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Contract Effectivity and Enforcement

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1 Contract Effectivity and Enforcement on Fri Jun 02, 2017 6:05 pm

omniconzai


Arresto Menor
Good afternoon po, hingi po sana ako ng legal advice sa inyo kung pwede po.
Nag-apply po kasi ako sa isang private school as teacher noong May 2, 2017 at pumirma ng kontrata sa kanila good for 1 year noong May 19, 2017. Nakalagay po sa kontrata na sa June 15 ang effectivity ng contract.
Nung May 29, 2017, lumabas ang result ng mga pumasa sa public school bilang public school teacher na nag-apply noong February-March 2017. That result was released by Deped. Unexpectedly natanggap po ako as public school teacher.
Noong May 30, 2017, nagresign po ako sa private school na inaplayan ko and sabi sakin ng principal ay magbabayad daw po ako ng 50,000 pesos dahil sa Breach of Contract. Nakasulat po kasi sa contract na kapag umalis during the effectivity of the contract from June 15, 2017- March 30, 2018, ay magbabayad ka ng 50,000 pesos for damage. Sinabi ko po sa kanya na, "Bakit po ako magbabayad ng 50,000 pesos eh sa June 15 pa naman po ang effectivity ng contract." Reply nya sakin ay, "Kasi nakapirma kana sa contract at nasubmit na namin sa aming lawyer pra matatakan. Once na makapirma ka, khit sa June 15, 2017 pa ang effectivity ay magbabayad ka na khit na magresign ka before the effectivity ng contract."

Ang tanong ko po ay, magbabayad po ba talaga ako ng 50,000 pesos? Nagresign po ako before magsimula ang effectivity ng contract, noong May 30, 2017.
At kung may breach of contract po talaga dito at need ko magbayad ng 50,000 pesos ay, pwede pa po ba itong macounter or magawan pa po ng paraan by the use of law and legal documents bukod sa personal agreement ng both parties para hindi na po ako magbayad or at lease mabawasan ang aking babayaran?

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2 Re: Contract Effectivity and Enforcement on Sat Jun 03, 2017 1:33 pm

Jadis

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Reclusion Perpetua
I have to see the exact terminology in the contract itself.

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3 Re: Contract Effectivity and Enforcement on Sat Jun 03, 2017 9:55 pm

omniconzai


Arresto Menor
It's sad to say but unfortunately, I don't have a copy of our contract Sad
I do have an audio recording when our principal said, "I can leave the school and go to public school but I will pay 50,000 pesos," recorded that day when I resigned verbally. Could you give me any idea about this Sir Jadis?



Last edited by omniconzai on Sat Jun 03, 2017 9:56 pm; edited 1 time in total (Reason for editing : quotation mark)

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4 Re: Contract Effectivity and Enforcement on Sun Jun 04, 2017 1:19 pm

Jadis

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Reclusion Perpetua
The effectivity of the the contract could be different from the time of performance that's why I wanted to see the exact terms.

The minute you signed the contract was a showing that you would present yourself in June to teach - on the part of the private school that means that your acceptance of the terms already ended their search for another teacher. By agreeing to teach for them, and by their acceptance of your qualifications you effectively EXCLUDED other hopefuls who would not have backed out the minute another opportunity came along.

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5 Re: Contract Effectivity and Enforcement on Sun Jun 04, 2017 2:43 pm

omniconzai


Arresto Menor
The contract say that if my performance aren't good like I disrespect someone, too many absences, do something prohibited in the school's law, they will kick me out.

I found someone who will be my replacement and if that person will be hired as my replacement, it could be a reason for cancellation and restitution of my contract right? That's our agreement though she said that she will see if she will still continue to file a lawsuit for 50,000 pesos breach of contract damage or just release my contract.

If she hired the person I will bring and be my replacement and proved that there's no damage in school matters, can she still file me a lawsuit for breach or contract or will it be an automatic cancellation and restitution of my contract? Thank you for helping me out Sir Jadis.

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6 Re: Contract Effectivity and Enforcement on Sun Jun 04, 2017 3:12 pm

Jadis

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Reclusion Perpetua
I am sure that is not the exact terminology i the contract you signed.

I am female.

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7 Re: Contract Effectivity and Enforcement on Mon Jun 05, 2017 7:58 pm

omniconzai


Arresto Menor
thank you Ma`am Jadis, the issue is solved. After I brought the person and hired it, the principal just said that I will pay the money they spent to me for our activity before. Thank you for your time and efforts for assessing my problem and try to help me. God bless you. I really appreciated it. Have a great eve Ma`am Smile Smile Smile

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8 Re: Contract Effectivity and Enforcement on Mon Jun 05, 2017 8:09 pm

Jadis

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Reclusion Perpetua
That is good. Let me give you some unsolicited advice

Next time it pays to think things through before making a commitment. Flaking out at the last minute because a seemingly better opportunity came along will not reflect well on your credibility. You would not want to have that reputation.

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