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Training Agreement

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1 Training Agreement on Sat Jun 02, 2018 12:30 pm

redbriones


Arresto Menor
Hi Atty.

pahelp naman po, nagresign na po ako sa company and the GM told me that I need to pay the bond for the trainings.

I have an issue with one training agreement which I signed during the training proper. Hindi siya pinapirmahan prior sa training. 2 or 3 days before matapos ang training ay doon po pinapirmahan. so lahat po ng co-employees ko na pinaattend ng training ay nagulat.

The problem is syempre takot ka alisin ng company pag di ka pumirma kaya pinirmahan nadin.

Leadership Training Lang siya pero ung amount is 90k and ung tagal ng stay is not less than 3 years.

so gulatan ang lahat kaya pumirma parin.

saan ko po pwedeng isend ang isang copy ng traning agreement?

at anong pwede kong gawin para sa 90k na pinababayaran sa akin?

Maraming Salamat po

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2 Re: Training Agreement on Mon Jun 04, 2018 10:38 am

attyLLL


moderator
I don't recommend you pay this bond. If the company insists and holds your last pay, you can file a complaint at NLRC


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3 Re: Training Agreement on Mon Jun 04, 2018 10:54 am

redbriones


Arresto Menor
Hi Atty,

Thank you po sa reply.

Some of my friends told me not to pay for the bond.

ito po ung mga nakalagay sa contract. baka po pwede ninyo ako bigyan ng comments ninyo.


WHEREAS, the COMPANY considers it necessary for the EMPLOYEE to undertake training in LEADERSHIP to qualify, hone and be equipped leaders that can effectively handle the organization, refine leadership and intrapersonal skills

WHEREAS, the COMPANY agrees to train the EMPLOYEE.

WHEREAS, the COMPANY has selected the EMPLOYEE to undertake said training, subject to the terms and conditions hereinafter specified and the EMPLOYEE hereby accepts his/her selection, subject likewise to the terms and conditions herein specified.

NOW, THEREFORE, for and in consideration of the foregoing premises and the mutual covenants hereinafter enumerated, the parties hereto mutually agree as follows:


1. The EMPLOYEEE shall undergo training on LEADERSHIP in ********, INC. on September 22 to December 14, 2017 at 2nd Floor Conference Room Main Bldg of ***** Industries, Inc., Employer address, Meycauayan City, Bulacan.


2. The EMPLOYEE agrees to be bound by the performance requirements of such training as set forth including the existing qualifications and performance standards of COMPANY.

3. The EMPLOYEE, for the duration of his/hertraining shall:

a. Maintain the necessary standards of his/her training.

b. Conform to all the rules and regulations prescribed by the COMPANY.

c. Conduct himself/herself in such a manner as not to bring disgrace to
himself/herselfand the COMPANY.

d. Diligently complete the training within the prescribed time;

e. That he/she will not during the training engage in any activity which the COMPANY considers not to be in the EMPLOYEE's interest in relation to the COMPANY;

f. Comply with such instructions as directed by the COMPANY;

4. The COMPANY will provide the training cost for the following: training fees and salaries during training with a total value of Ninety thousand pesos (Php 90,000.00) (hereinafter referred to as "the Expenses").

5. During and after the training the EMPLOYEE shall not divulge to any person or persons unless expressly authorized by the COMPANY any trade secrets, materials, operational procedures, methods, know how, techniques and processes, any information concerning the business affairs, finances or strategies, any confidential report or research commissioned by or on behalf of the COMPANY or any of its respective clients in connection with the business or affairs of the COMPANY or its subsidiary companies or any other information confidential to the COMPANY or its subsidiary companies, suppliers , or clients.

6. The COMPANY has the right to revoke or terminate this Agreement if at any time during the training the EMPLOYEE is guilty of any of the following:

a. Misconduct;

b. Engaging in political or unauthorized activities resulting in activities that in the discretion of the COMPANY are inconsistent with the purpose of the training;

c. Abandons the training before the completion thereof;

d. Any breach by the EMPLOYEE of any of the provisions of this Agreement and/or his Employment Contract.

In any of the abovementioned circumstances, the EMPLOYEE shall cease to have any claim to any benefits of this Agreement and shall be liable to pay agreed liquidated damages being a sum equivalent to the Total Expenses.

7. Upon satisfactory completion of the training period, the EMPLOYEE shall immediately report to the COMPANY for work assignment without any delay.

8. After completion of his/her training, the EMPLOYEE shall be bound to work with COMPANY for a period of not less than three (3 ) years.

9. During and after the training period, the EMPLOYEE shall be prohibited to train in other companies or to be gainfully employed in other companies or be self-employed.

10. The EMPLOYEE completely agree that he shall refund and/or pay the COMPANY in the form of liquidating damages a sum equivalent to the total expenses as may have been spent by it including other expenses incident to his training, for failure to comply with the foregoing conditions through his fault , neglect, resignation, or other causes within his control (i.e. an employee whose services was terminated for violation of the Code of Employee Discipline). In no case shall proportionate refund be allowed.

11. The EMPLOYEE expressly agrees that in case of no. 10, refund shall be automatically deducted by the COMPANY from any amount receivables by the former to the latter in relation to his employment without need of any further demand or authorization.

