages due to breach of contract. In addition, you shall be obligated to reimburse the expenses of the company for your training and development. Moreover, in the event that the company is compelled to initiate any legal action against you for the breach of this agreement, you shall be held liable for the payment of attorney’s fees and litigation expenses in the amount of not less than Fifty Thousand Pesos (Php50, 000.00).

5. You will render eight (Cool hours of work every day in accordance with the working hours of the company. You shall not perform any work outside of the assigned time or in excess of eight (Cool hours a day without the express written consent of the duly designated officers.

6. For each full eight-hour work, you will be paid in accordance with law.

7. The company shall not be responsible for any expenses you may incur in the execution of the duties of your position unless the duly authorized officers, prior to the incurrence of such expenses, duly authorizes the same in writing.

8. You shall be accountable for all the equipment, supplies and materials issued to you during your employment, which you shall immediately surrender to the company if requested during the employment period, or at the expiration of the said period whether or not requested.

9. This employment does not entitle you to vacation and/or sick leaves, separation pay, nor to any other benefit that is or may hereafter be granted to regular or permanent employees, except those which the company, as a matter of policy and upon its discretion, extends to all employees regardless of status.



10. You agree that all the records and documents of the company and all information pertaining to their business or affairs are confidential, and no unauthorized disclosure or reproduction of the same will be made by you at any time during or after your employment with us.

11. It is expressly agreed and understood that there are no verbal agreements or understandings between you and the company or any of its agents or representatives affecting this agreement and that no alterations or variations of the terms hereof shall be binding upon either party to this agreement unless the same are reduced to writing and signed by you and the company.









12. You agree that the venue for any action arising directly or indirectly from this agreement shall be brought in the courts and administrative agencies in the City of Cebu to the exclusion of all other courts and administrative agencies located elsewhere.

Your signature below in the space provided hereunder will denote your understanding and acceptance of the foregoing terms.

Very truly yours,


XXX INC.



By:


HR Officer



Noted By:



Manager

I hereby acknowledge receipt of the original of this letter-agreement and that I voluntarily and freely agree to all the terms stated therein. I further acknowledge that the entire agreement was fully explained to me in a language/dialect, which I understand.


______________________
Signature

______________________
Date
\---note: we were not provided a copy of this contract. all of us.

IS THIS EMPLOYMENT CONTRACT VALID?

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31 Re: breach of contract??? on Fri Feb 10, 2012 7:45 pm

attyLLL


moderator
except for no. 4, which is in my opinion, bonds are not valid, it's ok.


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32 Re: breach of contract??? on Sat Feb 11, 2012 10:21 pm

temestocles


Arresto Menor
thank you atty. Smile

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33 Re: breach of contract??? on Fri Feb 17, 2012 4:38 pm

itworker


Arresto Menor
Hi Attorney,

First and foremost, thank you for coming up with this website and for the free legal service/advice that you provide here.

I was recently offered a job in Makati, and I signed the employment contract. However 3 weeks prior to my start date I informed the employer that I am withdrawing my employment with them. I did not submit the pre-employment requirements.

The situation I am now in is that, the employer through their HR is telling me that me that it was a breach of contract. And, that I need to pay the bond (around 150K) for terminating my employment with them. They also sent me a letter signed by their company president that they will file damages around 5 million pesos.

My understanding is that the employment contract is not yet legally binding because I have not started working with them. They are insisting that I am already their employee during the time I signed the contract.

I feel that the company is trying to harass me. The damages (5Million) are also not stipulated in the contract.

I am a poor worker and have no means to pay the amount they are claiming from me.

Kindly advise me. Thank you.

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34 Contract of employment on Tue Feb 21, 2012 12:31 pm

james ryan


Arresto Menor
August 2010, I was hired as a Library staff but when I passed the Librarian Licensure Examination November 2010 I was promoted as a Head Librarian. I signed a contract of employment which in the No. 4 stated “The term of this contract shall be for the period of two (2) academic years, from July 01, 2011 to May 30, 2013. Subsequent renewal shall be at the sole option of the school.”

Now, I’m planning to resign for some reason. If ever they file a Breach of Contract against with me, what are the possible offense and the legal cost liable to me? One article I read about breach of contract and I quote “The affected party must prove that there is an actual loss so that they can demand for the recovery of the damages incurred. There should be proper identification of the specific term in the contract that was breached.” In my case, during I took my board exam and the seminar-workshop I attended, I paid all the expenses occurred.

