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breach of contract???

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51 Re: breach of contract??? on Sun Apr 15, 2012 11:33 pm

attyLLL


moderator
yes, they can claim damages, but if you do not pay, they have to initiate a case against you.


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52 Re: breach of contract??? on Mon Apr 16, 2012 5:54 pm

mariellianne


Arresto Menor
Thank you attorney for your reply. I have additional question. It was stated in the contract that in case i breached the contract, i will have to say PHP 20,000 as for the damages. But i haven't started any trainings yet, will i be forced to pay the amount stated in the contract? Or can i ask them if i can pay them back the amount they spent for notarization of the contract? If i will be forced to pay them the 20k, can i asked for a period of time to earn that amount? I really cannot provide that amount right away. I need to know if i could pay lesser than the 20k. Thank you.

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53 Please help on Thu Apr 19, 2012 3:38 pm

nishie09


Arresto Menor
Hi Atty LLL,

I would like to seek for a legal advice if possible.

I’m a Registered Nurse and am currently employed in a BPO Industry as an Occupational Health Nurse or more commonly known as a Company Nurse. I only earn Php 10,000 per month (exclusive of Income taxes & SSS fees etc). I’ve been in this company for almost a year now and they haven’t given me any pay raises.

Moreover, I’m planning to get a part time job here in a different BPO Company in our city. I don’t know how to classify it if it’s a part-time job or just contractual. You only work for 4 weeks, 8 hours a day for 5 days. And after your contract ends, you’re no longer employed with that company. They pay is good since you earn Php75.00 per hour and is non taxable. I have already worked there before so I’m planning this summer to work there again, to earn extra income since I really need the money to finance my younger sister in entering College.

You see, I’m planning to have 2 jobs at the same time for a month and if in case, both of the companies that I’m working at are call centers (however with different positions). I’m concerned about that breach of contract thingy. Since my regular contract in my current company doesn’t state that I can’t have part time jobs. But, when I was still in probationary, the contract that I signed had indicated that I can’t have any outside jobs aside from my current job.

I haven’t signed the contract yet for the 2nd job that I’m planning to apply but I have already submitted my resume.

What alarms me is that they say I can be sued if in case I’ll get caught since it’s a breach of contract. Is it a criminal case or civil? What are the punishments that I have to go through? Will I get terminated from the current job that I’m in if in case they’ll know? Is it possible that i'll just keep is as a secret since it's just for a month of having 2 jobs?

I have many concerns that trouble me and I’m desperate for professional help.
I hope you could help me.

Thanks a lot!

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54 Re: breach of contract??? on Thu Apr 19, 2012 8:56 pm

attyLLL


moderator
nishie, that's dangerous. you'd be working for a competitor. i recommend you be forthright about this to both employers and inform them of your status. else one or both might fire you


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55 Re: breach of contract??? on Fri Apr 20, 2012 9:07 am

nishie09


Arresto Menor
Thanks for replying.
I'm concerned if I'll inform my boss, he'll not approve my other job even if it's just part time. =(
Anyhow my boss' nice naman and very understandable when it comes to things but at the end of the day, he's still my boss, his decision matters.
Do you think I should bring this concern to him and ask him na lang? will he get mad at me? Thanks again atty!

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56 Re: breach of contract??? on Fri Apr 20, 2012 12:16 pm

evilciao


Arresto Menor
hi sir
nagsign po ako ng probationary contract for six months (hindi ko nabasa). then, wala pa pong 1 week I decided na wag na ituloy yung work, sinabi ko po sa kanila then ini-insist nila na kelangan ko daw magbayad ng 20K php dahil nsa contract daw yung - "In the event the employee voluntarily terminate this contract of service or this appointment, a penalty of TWENTY THOUSAND PESOS (P20,000.00) shall be charged against the employee."
pero part sentence lang yun ng #4

(here's the exact paragraph)
article 1: Employment
section 1.3 General conditions of work
1. --- 2. ---- 3.----
4. The employee selected and sponsored by employer for familiarization/ training assignments with the technical collaborators or any institution in Philippines and/ or abroad. Employee will diligently and beneficially take part in such assignments. The cost of suh training including the travel fare and related expenses will be borne by the employer. AFTER THE TRAINING, employee is committed to serve the employer for a minimum of one (1) year. In the event the employee voluntarily terminate this contract of service or this appointment, a penalty of TWENTY THOUSAND PESOS (P20,000.00) shall be charged against the employee.

question
1. kelangan ko po ba talagang bayaran yun? di po ba babayaran lng yun kung may binigay na training sakin,when the company spends on it,
2. paki explain nman po ung number 4



thanks in advance!!

