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

Breach of contract

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

1 Breach of contract on Tue Aug 29, 2017 10:24 am

techno13astig


Arresto Menor
I am working as a nurse in a school, i gave my resignation letter a month ago but the school head told me that he is not accepting my resignation because it is indicated in the contract that my right to give them 30 days notice is already waived when i sign their contract. Now the school head told me that he will file a case againts me even if i am going to pay the nominal damage worth 50,000 indicated in the contract.
Q: when will be the best time to pay the damage? The head told me to bring the money immediatelly even my last day is on aug 31, 2017
Q: what kind of case they can file againts me? After paying the damage.
Q: is it my right to get my COE even i breach the contract?

View user profile

2 Re: Breach of contract on Tue Aug 29, 2017 10:32 am

lukekyle


Reclusion Perpetua
what is the nominal damage for according to your contract?
yes they should still give you a COE BUT walang deadline ang pagbigay nila ng coe and they can write sa COE na hindi mo tinapos ang contract

View user profile

3 Re: Breach of contract on Tue Aug 29, 2017 10:48 am

techno13astig


Arresto Menor
By signing your intent to renew/reapply you hereby expressly agree to serve for the entire academic year 2017-2018. Hence you hereby expressly agree that you shall not retract this letter of intent or withdraw your employment until the end of academic year by giving the school the requisite notice under art 285 A of the labor code, which by affixing your sugnature in the space provided you hereby expressly waive your right under the said article (signature)

You hereby aknowledge and agree that resigning during the academic year is prrejudicial and causes damage to the school and its students(signature)

In the event you leave your emploment without the written consent of the school, you shall forfeit all accumulated benefits and you may be reported to the PRC for unprofessional conduct. Provided, whether authorized or not in the event that you leave your employment within the school year. It is expressly agreed that you shall conpensate and/or be liable to the school in the amount of P50,000 representing nominal damages. (Signature)

Yan po nakasulat sa contract dpat kc may 1 2018 pa po tapos ko.
Khit po sna na waive na ung karapatan q mag notice nagsabi pdin ako tru letter of resignation kso they rejected it, khit gracefull exit man lang sna sa school kso di na maganda nging usapan at mag awol na lang daw ako.

View user profile

4 Re: Breach of contract on Wed Aug 30, 2017 3:30 pm

techno13astig


Arresto Menor
Up

View user profile

5 Re: Breach of contract on Wed Aug 30, 2017 3:48 pm

lukekyle


Reclusion Perpetua
so ano ang question mo?

View user profile

6 Re: Breach of contract on Wed Aug 30, 2017 6:05 pm

techno13astig


Arresto Menor
Q: when will be the best time to pay the damage? The head told me to bring the money immediatelly even my last day is on aug 31, 2017.
Q: what kind of case they can file againts me? After paying the damage.worst case po kc di daw po ako pwede magtrabaho pag kinasuhan nila aq totoo po ba un
Q: is it my right to get my COE even i breach the contract?

View user profile

7 Re: Breach of contract on Thu Aug 31, 2017 1:33 am

lukekyle


Reclusion Perpetua
1. judgement call mo na yun.
2. they can report you to the prc. if they win you may be stripped of your license. then you can't work in your profession.
3. technically yes, still your right but remember they can put on your coe that you breached your contract

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