Please a help me. There are big opportunities are waiting for me but I can’t move because of this contract. Thank you so much.



Last edited by james ryan on Tue Feb 21, 2012 12:38 pm; edited 1 time in total (Reason for editing : wrong grammar)

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35 Re: breach of contract??? on Tue Feb 21, 2012 3:41 pm

I have 2 years contract at telecommunication company of DSL Internet connection and my question is Do I need to pay the pre termination fee coz I pre terminate or terminate my DSL connetion just only 1 year of the said contract because due to low internet connection and every other day no internet coonection and cannot update my account and cannot process my rebate or refund so i decided to terminate my account.

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36 Re: breach of contract??? on Mon Feb 27, 2012 7:54 pm

jm17


Arresto Menor
ah atty 2lad din po ng other complain, nagsign din po ako ng contract for 2years and based on the contract if di ko ito matatapos i need to pay 100,000 pesos pero almost 1month pa lang po ako. pede po ba sila magfile against me? very stressful kc nung job kaya plan q ng umalis.

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37 Re: breach of contract??? on Wed Feb 29, 2012 7:43 pm

jm17


Arresto Menor
atty gudeve po. If ever po ba na hindi pa nppnotary ung aming contract then nagAWOL ako beore nila mapanotary ung contract pede pa din po ba nla aq makasuhan?
hope you will answer may question... thanks po.

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38 Re: breach of contract??? on Wed Feb 29, 2012 10:41 pm

attyLLL


moderator
i recommend you look up 'employment bond'


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39 Re: breach of contract??? on Tue Mar 06, 2012 8:27 pm

confusedcitizen


Arresto Menor
Hi Sir! I desperately need your advice. I signed a contract but after a day i changed my mind. The contract is for 5 years and if i violate the contract i will pay 100,000 per year. I got interviewed and then they won't let me leave until i signed the said contract. But after a day i decided I don't want to continue my employment. what am i going to do? I don't have the money to pay for that kind of amount. Please help.

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40 Re: breach of contract??? on Fri Mar 09, 2012 9:08 pm

attyLLL


moderator
same as above. look up employment bond


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41 Re: breach of contract??? on Thu Mar 15, 2012 11:55 pm

rcbern


Arresto Menor
Hello..I wish you could me please.I was signed a 3 year teaching contract in a private school. When they oriented me they said that the holidays and typhoons are also payable so I signed it. But we really shocked when there was typhoon and no classes, it was not payed!also at the middle of year they made our salary every day basis without consulting it to us. I planning to resign this March but my boss threaten me that I will sue for that. What should I do? and in the first place, is 3 year contract legal here in the phil?tnx so much

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42 Re: breach of contract??? on Mon Mar 19, 2012 11:00 pm

lost27


Arresto Menor
First of all I want to thank the creators and moderators sa forum nato, cause it helps a lot of people needing legal advice.


I am a programmer and employed with my current company for a year and 4 months already, I took the job because I was promised that they will give me trainings, thus those promised trainings never did happen and that is why I am so frustrated with my company. We were immediately deployed to work. Now I come to a decision to really give my resignation. My work is giving me so much stress.

These are some lines from my contract that I worry so much because it involves me paying a big amount of money.

1.) That the event of EMPLOYEE'S resignation or termination for reasons such as misconduct, inefficiency or violation of the company rules and regulations before the two years are completed, EMPLOYEE agrees to reimburse the minimum amount of 100,000 investment in the training and/or development of skills of the EMPLOYEE.

2.) That if and when separation of EMPLOYEE happens, amount shall be automatically accrued without need of prior demand by , and the EMPLOYEE hereby authorizes the deduction of whatever is due him at the time of his resignation or termination from .

Ang question ko po is:

1.) Meron po ba akong chance na ma terminate yung 100k na bond? Kasi po ala po talagang naibigay na training sa akin, sariling sikap lang po yung ginagawa ko para maideliver ko yung projects na ibinibigay sakin.

2.) May maibibigay po ba kayong payo sakin na paraan para hindi po ako makabayad sa company ko nang 100k?

