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Training Bond Agreement for non-training travel

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happyplace


Arresto Menor
I am working in a financial institution here in Makati, PH and has been in the company for almost 2 years. As part of my employment is to do oversea travel to one of our link offices in the Pacific. In line with this, my company have provided me a training bond agreement (TBA) prior to my scheduled travel saying this is due to a training requirement. I have signed it knowing that this will be a formal training to be conducted in Sydney, AU. I did asked for some details about the training but they cannot provide even a training development plan for me, also they have only shared to me a travel guidelines and policy, with which the TBA and its criteria were not specified. I have agreed on a 12-month training bond prior to my travel to Sydney as they said this is part of the requirement, and thinking this will be a formal training overseas that’s aligned with my role as I am new to the company. According to them, if I will not sign the TBA, my travel will no push thru, so I did signed it to proceed with my business travel process.

After less than 2 weeks stay overseas, I have completed my travel, but disappointed that the real purpose of my travel was only to have a meet-and-greet meeting with my counterparts in another office. It was just recently that HR Assistants informed me about the TBA guidelines stating that training through overseas placement, regardless of the total costs incurred, should be exceed more than 2 weeks (14 days) to meet the bond requirement. I have raised this to my manager and confirmed with my Business Sponsor that, indeed, it was not a training-related travel. I have documented everything and requested it to be waived, but our division director have not agreed to provide exemption because, according to him, they need to put on papers that this is a training-related travel to get appropriate business approvals, and of the fact, that I have signed the agreement.

Can this be waived and should I be exempted from the TBA due to the following grounds?
1. My Sydney travel only lasted for less than 2 weeks, 12 days to be exact
2. That my oversea travel is not a training, I have documentation to prove this
3. It was misleading that they said that my travel is related to training, but what happened, it was not

Seeking your legal advice on this. Am I still bound with this Training Bond Agreement? Hope you can help me on the legal procedures.

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lukekyle


Reclusion Perpetua
It was just recently that HR Assistants informed me about the TBA guidelines stating that training through overseas placement, regardless of the total costs incurred, should be exceed more than 2 weeks (14 days) to meet the bond requirement. - is it a requirement? or a condition? Is it something the employer requires from you? If it is a requirement from the employer then it is their right to insist upon it or to waive it as they see fit.

I have documented everything and requested it to be waived, but our division director have not agreed to provide exemption because, according to him, they need to put on papers that this is a training-related travel to get appropriate business approvals, and of the fact, that I have signed the agreement. - what do you mean waived? you want to excuse or opt out of the agreement because you feel the employer did not fullfill his end?

What does the signed agreement state? Next time get everything in writing before you sign. If meron at any time nakasulat "subject to terms and conditions the company may impose" be wary na.

Whether or not you are bound by this TBA will depend on the TBA itself. But since it seems like its a big company with overseas affiliates, if i were to guess i would assume they made an iron clad agreement that the moment you signed you couldn't get out of it.

Still have the agreement reviewed. I hope you have a copy.


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happyplace


Arresto Menor
The TBA have conditions that need to fulfill in order to be covered by the bond agreement. It was then after my travel that they have explained the conditions. After learning the conditions and criteria of the TBA, I am requesting for an exemption due to the reasons that I have not met the criteria for their Training Bond.

What do you mean po? "If meron at any time nakasulat "subject to terms and conditions the company may impose" be wary na."

So, you mean that because I have signed the TBA, even i did not met the criteria of their bond policy, I still should be bound by it?

Thanks for the advice.

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ador


Reclusion Perpetua
1. You have to check the TBA itself and the TBA guidelines the assistants told you about.

2. There will always be workplace  politics.  Be mindful of this as you proceed. You may also want to do a pros/con or cost/benefit of being with the company.

3. Stay in touch with lukekyle. The guy is wise and obviously a practitioner.

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lukekyle


Reclusion Perpetua
yes, you have to check the tba kasi nga if YOU havent fullfilled them baka YOU are still liable under the terms of the bond.

What i mean to say whenever merong agreement na hindi naka specify yung specific conditions, like what you are saying na yung mga conditions were made known to you after the trip na, matakot ka na. kasi if hindi nakasulat yung conditions, pwede nilang baguhin ito at any time.

AGain refer to the TBA, generally if ikaw ang hindi nakafullfill hindi mawawala ang obligation mo.

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happyplace


Arresto Menor
It is the company who did not fulfilled the conditions and yet they still dont want to exempt me. According sa tba, i need to be on a formal training to make it qualified, pero wala nmang training n nangyari overseas. Also, according to the tba itself, the travel should be more than 2 weeks/14 days, but mine is only 12 days.

They did not explained to me na may ganung training policy yung company before my travel because in the first place, hindi rin aware ung department namin n may ganun travel bond criteria. I have tried to request for an exemption because of the above. But they dont want it waive for a simple reason na because I signed the tba.

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lukekyle


Reclusion Perpetua
again refer to the tba. if nakasulat dun yung mga "conditions" then you may consider the training bond null and void. if wala dun and ang naksasulat dun is "company policy" then you're out of luck

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happyplace


Arresto Menor
Yes, nakasulat sya dun sa tba and it is not a company policy. Thanks, lukekyle. Getting clearer now.

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