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Formal Resignation with Contract Bond Final Pay

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jolly0706


Arresto Menor
Hi guys i would like to know if my company did the right thing legally after my employment. I was hired April 12, 2016. I send my resignation letter last July 06, 2016 and my supervisor received and read it the same day. My last day of employment is August 12, 2016. My manager and supervisor acknowledged the reason of my resignation. As a matter of fact they also give me the acceptance letter for the reason of my resignation. I already finished my clearance and exit interview, they just said that i just have to call after 2 weeks for further details about my final pay check. Now here's the thing, i have 4 month - contract bond and i am fully aware of it. When i called my previous employer they said that my final pay was denied by hr because of not attaining the number of working days in my contract bond. I am fully aware that i wasn't able to comply about the bond, but i am under the impression that i will get at least a small portion of my final pay, which is i think they will deduct the number of days that i missed in the contract bond to my final pay, but instead i got nothing. My question is, does my previous employer did the right thing, denying the release of my final pay?.

To give you a further insight, this is what is being said on one portion on my contract regarding the bond.

"If you terminate your employment with the company or are dismissed within four months after the start of training ('The minimum stay period'), you agree to reimburse the Company immediately for the cost of your training in the amount of 25,000 php without need of demand. You authorize the company to deduct the said sum of 25,000 php from any and all sums of money and/or salary accruing to you (final pay). Furthermore, it is understood that the difference, if any, between the said sum of 25,000 php and the sum actually deducted from your salary will be immediately due and payable by you to the company without the need of demand."


Can you guys please explain it further? Because it is not properly discussed with us during the contract signing. Is it legal and just to the labor code of Philippines imposed by DOLE?

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lukekyle


Reclusion Perpetua
how much ba dapat matanggap mo sa final pay?

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council

avatar
Reclusion Perpetua
Strictly speaking lagpas na ng 4 months (or 120 days, until Aug 10) ang employment mo - so your bond should not be enforceable anymore.

However, if it were enforceable, and you final pay is less than P25K then you still owe the balance to the company.

The contract is binding as you signed it and there was no force or intimidation. If there was something that was not clear, you could have clarified it further before signing.

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jolly0706


Arresto Menor
council wrote:Strictly speaking lagpas na ng 4 months (or 120 days, until Aug 10) ang employment mo - so your bond should not be enforceable anymore.

However, if it were enforceable, and you final pay is less than P25K then you still owe the balance to the company.

The contract is binding as you signed it and there was no force or intimidation. If there was something that was not clear, you could have clarified it further before signing.

Hindi po sya sinabi at closed na ang account ko sa online payroll namin. Whenever i asked they just said denied ang backpay ko and thats it. Gusto ko lang malaman kung paano binbayaran yung 25k? Prorated ba yun based sa number of days i missed in my contract? or simply i need to pay 25k kahit na ilang days nalang naman?

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jolly0706


Arresto Menor
lukekyle wrote:how much ba dapat matanggap mo sa final pay?

Hindi ko po alam eh. Closed na kasi account ko i cant check it online and they are not providing any help. 25k po ba talaga dapat kong bayaran eventhough ilang days nalang? Or prorated dapat? Thanks

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lukekyle


Reclusion Perpetua
yes if kulang ka sa 4 months then buong 25k ang dapat bayaran technically kahit kulang lang ng 1 day. but as council said according to what you stated parang naka 4 months ka naman

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jolly0706


Arresto Menor
lukekyle wrote:yes if kulang ka sa 4 months then buong 25k ang dapat bayaran technically kahit kulang lang ng 1 day. but as council said according to what you stated parang naka 4 months ka naman

Got it. Thank you so much po. Smile

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