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BREACHED OF CONTRACT

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1 BREACHED OF CONTRACT on Tue Jan 09, 2018 1:40 am

MESSIAH07


Arresto Menor
Hi,

Mag iinquire lang po ako regarding Breach of Contract.

Mako Consider po ba itong scenario na ito na breach of contract:

Isa sa mga pinirmahan ko sa company's compensation benefit ay ang pagkakaroon ng Medical Reimbursement of 7,000.00 pesos per annual. But upon checking sa aking Balance ay ginawa nalang ng company na 5,000.00 pesos only without any giving me a notification or whatsoever.



Last edited by MESSIAH07 on Tue Jan 09, 2018 1:41 am; edited 1 time in total (Reason for editing : changing the title)

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2 Re: BREACHED OF CONTRACT on Tue Jan 09, 2018 7:46 am

mikos23

avatar
Reclusion Perpetua
if this is true, yes possible breach of contract.

may copy ka ng pinirmahan mo? have you asked them about it (bakit bumaba?)

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3 Re: BREACHED OF CONTRACT on Wed Jan 10, 2018 6:45 pm

attyLLL


moderator
ask the company for an accounting and an explanation


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4 Re: BREACHED OF CONTRACT on Thu Jan 11, 2018 2:55 am

arnoldventura


Reclusion Perpetua
Yes, this is breach of contract. Try mo to basahin para mas maintindihan natin ang nature ng contractual agreements. Baka lang makatulong. https://www.alburovillanueva.com/contracts

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5 Re: BREACHED OF CONTRACT on Thu Jan 11, 2018 3:22 pm

ptofessional worker


Arresto Menor
Hi, may i ask how to deal with the demand letter. The company said na kelangan ko daw magbayad ng 100,00php kasi nag resign ako sa work and since di pa tpos ung contract ko sa kanila. May cash bond din na kelangan bayaran. Mahigit 1month na ung resignation ko pero di pa rin ako nakakaalis. And what is the scope of the no employer- employee relationship.

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6 Re: BREACHED OF CONTRACT on Thu Jan 11, 2018 10:47 pm

attyLLL


moderator
an employee is required to give a 30 day notice, after that he is free to leave. You can reply to that letter that you do not believe you are liable


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7 Re: BREACHED OF CONTRACT on Fri Jan 12, 2018 8:02 am

ptofessional worker


Arresto Menor
Oh. Thank you very much. But in the said contract naka inidcate na 3months dapat magrender sa kanila. Is it okay na umalis na ako bigla sa kanila? And if for rendering na ung work ko, entitled pa ba ako to attend their trainings and activities?

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8 Re: BREACHED OF CONTRACT on Fri Jan 12, 2018 3:29 pm

mikos23

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Reclusion Perpetua
3 months to render a resignation? are you a manager or executive?

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9 Re: BREACHED OF CONTRACT on Fri Jan 12, 2018 3:48 pm

ptofessional worker


Arresto Menor
Nope. Just a contractual worker. And by the way wala ding benefits ung company kasi walang employee-employer relationship pero ininform nman kmi before mag start.

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10 Re: BREACHED OF CONTRACT on Fri Jan 12, 2018 3:56 pm

mikos23

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Reclusion Perpetua
what do you mean walang employee employer relationship

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11 Re: BREACHED OF CONTRACT on Fri Jan 12, 2018 5:46 pm

ptofessional worker


Arresto Menor
During the time na pumirma kmi ang sabi wala daw employee-employer relationship, so di kmi kasama sa mga benefits nila

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12 Re: BREACHED OF CONTRACT on Fri Jan 12, 2018 10:47 pm

MESSIAH07


Arresto Menor
thank you so much sa mga nag reply. Appreciate your advice. Smile

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13 Re: BREACHED OF CONTRACT on Fri Jan 12, 2018 10:56 pm

MESSIAH07


Arresto Menor
Another scenario po if it is also considered as breach of contract: According sa contract na pinirmahan ko na ang location na dapat kung saan ako magtatrabaho is sa Calamba, Laguna. However, as the company's business is growing they decided na ilipat ang location sa ibang parte ng laguna din (Sta. Rosa Laguna). Meron ba ako na dapat idemand sa company since especially yung lugar na pag lilipatan ay hindi favorable sakin at the same time according nga sa contract ko na ang location ng aking work ay sa Calamba laguna. May rights ba ang company na basta-basta nalang irelocate yung place of work ng ganun-ganun na lang?

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14 Re: BREACHED OF CONTRACT on Sat Jan 13, 2018 7:43 am

mikos23

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Reclusion Perpetua
Yes the company have a right to relocate his business location.

MESSIAH07 wrote:Another scenario po if it is also considered as breach of contract: According sa contract na pinirmahan ko na ang location na dapat kung saan ako magtatrabaho is sa Calamba, Laguna. However, as the company's business is growing they decided na ilipat ang location sa ibang parte ng laguna din (Sta. Rosa Laguna). Meron ba ako na dapat idemand sa company since especially yung lugar na pag lilipatan ay hindi favorable sakin at the same time according nga sa contract ko na ang location ng aking work ay sa Calamba laguna. May rights ba ang company na basta-basta nalang irelocate yung place of work ng ganun-ganun na lang?

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15 Re: BREACHED OF CONTRACT on Sat Jan 13, 2018 7:46 am

mikos23

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Reclusion Perpetua
What contract did you sign?

employment contract (probationary / contractual / seasonal, etc)
independent contractor agreement?
freelance / consultancy?

ptofessional worker wrote:During the time na pumirma kmi ang sabi wala daw employee-employer relationship, so di kmi kasama sa mga benefits nila

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16 Re: BREACHED OF CONTRACT on Sat Jan 13, 2018 9:52 am

ptofessional worker


Arresto Menor
Contractual

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17 Re: BREACHED OF CONTRACT on Sat Jan 13, 2018 11:06 am

mikos23

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Reclusion Perpetua
I would assume its an employment contract with a fixed term since contractual ang sina sabi mo. Then there is an employee employer relationship. Unless specified sa contract mo na 3 months ang rendering ng resignation, you should only render 30 days as stated by law. also you are entitled to mandated benefits stated by law.

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18 Re: BREACHED OF CONTRACT on Sat Jan 13, 2018 11:25 am

ptofessional worker


Arresto Menor
Yes, stated sa contract ung 3 months, but the government benefits wala talaga. So kelangan ko ba mag ask ng lawyer since nagsend na sila ng demand letter sakin?

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19 Re: BREACHED OF CONTRACT on Sun Jan 14, 2018 11:14 pm

MESSIAH07


Arresto Menor
mikos23 wrote:if this is true, yes possible breach of contract.

may copy ka ng pinirmahan mo? have you asked them about it (bakit bumaba?)

yes I still have the copy of my contract. that I don't know why they decreased my medical allowance that is also my question and I need to find out why.. thanks po sa response.

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