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Validity of Training Bond Contract

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1 Validity of Training Bond Contract on Tue Jan 31, 2017 10:43 pm


Arresto Menor
Would like to seek your legal opinion. Below are the facts:
1. I am an employee and I was given a Training Bond Contract of my employer last August 2014. I signed the contract that states the following:
- FOREIGN TRAINING CONTRACT. In consideration of the grant/ privilege and acceptance of the GRANTEE to undergo on official time to attend: FACTORY ACCEPTANCE TEST from AUGUST 11-15, 2014, at (Foreign Country). The GRANTEE shall fulfill the conditions:
a) That Grantee shall keep up with the standards of the training grant.
b) That Grantee shall return to the Phils. and report to the office after completion of training grant.
c) That Grantee shall serve the (Name of Employer) for the period of three years.
d) That Grantee accepts/ receives the total training expenses to be defrayed by the (Name of Employer).
e) Should the Grantee fails to comply with the above conditions, though his Fault, willful neglect, resignation and other causes within his control, he shall be held liable and shall refund the total amount defrayed by the office including official time and period of contract as allowed by the office.

In lieu of the given facts. My concerns are as follows:
1) Before I sign the contract I was informed by my Employer that there will be a training in the said country. However, they did not further explain to me what the Factory Acceptance Test is all about. I really thought it is a real training that the company shell out expenses for "training" but in reality I went to that place to assist our regular client for the company's normal operating course of transaction. I was very disappointed because there was no hands-on training that was happened. I was misled by the title of the contract.
2) During my stay in the company I only received a salary increase once. I started end of 2013, then by 2014 I was bonded by the company, 2015 - I received a salary increase, after that years 2016 up to present - no salary increase. We do not have a grading system or policy for the increase in salary since my employer is only a sole prop and a small enterprise only. When an opportunity came to me to find a good job, I want to resign however, I'm afraid the company might shoulder me the expenses due to the 3 years bond (Foreign Training Contract). By the way my bond will end this coming Aug 2017, but I really want to leave the company now.
3) Can I leave the company? and tell them that there was no training that happened before and that I will not need to pay the expenses anymore. I am not fully aware of the legalities of this contract, thus I will really appreciate if you enlighten me. What are the chances, I can leave immediately and they will not mandate me to pay the expenses.
PS. The company did not give me the computation of expenses as well and they just gave me the copy of the bond contract last week though I asked a copy since 2014.

Hoping for your legal advise Attorney.

Thank you so much

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2 Re: Validity of Training Bond Contract on Wed Feb 01, 2017 12:43 am


Reclusion Perpetua
unfortunately for you hindi na define yung factory acceptance test. off course you can offer as your defense what you have said but parang dehado ka. weigh mo nalang. since 5 days lang naman the biggest expense will probably be the plane tickets. if you can afford to pay this then you can take your chances, if you cannot afford it i would advise you to just stay until your bond is finished.

I'm not saying you cannot win but before you take your chances it will be wise to consider the worst case scenario

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