12. Any balance of payment after deduction under no.11 which the EMPLOYEE is liable to pay to the COMPANY under this Agreement shall be paid within five (5) days from the date of written notice by the COMPANY to the EMPLOYEE demanding payment. A notice sent to the EMPLOYEE's last known address by registered mail shall be deemed to be sufficient.

13. The EMPLOYEE hereby declares that he has read the contents hereof , the agreement was explained to him in a language that he understands and enters into this Agreement willingly, voluntarily and with full knowledge and understanding of his rights under the law.


pakicomment naman po nakalagay sa #9, #10 and #11.

may mga training bonds po ako ganyan structure pero willing po ako bayaran kasi nagamit ko naman sa work at nakapagcontribute naman ako, pero itong leadership training na ito I feel like it is unfair.

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4 Re: Training Agreement on Mon Jun 04, 2018 7:02 pm

attyLLL


moderator
if you are willing to pay the bond, then go ahead. But IMO, you don't have to.


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5 Re: Training Agreement on Mon Jun 04, 2018 9:48 pm

redbriones


Arresto Menor
How can I negotiate this matter to my employer now AttyLLL?

I will be needing my clearance signed and my coe, also BIR 2316. Is it legal for them to deduct from my final pay as stated in clause 11?

What do I need to state in my letter para iwaive nalang nila ung pagpapabayad? Masama kasi loob ng GM sakin kasi nagresign po ako so eager po siyang ipabayad ung amount sa akin.

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6 Re: Training Agreement on Tue Jun 05, 2018 6:53 am

Patok


Reclusion Perpetua
idededuct talaga nila yan kasi nasa contract..

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7 Re: Training Agreement on Tue Jun 05, 2018 8:20 am

redbriones


Arresto Menor
Hi Atty Patok and AttyLLL,

Thanks po sa reply.

Some points that I what to check:

1. Clause 9 stated that during and after the training period, the EMPLOYEE shall be prohibited to train in other companies or to be gainfully employed in other companies or be self-employed. Is this a restraint of trade? can we consider this unfair practice?

2. Is there any rule/law stating that bonds/contracts should be signed prior to the performance of the party? kasi pinapirmahan po sa amin bandang gitna December 11 (naatapos po training Dec 14) and I have no choice but to sign it dahil sa takot ko na mawalan ng trabaho pag hindi ko pinirmahan. It seems to be unconscionable. What can you say po?

3. I believe also that it is unreasonable to charge us 90k for a series of activities na once a week in 3 months (some nga consultation type ang ganap). Do I need to ask for the calculation of the expenses?

What do you think should I do before they send the demand letter and release my clearance and coe without actually going to court?
Wala din po akong ibabayad dahil kaya nga po ako ngresign dahil kulang na kulang po ung sweldo ko na 20k a month para sa pang-araw araw.

Malaking abala po kasi kung my mga hearing dahil may papasukan na rin po ako by July.

I want to send them a letter of request pero di ko po alam ang ilalagay ko to convince them to consider the contract invalid or anything para pwede nilang hindi na po ipabayad.

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8 Re: Training Agreement on Tue Jun 05, 2018 9:18 am

lukekyle


Reclusion Perpetua
1. Actually that clause just means na hindi ka dapat magtrabaho or mag train sa ibang companya after the training period, kasi ang expected nila ay sa kanila ka nagtratrabaho. I dont think ang ibig sabihin nila ay if wala ka na sa kanila eh hindi ka na pwede magtrabaho sa ibang companya forever.

2. No. pwede kahit kelan i sign yan. pwede rin ang verbal agreement but harder to prove. But bawal ang sapilitan.

3. You should try but chances are they will not give it to you. They don't need to prove it to you but they will have to prove it to the authorities should they file a case to collect or should you file a case against their deduction

4. Just try talking to them. Most times these conflicts can be settled before a formal complaint needs to be filed.

Sabihin mo lang na medyo exhorbitant ang 90k and tell them your counter offer.

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9 Re: Training Agreement on Tue Jun 05, 2018 9:38 am

redbriones


Arresto Menor
Thank you po Atty lukekyke.

So I may need to wait until they automatically deduct on my final pay then talk to them not to charge me the 90k. Kasi hindi ko naman po tlga hiningi ung training na yun at di naman nilanako pinilit pirmahan pero I fear na mawalan ng trabaho kung susuway ako at dahil matatapos na ung training.

Meron din kasing mga kasamahan ko po ng ilang araw nalang pero hindi sila nakapasa sa leadership training na yun (pakulo ng GM) pero may bond pdin sila 35k and 1yr. Imagine ilang araw na lang matatapos na trainjng at hindi pa sila pumasa. Tapos pinapirma parin ng bond at wala pang certificate ng attendance sa training.

If they insist then I would go to NLRC with the copy of balance payable to them.

Please comment po kung ano pa po ang dapat kong gawin.

Thank you po.

Sent from Topic'it App

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10 Re: Training Agreement on Tue Jun 05, 2018 12:48 pm

attyLLL


moderator
Try getting your COE now, say it's for a loan or some other purpose. Your new employer might consider that as sufficient. If you can't and there's nothing you can say to convince them, then NLRC


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