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company bond without contract

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1 company bond without contract on Tue Mar 08, 2011 6:50 pm

seanrayden


Arresto Menor
Hi,

Ask ko lang po kung kc gusto ko n magresign s company ko ngaun. Kaka-6 monsths ko plang dis march. Eh nung 2 months plang ako s company nag undergo kmi ng training na worth 400k and then sabi nung manager nmin me bond kmi n 2 1/2 yrs. 1 month ung training. pero ntpos nlng ung training wla p rin akong pinipirmahan n contract. verbal agreement lang meron. Sa tingin nyo po wla cla mahahabol sakin pag nagresign me?

Thank you.

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2 Re: company bond without contract on Wed Mar 09, 2011 5:27 pm

attyLLL


moderator
a verbal agreement is valid if it can be proven. it is up to you if you will take the risk by resigning. but if i were the company's lawyer, i would not file an actual case against you


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3 Re: company bond without contract on Fri Mar 18, 2011 3:09 pm

seanrayden


Arresto Menor
thanks for the reply atty. Smile

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4 Re: company bond without contract on Mon Mar 21, 2011 1:34 am

dlorenzo


Arresto Menor
hi atty, i actually have almost same situation as the thread starter. i worked for a BPO and they sent me to Singapore for a month's training. beforehand, they informed us that there would be an agreement which i signed before leaving for the training. there have been talks about the bond but i wasn't able to signed unlike my other colleagues who were able to signed before they went on their training.

back here in manila, i never had a glimpse of that bond contract until after a couple of months and things didn't go well between me and the company. my last salary was put on hold and they terminated me.

last week, i got a letter from them asking me to pay for the bond (less all my unpaid salaries) and told me that they would pursue it to court if they don't hear from me in a week's time.

here are my queries:
1. i did signed an agreement, but the agreement only states confidentiality between their client and the company and did not state anything about the bond. can they used it as a proof or as a substitute for bond contract?

2.let's say that verbal agreement is possible, according to their letter, i was the first one to violate the contract/agreement by resigning but in reality they did terminate me from my post.
is it correct to think that they were the one who violated or rejected the contract/agreement by terminating me?

3. based on the computation i have received, the company still owe me sum of money if we will exclude the bond amount.
can i still claim this amount to the company? or file a case against them in NLRC?

thank you in advance po.

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5 Re: company bond without contract on Wed Mar 23, 2011 12:25 am

attyLLL


moderator
1) no, if only the confidentiality agreement was signed then only that can be enforced.

2) i presume you filed a resignation letter? what is your proof that you resigned?

3) yes, you can file a case at the nlrc.

in fact, were you subject of a forced resignation? that may be basis to state you were constructively dismissed.


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6 Re: company bond without contract on Wed Mar 23, 2011 1:12 pm

dlorenzo


Arresto Menor
i did not resigned, i was terminated by the company due to some issues.

i understand that i may have been the first one to breach the contract since i was terminated by my own mistakes, but this will be the case if i did signed a training bond contract which i didn't, is that correct?

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7 Re: company bond without contract on Thu Mar 24, 2011 12:17 pm

attyLLL


moderator
if you didn't sign the contract, then they cannot hold you responsible to it.


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8 Re: company bond without contract on Thu Mar 24, 2011 12:37 pm

dlorenzo


Arresto Menor
salamat po attyLLL. bukas po punta na ko sa NLRC para magfile ng complaint for my tax refund and unpaid salaries.

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9 Re: company bond without contract on Thu Mar 24, 2011 12:50 pm

dlorenzo


Arresto Menor
attyLLL, ask ko lang po, wala po bang allowed period to file a complaint sa NLRC? kasi po june 15, 2010 po ko nawala dun sa company, salamat po.

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10 Re: company bond without contract on Thu Mar 24, 2011 10:50 pm

lawabidingcitizen


Arresto Menor
You have 3 years from date of termination to file with the NLRC. I have a similar case.

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11 Re: company bond without contract on Sat Mar 26, 2011 6:04 pm

attyLLL


moderator
for money claims, it is 3 years, for illegal termination, 4 years. but the longer you wait, it can be taken against you.


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12 Re: company bond without contract on Thu Apr 07, 2011 5:50 pm

dlorenzo


Arresto Menor
hi attyLLL, will be having our hearing next week regarding my claims, a few questions lang po.

possible po ba na hindi nila ibigay yung claims ko (legitimate claims: tax refund, 13th month, etc) and sabihin nila na i have a pending issue with them regarding dun sa bond?

what if hindi po magkasundo in two meetings? can i file a civil case against them?

salamat po.

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13 Re: company bond without contract on Fri Apr 08, 2011 11:57 pm

attyLLL


moderator
hearing at nlrc? if no agreement is reached, you will be asked to file a position paper. the nlrc has the power to decide the case, and if you file a separate civil case it will be dismissed.


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