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57 Re: breach of contract??? on Sat Apr 21, 2012 5:51 pm

attyLLL


moderator
nishie, if he doesn't approve it, then you saved your job. don't risk it.

evil, please look up 'employment bond' at the forum


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58 Re: breach of contract??? on Tue Apr 24, 2012 12:45 am

nishie09


Arresto Menor
thanks atty LLL! =)

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59 breach of contract on Sat May 05, 2012 6:09 pm

zareenabohol


Arresto Menor
hi just want to ask my case. Iam a CHED scholar which was sent by a higher institution where i am currently employed. on the contract it states there that after finishing my scholarship i have to render a return of service in accordance to the years the school has required. ill be finishing my scholarship this year but the school is transferring me to another branch of their school which i think is far for me to work. can i file for a resignation?

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60 Re: breach of contract??? on Wed May 09, 2012 10:36 pm

attyLLL


moderator
what do you consider far? where was the previous and where is the new?


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61 Re: breach of contract??? on Thu May 10, 2012 12:33 pm

zareenabohol


Arresto Menor
in my previous sir it is only 15-20 minutes far from my place to the main campus..now it is more than am hour travel to their other campus from my place..is it a valid reason to resign? i have a family so i cannot rent a house near to the school. do i violate the CHEd Contract?

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62 Re: breach of contract??? on Sun May 13, 2012 9:50 pm

attyLLL


moderator
15 to an hour is not unreasonable. if it were a transfer to bikol or visayas and it's designed to make you quit, then that's unlawful. reassignment is within management prerogative.


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63 Re: breach of contract??? on Mon May 14, 2012 6:26 pm

zareenabohol


Arresto Menor
but it could lead me to be sickly since i've tried before to work in that far place and it made me over fatigue always.. i have an asthma and i cannot work in a far place specially if that would be an every day travel.. Can that be considerable enough?

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64 Re: breach of contract??? on Thu May 17, 2012 2:00 pm

jennemel


Arresto Menor
hi ATTY,
my employer in qatar gave me a vacation for 2mnths going to Manila last April 18 but my end of contract was May 17.they gave that date to go back again in early date to go ith them in Egypt this coming June.My family doesnt want me to go back anymore and as well my live in partner.Wer planning to get married this coming june.I called my employer in Qatar regarding this they were really mad I understand them.They told me to go back just to cancel the qatar resident permit because in the qatar law,they will not get a new maid if the permit still exist.my family and I as well are not to agree about this.I am afraid they might do bad on me.I hope you can help me on this.Thanks and more power!

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65 Re: breach of contract??? on Thu May 17, 2012 8:55 pm

attyLLL


moderator
zareen, imo, no. but raise and object. follow, but file a complaint the nearest dole office; they might relent.

jen, sorry, i'm not familiar with qatari law, but they can try to seek damages or blacklist you at poea


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66 Software Programmer on Thu Sep 06, 2012 5:46 pm

shini08


Arresto Menor
Good day!

I hope you could give me your take on the situation of my friend.

My friend is a programmer and got hired six months ago with an IT BPO. He already resigned with his former company when he signed his contract with them. In his contract, it is written that

"After the termination of his/her employment with the company for reason of resignation or otherwise, that he/she will not, for a period of Twelve (12) MONTHS thereafter, be engaged or interested, directly or indirectly either as principal, agent, employee or in any other capacity, with any competitor of the company. For the purposes of this clause, “competitor” is defined as any party with offices in Metro Manila, Philippines, which either a) provides Information Technology (IT) products and/or services or b) markets similar products and services to those marketed by the company. A breach of this provision shall hold you liable for whatever damages as may be determined by the company."

aside from this, it is also stated in his contract that:

"Employee shall disclose fully to the company any and all inventions relating to the business of the company or any of its client/s which employee shall conceive or make during employee's employment with the company, and all such inventions which employee shall conceive or make during the period of six (6) months after the termination of employee's employment with the company."

However, during the course of his employment, he was given a good offer from another company where he can be a part owner and now wishes to resign from his current company. He is even willing to pay the bond of 100K for him to join the other company. The problem is, the company he wishes to join is an IT company. On the part of the prospective employer, it would be risky for them to hire him because of the intellectual property clause of his current company. By virtue of being a "competitor", any programs or codes created by my friend for the next 6 mos will be owned by his current employer.

Considering that the person has been a programmer his whole life, it would be difficult for him to find a job with any IT company in his current situation. What can be the course of action he could make to get out of this situation without risking the products of his prospect company and at the same time free him from the obligation to not be involved with his current company's "competitor" based on the definition given by his contract?

