Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Sign another contract from other company while currently bonded

View previous topic View next topic Go down  Message [Page 1 of 1]

skawt05


Arresto Menor
Hi Sirs/Mesdames,


I just want seek for advice. Currently I am employed, 6 months in the company but I haven't signed the regularization contract yet. Another company is offering me great packages which is really enticing since I will be allowed to enroll my parents in their HMO for free. I have already rendered my resignation  in my current company and they accepted it. They only provided me my regularization form during the time that I spoke to the HR of my plan of resigning. I have some questions since I am bonded here.

1:) I have already promised that I will pay the bond for the trainin that I took, will I be charged legally if I will sign another contract with the new company?
2:) Am i considered as a regular employee though I haven't signed the regularization form yet?
3:) I am baffled by these lines in my job offer docs.

Should your resignation from your employment or be terminated for just causes within the said two years period from completion of any training or certification, you shall reimburse the company the costs of such training or certification, pro rated in accordance.

Should your resignation or termination for just causes occur during your probationary period, you shall not be liable for any reimbursement of the company’s investment cost on the trainings and certifications.

Additional information, before or after the training that I took, should there be a document that I need to sign agreeing on the bond or is it already considered when I signed the contract?


Any advice will be highly appreciated.


TIA

View user profile

Jadis

avatar
Reclusion Perpetua
1. Yes, it is your undertaking not to resign within two years from the time you completed the training. It is the prerogative of the company to go after you legally, after all you signed the contract.

2. You were not terminated prior to the expiration of the probationary period or offered to undergo an extension of probation? You are a regular employee.

3. If you resign as a probationary employee or if they remove you for whatever reason stated as a just cause in the Labor Code, you do not have to reimburse them.

View user profile

skawt05


Arresto Menor
Hi, thanks for the response.

Does that mean that even though I promise to pay the whole amount through staggered payment, they (the company) has still the rights not to let me go? The amount is a bit high and I can only pay it every month. I am requesting to make a document that I will sign that I will pay the amount just to assure the HR that I will really pay it.

Do I have any rights to pay it full however via staggered payment?

TIA

View user profile

Jadis

avatar
Reclusion Perpetua
Nobody can compel you to work where you do not like to work, that is involuntary servitude.

However, the company has rights especially when under contract, you promised to pay the value of whatever they invested in you when you resign abruptly. This represents damages for your breach, and the opportunity cost - they had to forego another person who would have been loyal.

No, you have no right to demand that you pay the amount through installments if that is not written in the contract, the company can sue and demand from you the entire amount in one sitting, and it is only when they agree to a staggered payment that you can be able to.

View user profile

skawt05


Arresto Menor

Thanks for the immediate response.

I checked the job offer document that I have as I don't have a copy of the contract. It is stated here that I shall pay the full amount of the training if I resign but it was not stated here that it should be in one sitting.

View user profile

Jadis

avatar
Reclusion Perpetua
Well, the law presumes that obligation to refund is indivisible in that case. THE CREDITOR (IN THIS CASE, YOUR FORMER EMPLOYER) CANNOT BE COMPELLED TO RECEIVE PARTIAL PAYMENTS UNLESS IT AGREES.

View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum