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Traning Bond... I need your help

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1 Traning Bond... I need your help on Wed Feb 09, 2011 4:18 pm

boredstudent


Arresto Menor
First of all, Id like to thank you for organizing forums that help
those in need of legal advice.
Some people just dont have any means or courage to go straight to talk
to lawyers and seek legal counsel...
Continue to become a blessing to others... Kudos!


For my story... It is the usual training bond and employee contract...

Ill just list the conditions im in.

1. I joined the company August 2, 2010 as a probationary employee for
6 months. I was under Sales, and they consider us Management Trainees
specifically reporting under the President.

2. The company let us sign a training bond for 1 year, amounting to 150,000.

3. Last January, 4 of us decided to resign, for many reasons.

4. The President told us that he was going to sue us for the bond we
signed. The thing is, there was no training done. The training he
considers is our employment stay with the company.

5. We don't have a copy of our bonds. We requested a copy from the
Legal Department in our company, but she said that having a copy is
not allowed. It was the President's policy.

6. I thought of a way out by violating the policy for attendance, but
unfortunately, the President noticed it and threatened me that he was
going to file legal damages against me. Since he knows that having
poor attendance would deem termination and then eventually escaping
the bond.

7. Now he (President) imposed a Memo that before the 4 of us could
resign, we need to refer 5 successful hires to the company before Feb
28. and we can resign immediately or else we need to finish the bond.

8. We just discovered that the company does not remit to SSS, but they
deduct it from our salaries.


Id like to seek advice on what I need to do. All of the conditions of
the Memo are unfair in our part. I dont have money to pay the bond
also.
As much as possible, id would not like to settle this in court, but it
would be slavery if i am to stay in this company till August.
When did resigning become illegal??

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2 Re: Traning Bond... I need your help on Wed Feb 09, 2011 5:08 pm

attyLLL


moderator
if no training was received then there is nothing to pay back.

you are entitled to resign by giving notice 30 days prior to effectivity.

if yo do continue with your resignation, then you can expect that they will not issue your last pay and clearance. you can not prevent them from filing a case against you, but you can certainly defend against it.


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3 Re: Traning Bond... I need your help on Wed Feb 09, 2011 5:38 pm

boredstudent


Arresto Menor
thank you for the reply Atty.

I also have another concern, as probationary, it was under my contract that resignation would take 60 days before effectivity, and upon regularization 120 days. Which would apply? They said I was regularized already.

Also, we had an external trainor that trained us. The amount of training would total 50,000 and there were 13 participants.

What should I do? is the training bond still applicable?

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4 Re: Traning Bond... I need your help on Thu Feb 10, 2011 6:54 pm

attyLLL


moderator
again, it is your right to resign with notice of 30 days. I would argue that those provisions are not valid.

you earlier said there was no training, now there is. still, the value of the training should equate to the bond.


_________________
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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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