Thank you in advance po sa mga tutugon sa problema ko.

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43 Re: breach of contract??? on Wed Mar 21, 2012 10:20 pm

attyLLL


moderator
same as above. look up employment bond in the search function


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44 Re: breach of contract??? on Thu Mar 22, 2012 1:34 pm

jayson21


Arresto Menor
good day..ako po ay trainee s isang company,my binding contract po ako for 2 years.kapag hindi po natapos ay may penalty na 75k.kaya lang po hindi manlang ako umatend ng anumang tranings o seminars..iniikot lang po ako sa ibat ibang department ng company..ngayon ay gusto ko na pong magresign,8 mos palang po ko dito..makatwiran po ba na bayaran ko ang 75k samantalang wala naman silang ginagastos sa akin??

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45 Re: breach of contract??? on Sat Mar 24, 2012 11:31 am

attyLLL


moderator
please read my answers above


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46 Re: breach of contract??? on Wed Mar 28, 2012 12:35 am

manlalaro


Arresto Menor
pag magreresign ka na po ba tapos nagstart ka na ng bagong work kahit hindi pa huling araw mo dun sa huling emplpoyer mo at ng pirma ka na ng contract sa bagi mong work. breach of contract po ba yun?

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47 Re: breach of contract??? on Fri Mar 30, 2012 7:28 pm

attyLLL


moderator
not finishing your notice period will entitle the employer to damages.


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48 Re: breach of contract??? on Sun Apr 01, 2012 1:29 pm

astro


Arresto Menor
Dear Atty.

My sincere thanks for providing a free legal advise for those who are in need.

I'm working here in the philippines in aviation industry. Before I got hired by this company, we underwent a special training for a period of 6 months. It was not stipulated in the contract the actual amount of the training, however a bind of 7 years period was indeed stipulated. Per previous batches who took the same training, the years stipulated in the contract was at least a minimum of 3 years bind, however, due to some circumtances, others went abroad after 3 years, the company extended the bond to 7 years without reasonable & juastifiable reasons stated in the contract. I have managed to get a copy of this training agreement with 3 years bond to the company and I've compared it to my training agreement with 7 years bond and after my review I found out that the content of the training agreement is the same except that this company change the bond of 3 years to 7 years.

Now, i filed my resignation due to job offer abroad which can secure the future of my family. The HR department wrote a memo stating that I need to stay in this company to serve the 7 years, as my reply to this memo, I am willing to settle my obligation amicably but HR department insisted that I should pay the whole amount of the training. In contrary there is no breakdown of the training costs in the training agreement which I've signed.

My questions:

1. Is the training agreement which has a 7 years bind legal? If it is illegal, under what law?
2. My resignation will take effect this coming week, yet the company is in hesitant to issue a clearance for me. They will issue the clearance if I'm going to pay the total amount of the training not in pro rata computation. Is it justifiable and reasonable for this company to charge me the total cost of the training?
3. Is this company has the rights to issue a hold departure order for me?
4. Is breaching of contract a civil case or criminal case?

Thank you so much and looking for your positive response.

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49 Re: breach of contract??? on Tue Apr 03, 2012 12:02 am

attyLLL


moderator
http://sc.judiciary.gov.ph/jurisprudence/2007/september2007/170928.htm

1) IMO, yes, it is legal
2) based on the almario case, yes
3) no
4) civil

the company will probably file a case to collect. fight it as best you can, and protect yourself by trying to keep assets outside the name of you and your wife.


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50 Re: breach of contract??? on Sat Apr 14, 2012 6:19 pm

mariellianne


Arresto Menor
Good day po,
I also would like to ask about my situation, march 27,2012 po nagsign ako ng contract as a teacher in a private school in cavite. The contract will take effect by june 1, 2012 to march 31, 2013. Now, a principal in our province told me that there's a vacant position for a substitute teacher which i am qualified. Considering that the latter has bigger compensation and it will make me see my husband and daughter in the province again, i called the private school to cancel the contract. However, they declined because according to them the contract was already notarized and it was already forwarded to the school lawyer.
Is it still possible to cancel the contract?
If not, can the school file a "breach of contract" against me for not pursuing the contract?
Please give me advice, thanks in advance...

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51 Re: breach of contract??? Today at 8:00 pm

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