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Training Bond and Forced OT (without pay)

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1 Training Bond and Forced OT (without pay) on Thu Apr 26, 2018 7:11 pm

kittymeow


Arresto Menor
Hello. I signed a training bond contract with a company last December 2017 and I started working at January 2018. The training bond states that I need to work in the company for 2 years otherwise, I'll pay 200,000 if I quit. I signed the contract knowing that the working hours, training, and overtime with pay is good. But during my stay, lagi ko na lang nae-experience na mag-OT without pay. Kasi yung team leader namin gusto niya umabot sa deadline yung project kahit hindi kaya tapusin ng mga employees within the allotted working hours which is 8am-5pm. Dumating sa point na napuno na ako, especially nung sinabihan niya kami na walang uuwi hanggat hindi ina-advice. Imagine, inabot kami ng hanggang 10:30pm para lang tapusin yung project and that is overtime without pay. And I extended my stay up to 11:30pm because nung umuwi na yung asst. team leader sinabihan niya kami na walang magli-leave kinabukasan. Eh ako masama na pakiramdam ko that time, kaya pinilit ko na lang tapusin para makapag-sick leave ako. And now, I want to resign in the company but the training bond is holding me back. Because I'm afraid that if I don't pay the 200,000 amount it'll hinder me from a getting a new job opportunity. Also, yung training na sinasabi nila is basically training on how to use that software na sa kanila lang naman meron at hindi ko rin yun maa-apply sa ibang company na pwede kong malipatan. I need some advice regarding on this.

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2 Re: Training Bond and Forced OT (without pay) on Fri Apr 27, 2018 12:58 am

lukekyle


Reclusion Perpetua
you have to understand na yung training bond is about yung cost ng employer not yung benefit sayo, even if walang transfer yung skills/knowledge sa ibang situations hindi yun relevant.

that being said kelangan nilang patunayan yung cost if ever ihabla ka nila to recover it.

if ang worry mo is this past employer will give you a negative review everytime mag investigate yung bagong employer mo wala ka na talagang magagawa dun.

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3 Re: Training Bond and Forced OT (without pay) on Fri Apr 27, 2018 7:18 am

kittymeow


Arresto Menor
ganun po ba? pero kasi nagi-imposed ng forced ot samin without pay which is unjust kasi pinirmahan and nag-agree ako sa ganung training bond knowing na may bayad ang OT ko. And from what I’ve read from the Labor Code pwede magpa-ot ang employer but with additional pay of course. Pero sa case ko hindi nila sinusunod yun. Therefore, I assumed na baka pwede maging grounds yun para ma nullify yung training bond.

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4 Re: Training Bond and Forced OT (without pay) on Fri Apr 27, 2018 8:00 am

lukekyle


Reclusion Perpetua
magkaiba yun. First off meron kasing OT without pay. This is usually done by people na gustong mag pa impress sa boss or to meet performance goals. But hindi dapat pinipilit and mostly these are reserved for upper management personnel.

Dapat hindi ka pumayag, pero if mapatunayan mo na pinilit ka nga ng someone who is authorized to permit OT then this can serve as grounds for a complaint.

Look at it this way, dalawa kayong lumabag so dalawa kayong paparusahan, if you win sa pag file mo ng complaint then mapipilitan si employer na bayaran yung OT. If the employer wins his case against you for the bond, then mapipilatan kang bayaran din yun. One does not cancel out the other.
Parang dalawang atong nagsaksakan, pareho kayong kulong

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5 Re: Training Bond and Forced OT (without pay) on Mon Apr 30, 2018 7:29 pm

attyLLL


moderator
"you have to understand na yung training bond is about yung cost ng employer not yung benefit sayo, even if walang transfer yung skills/knowledge sa ibang situations hindi yun relevant."

Sorry, lukekyle, I can't agree with you on this. In the PAL case where the employee was made to pay for the cost of the training, it was based on the principle of unjust enrichment; that the employee had been enriched by the aircraft maintenance training provided by PAL but left to work for another airline without finishing the period of retention.

So Kittymeow, if you do leave, the company would have to prove its entitlement by showing you were unjustly enriched by the training your received.


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