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LEGAL QUESTION REGARDING BREACH ON COMPANY OFFERSHEET/JOB OFFER/REGULARIZATION

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drewtan14


Arresto Menor
Hi Everyone,

Here are some of My questions, I hope someone can answer some of my inquiries when it comes to regularization and company offer sheets.

brief background, I was given an offer sheet last April 2017 by the company I am currently employed with. The contents of the offer sheet include that I shall be receiving a brand new car as company service and a specific brand and model was also in the offer sheet. also included in the offer sheet and eventually, contract was that I will be also entitled to a Car plan of 60/40 share upon regularization.

Fast forward to the start of me working, No brand new car was given to me but instead they let me use a service vehicle that was worn down and old. And up to now, I am still using an old car that the company has given to me.

I am also working with no regularization papers although it has been a year already since the start of my working for the company and now I am receiving the regular benefits of the company including health plans, leaves, bonuses, etc...

My question is:
1. Is the company legally liable for not giving me what was stated in the offer sheet and contract that I signed regarding my A. brand new service car B. 60/40 car plan (upon regularization)

2. Is the company also liable for not giving me a letter of regularization or appointment letter? although as stated above I am already receiving the regular benefits given by the company.

I hope that someone can enlighten me with my inquiries.

Thank you in advance

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lukekyle


Reclusion Perpetua
1. yes
2. No. You care considered regular na. You don't need papers and the company is not obligated to give you any papers

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mikos23

avatar
Reclusion Perpetua
1. there is always a legal liability for "breaches" of contract. However, if what was written in your job offer is not in your employment contract, that is a different case.

Before you do anything, why don't you "inquire" first. In most cases, the one who gave you the "Job Offer" usually forgot to inform those that need to be informed about what you should be receiving. i.e. the job offer was given by the president but the admin doesn't know about the "brand new car", they would just give you a car that is not being used.

For B. car plan, look into the company policy. It is usually available to everyone who have a certain position. Not everyone want to avail a car plan, therefore it might be stated in the policy that you need to "apply" for it.

2. by law, if you have worked 6 months & 1 day you are already a regular. though it is better to have it (the contract), there is nothing they can do but acknowledge you as a regular after the 6 months.

hope this helps

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drewtan14


Arresto Menor
Thank you for the replies.
I have already inquired about My concerns already with Our HR and even the owner of the company.
But still no update with regards to these concerns.
Regarding the car plan, this is written both in the Job Offer and Employment Contract.
I also applied formally for the said car plan and have filed the request 2 x already (after my 6th month and just after my 11th month).
I'm just wondering what legal way I can resolve this if any, if they do not fulfill what is in my contract and agreement.

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mikos23

avatar
Reclusion Perpetua
regarding the car plan, i suggest you read the policy. what are the requirements for approval. some companies do offer car plan but there is always a clause in the policy that it is subjected for approval and budget of the company

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drewtan14


Arresto Menor
None. Value, Model and Brand is even stated in the contract.
Other included in the policy is just value upon maturity of the car after 5 years and how to go about change in ownership, maintenance and insurance policy sharing.
This is also the first time I have encountered this situation in My entire career.

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arnoldventura


Reclusion Perpetua
Your job offer could already be considered as a contract, considering that in a sense it is an agreement between your employer who made an offer, and you who accepted the offer. https://www.alburovillanueva.com/contracts If it happens that you have a separate employment contract, then that would simply be considered as another contract that both parties have to comply with. It would be up to you if you still want to enforce the provisions of the job offer, but you have a right to do that in case you opt to.

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drewtan14


Arresto Menor
Thank you Sir.
I've opted to give them another month to comply.
I sent a letter addressed to the owner and HR inquiring and as a gentle follow up to the items indicated in my Job offer and Contract.
If no compliance, I might as well get legal representation and consultation.

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