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Do I need to pay bond?

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1 Do I need to pay bond? on Fri Oct 20, 2017 11:58 pm

adelaine


Arresto Menor
Hi,

I need help on understanding a certain part of my employment contract. Here is the paragraph:

"The employee agrees and undertakes to render service to my company for a period of at least one year from the time of his arrival in the Philippines after his assignment with the partner company. In the event that he shall resign before the expiration of this one-year period, he shall submit a written resignation notice to the Management of at least one month prior to the effective date of resignation. However, the management has the prerogative to define the effective date of resignation. This is to allow reasonable time necessary for actions and preparations in relation to the employee's resignation. Failure to comply with the provisions of this paragraph shall make the employee liable to the company for liquidated damages in the sum of ______."


I came back to PH on Sept 20, I filed a written resignation on Sept 25 indicating my last day on Oct 26. Am I liable to the said liquidated damages? If not and the company insist me to pay how can I counter it? Thank you in advance.


Also, no training is done on the said assignment with the partner company.

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2 Re: Do I need to pay bond? on Sat Oct 21, 2017 7:48 am

mikos23


Reclusion Perpetua
Yes you are liable to pay for damages.

Training doesn't necessary means sitting and listening to the lecturer, training could also be on the job, observing others do their work or doing the work of the one you are observing.

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3 Re: Do I need to pay bond? on Sat Oct 21, 2017 7:58 am

adelaine


Arresto Menor
It was for work and not training. The company also accepted my resignation letter with no extension asked.

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4 Re: Do I need to pay bond? on Sat Oct 21, 2017 11:26 am

mikos23


Reclusion Perpetua
Adelaine, to make my comment clear, here is to answer your queries on per question basis.

"I came back to PH on Sept 20, I filed a written resignation on Sept 25 indicating my last day on Oct 26. Am I liable to the said liquidated damages?"
- Is there any disagreement? you stated that management have the prerogative to define the effective date. If your management have received your resignation letter and doesn't have a problem with the effectivity, then you will not be liable to the said liquidated damages. If there is a disagreement, i.e. you stated 30 days in your resignation and they want a 60 days resignation, the answer is yes you can be liable for the liquidated damages.

"If not and the company insist me to pay how can I counter it?"
- I did not answer this cause it its self explanatory, if you are not liable, then why will the company insist you to pay?

"Also, no training is done on the said assignment with the partner company."
- when I wrote "Training doesn't necessary means sitting and listening to the lecturer, training could also be on the job, observing others do their work or doing the work of the one you are observing." its just comment/statement about the word training and I did not imply that you went to training in partner company.


hope this make it clear to you.

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