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employment contract

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1 employment contract on Thu Jun 22, 2017 9:08 am

Sel 32


Arresto Menor
Good day po sa inyo. I hope someone can help me with my query. My brother signed an employment contract working as secondary school teacher in a private school but he is not happy because the work load is way too much from what they have told him during the interview so now he wants to quit his job but his fear is he was asked to pay 40,000 pesos for not continuing to work there. He only started a week ago. Can they sue him for not paying it?
In the Philippines, is there such 3 months probation that if the employee is not satisfied, he/she can leave the work with 1 week notice?
Any advise is much appreciated. Thank you in anticipation

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2 Re: employment contract on Thu Jun 22, 2017 10:44 am

Jadis

avatar
Reclusion Perpetua
1. Your brother has to read his contract again.

2.No. the probation period is for the SATISFACTION OF THE EMPLOYER, and not the other way around, unless an employer would be silly enough to place in the employment contract that the employee can leave without consequence if the employee is not happy in the workplace.

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john1889


Arresto Menor
Good day po! I am a butcher to this meat shop which is just a franchise. i just rendered my resignation letter and will effect on june 30 2017. I was hired last September 7,2016 and since then I never got sign any employment contract and my salary is just P430 only.my employer told me that day he hired me if its okay with me that my salary was just P430/day because he will be the one to give us food which is P50/day.I replied is that the minimum wage here in Quezon city manila? he did not answer so I said yes. I said yes because I am from a province which I was payed in with just P280/day. i was happy because of the salary compared in province. ever since my employer deduct my sss,philhealth and pagibig. just yesterday I went to sss to verify my contribution from September 2016 to present.just yesterday I went to sss to verify my contribution and I just found out that my employer just payed my contribution only from September to December 2016. so I talk to him just today I asked him sir how is my benefits? are they payed every month? my employer answered me " yes I payed them every month because If not I will be charged for not paying it monthly." then i replied " ah so you payed it every month then why is it there is no payment in my account since january up to now sir? i jusy knew it because i went to sss yesterday." my employer answered me (while smiling)"maybe because sss just dont update your account.because sometimes sss they update the accounts late." I replied ah gnun back sir. pakifollow up nlng po ulit sir salamat. and lastly I really intended to tell my employer about my 13th month pay I feel the need to tell him about it because I sense that If i won't be telling it to him, he may not give me my 13th month pay. I just knew it because my employer just can't buy just for a ball pen for us to use in doing reports.
Atty. my question is:
1. is it legal to hired a person to work without a employment contract to be sign?
2. how long will it takes for a person to be regular from a probationary period?
3. is it legal to pay a worker with below minimum wage in metro manila?
4. what legal action should I do in concern with my benefits?
5. how should I compute my 13th month pay? should I include the P50/day food allowance to the my everyday salary P430/day?or not?
Hoping for your help and advice.
Thank you do much!
God bless!

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4 Re: employment contract on Thu Jun 29, 2017 3:47 am

lukekyle


Reclusion Perpetua
1. yes
2. 6 months
3. no unless he has exemption
4. ask employer for a copy of his payments. it is true SSS does post it late.
5. yes you can include allowance

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5 Re: employment contract on Thu Jun 29, 2017 8:19 am

john1889


Arresto Menor
Thank you so much for the immediate reply. Atty I have some follow up questions to the numbers 2,3,and 5. for the number:
2 as an employee what can I do if my employer still keeping me on probationar? if you knew to your self that you are confidently to be regular and be raise your salary?
3. what are those exemptions?
5. what is the right thing to do if my employer does not include my P50/day food allowance to the computation? can I fight and demand the food allowance to be added to my everyday salary which is P430/day and be computed as P480/day for my 13th month pay? what is the nicest way to tell my employer about this ?
Again, Thank you so much for your immediate help, advice and reply..
More power!

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6 Re: employment contract on Thu Jun 29, 2017 10:16 am

lukekyle


Reclusion Perpetua
2. if the employer asks you to extend your probationary period you can either agree or if you refuse you can choose to discontinue your employement with them or they can stop your employemnt.
3. your employer can apply sa dole to be exempted sa minimum wage
4. just tell them that according to dole dapat kasama

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7 Re: employment contract on Thu Jun 29, 2017 11:05 pm

john1889


Arresto Menor
Thank you so much Atty for the help.God bless and more power.

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