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67 Re: breach of contract??? on Sat Sep 08, 2012 9:59 pm

attyLLL


moderator
my position is that a non-compete clause is enforceable. if he breaches it, the company will be within its rights to seek damages.


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68 Re: breach of contract??? on Wed Jan 09, 2013 10:03 pm

lenovos


Arresto Menor
advice lang po,this was about my previous employer, BTW that I was hired in thier branch in bicol and their main office is located here in Parañaque. I was hired December 2011 and signed a binding contract for 1 year. The work was stressfull and we're doing some works that we shouldn't be the one doing. And I quess you can consider that I'm under employed. 'Till after about 3 months(I think thats March 2012), I have a Depression. I missed my work and without leave, (I mean AWOL). It just after a couple of days before my mother able to sent a letter to our office, and a letter from my Psychiatrist, imforming them about my condition. I undergo treatment and Psycho therapy with my Psychiatrist for about a months. And in May 2012 my Psychiatrist said that I have Major Depressive Disorder. After that I never had any more communication with my employer. One of my co-worker only said that I was AWOL according to our supervisor. I have a copy of the contract, and there's something there saying like these;" If the employee initiates any act of leaving the company before 1 year of his/her employment, s/he shall pay Php 10,000...." my question is..Did I breach my contract? shall i pay that Php10,000?..this thoughs keep bothering me for a days Sad( I'm being paranoid again...plssss..help....

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69 Re: breach of contract??? on Thu Jan 10, 2013 9:33 am

stargazer


Arresto Mayor
the best thing you could do is to first talk directly with your employer. tell them about your situation and what happened to you during these absences.

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70 Re: breach of contract??? on Sat Jan 12, 2013 9:24 am

jelay


Arresto Menor
hello. i signed a 1yr contract in a private school and i want to resiGn beFore i finish my coNtraCt. they are threatening me that i must pay 50k or they will sue me. can i lose my license because of this? please help me.thankyou

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71 Re: breach of contract??? on Mon Feb 11, 2013 9:20 pm

jayr0624


Arresto Menor
good day sir..ask ko lng po if breach of contract yung employer nmin kung yung signed contract nmin states we start work on feb4th tapos they changed it to feb 25th...we want to know if we should get paid during the days na nakatenga kmi, kasi dapat yung 4th dapat nag umpisa nkmi ng work pero they changed their mind for some reason we dont know??..pls advice..tnx

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72 Re: breach of contract??? on Sun Feb 17, 2013 2:05 am

ella.12


Arresto Menor
good evening atty. I just want to know. I just signed a contract stating that I'll starting working for them in 2 weeks time. Is that contract already valid or is there anyway i can get out of the contract without violating any law? thank you so much.

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73 Re: breach of contract??? on Fri Apr 05, 2013 4:13 pm

lito.caponpon


Arresto Menor
Hi Atty,

I have signed into a pre-employment contract covering 2 years of employment which has training opportunities both local and abroad(Which defines the durations as DEVELOPMENTAL year). The contract is still in effect, they sent me to one of our overseas office with an assignment to develop my skills by exposing myself to actual field services. In this assignment, in my full understanding it is a Developmental and Nature, in contrary , I am doing actual works for this overseas office to generate profit for them and in return profit for Manila...and I am not not having any training which is formally for my skills..The critical part is that I am assigned to Hazardous locations where Hydrogen Sulfide is present like Oil Platforms- offshore...where the location itself and the mode of transfer is very dangerous in nature (ride on Helicopter, ride on barge then transfer the platform only by rope, if you slipped your grip, you are down on the deep water or hit the edge of the landing of the basement of the platform)....

My question, given the contrary of the assignment, can I request my employer for a recall out of this assignment? And if they denied and I insist myself out of it and decide not to do the works further...will they charge me of a Breach of Contract?

Note: I did not applied for the assignment and also the activities that are present in the mobilization and while on the platform was not discussed that I can argue before I leave Manila for this deployment.

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74 Re: breach of contract??? on Sat Apr 06, 2013 11:35 am

attyLLL


moderator
answered your other post


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75 Re: breach of contract??? on Wed Jun 05, 2013 7:33 am

Bobbybong


Arresto Menor
Hi attyLLL,

Meron po akong contract sa isang consulting agency. Hindi ko na po natapos ang contract ko sa kanila at ngayon po nasa AWOL status na po ako.

Nagpadala po sila ng letter sa akin na within 24hrs pa di ako tumawag sa office nila mag file sila ng administrative case sa akin.

Anu po ba dapat kong gawin?

Maraming Salamat Po

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76 Re: breach of contract??? Today at 6:52 pm

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