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Breach of Training Contract

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1 Breach of Training Contract on Fri Jul 28, 2017 12:07 pm


Arresto Menor
I would like to ask for legal advice regarding on the breach of contract done by my employer with regards to our Training Contract.

I'm currently employed to one of the Government Owned and Controlled Corporations (GOCC). I have passed last year one of the trainings offered by this GOCC for promotion. I have passed both the written and on-the-job training requirement by this GOCC. On July 15, 2016, we have signed a contract with our Human Resources Head to bind us with the obligations (financial and service) once we've completed the training program. The program ended on February 17, 2017 and no formal closure of the program has been given to us. Even until today (July 28, 2017). They've heard that the program is already dissolved because our new President do not agree with the program being implemented by our former Human Resources Head. We have conducted several inquiries to the HR to inquire on the status of our program and until today, they cannot give us exact status of our program. According to them, the program is already dissolved and the service and financial obligations we have signed in the contract are enforceable against us if in case we resigned from the company. We asked a copy for the notarized contract and they cannot give us since according to them the contract was not notarized but still it is binding and we still need to pay the financial obligations even the program was not successful. They failed to render to us the obligations that they promised to us in the contract. I'm planning to resign from this company but how can I do it if we need to pay our financial obligations (almost P300K) in the company due to the training and we need to render 1 year service obligation to it. I think its unfair on our part as participants because they failed to deliver to us the obligations they should give as stated in the contract. Can you please give me advice if my point of view is right that we (participants) should not be held liable since the company failed to render their promise to us as stated in the contract. What should I do to be freed from from this financial and service obligations?

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2 Re: Breach of Training Contract on Fri Jul 28, 2017 12:26 pm


Reclusion Perpetua
ask for a termination of the contract from them..

if they did not honor the contract then that's grounds for termination and they could not bind you to the said contract.

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3 Re: Breach of Training Contract on Fri Jul 28, 2017 12:59 pm


Arresto Menor
According to our program facilitator, the contract was signed by our Former HR Head so the contract is binding since there is acceptance on both parties even it was not notarized. According to our facilitator, we are really obliged to pay if we resigned prior to the end of the 1 year service obligation.

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