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Waiving of Training Bond

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1 Waiving of Training Bond on Mon Mar 19, 2018 11:56 am

kingsley


Arresto Menor
Hi!

I was hired by a company to be a Lead Software Developer to do a support service for a client. The main problem is, the system that we have to support is not yet in operation and have been delayed from march to june this year.

Last august, the company sent us to Sweden to participate in "Testing" the system and gain knowledge and get to know the stakeholders. They had us sign a "Training" Bond for this purpose.

Since I was hired, I have not done anything related to either being a Lead nor have written even a single line of code as a software developer. I raised this issue last December with our managers and gave them time to improve my situation. Unfortunately, they have not done anything and due to the delays of the project, the situation is not getting any better.

So I received an offer to work in Singapore with a good position and something that I know I can practice my skills. I filed my resignation and it will be effective on March 30.

I need advice if the bond can be waived and does it make sense to have a lawyer for this? The bond is 125K and would like to know if there is a chance it can be waived. Thank you!

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2 Re: Waiving of Training Bond on Mon Mar 19, 2018 12:53 pm

Patok


Reclusion Perpetua
Have you talked to your boss?

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3 Re: Waiving of Training Bond on Mon Mar 19, 2018 3:36 pm

kingsley


Arresto Menor
yep, i did. pero mukhang walang silbi..

can this we waived with the fact na hindi naman training yung pinuntahan namin dun kundi project work? it was also billed to the client and not paid for by the company.

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4 Re: Waiving of Training Bond on Mon Mar 19, 2018 5:36 pm

attyLLL


moderator
whether it will be waived depends on the position of the company. can you quote the training bond provision of your contract?

they will likely hold your last pay and cite the bond. It will be then up to the company if they will file a case against you to collect the bond. that will be the time to raise your defenses. so meantime, collect your evidences that no training was actually provided.


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5 Re: Waiving of Training Bond on Tue Mar 20, 2018 10:17 am

kingsley


Arresto Menor
"I acknowledge that this financial contribution is granted due to my employment at [the company] or one of its subsidiaries, and that it is intended to enable me to perfect my professional skills.
If I should leave the company, I agree to reimburse [the company] for a portion of the training costs
on my last day of work based on the formula"

should i wish to not pay the training bond, will i be able to still complete my clearance? or can I just walk away on my last day in the case that they won't clear me because of the bond?

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6 Re: Waiving of Training Bond on Tue Mar 20, 2018 10:48 am

lukekyle


Reclusion Perpetua
clearance would be up to the parties involved. i would suggest you try to get one instead of simply walking away. Might give them more grounds to sue you for damages

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7 Re: Waiving of Training Bond on Tue Mar 20, 2018 11:00 am

kingsley


Arresto Menor
Thanks! I will have the clearance.

So to summarize, should I lawyer up to make the training bond go away?

The following are the grounds which I believe are solid reasons why the bond should be waived:
1. There were no actual "training" that happened when we were sent to Sweden. We instead attended "workshops and discussions on client requirements" and "system testing"
2. I was hired as a Lead Software Developer last July and for the past 7 months, I haven't done any "leading" nor "Software Development"

Minor reason:
3. Other team members was not given a training bond when they were sent to Sweden because they refused to sign one.

Is it ok to solicit for a referral to a lawyer I can talk to personally?

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8 Re: Waiving of Training Bond on Tue Mar 20, 2018 11:29 am

kingsley


Arresto Menor
It seems that it is not against the rules.

Any lawyer I can talk to here, that have office in mandaluyong.. please email me details at emptydreamz @ live . com

thank you!

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9 Re: Waiving of Training Bond on Tue Mar 20, 2018 11:43 am

lukekyle


Reclusion Perpetua
my advice is to wait muna. process everything and see what happens. If i were to guess, malamang hindi ka bigyan ng clearance and i hold yung last pay mo. If you want to get this you might have to file a complaint sa nlrc. Theres also a chance they might sue you for payment of the bond. this is the time when you get a lawyer as its going to cost you money na.

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