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Breach of Contract

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1 Breach of Contract on Tue Mar 15, 2011 4:06 pm

cathy_me


Arresto Menor
Good afternoon po Atty. I would want to consult you regarding my problem sa work ko po.

I am a teacher. Hired last May 29,2010 and signed a contract on the same day. The contract's effectivity is good for 2 years. Receiving a salary less than the minimum, 5K to be exact with SSS,Philhealth, and Pag-ibig benefits (ok na sana to sa akin).

Nung una I like the job I have. But lahat gumuho because of the very big attitude problem of the school head/cashier/registrar/hr manager. In short, siya na lahat. I just remained humble kahit ganun. I respected his superiority, though insults like "walang silbi" and "intelligent people won't succeed" were rampant. But last Feb. 16, 2011-March 14, 2011 I did not work due to my gastric ulcer and my urinary tract infection illnesses, all have gotten worse. I informed him Feb. 15, 2011 that I wasn't feeling well and received an OK reply thru email.

During the days when I was absent, I decided to quit the job for my health conditions are triggered by OTs during lunchtime since there are only 3 teachers for the grades 1-3 students and preschool dept. students. OTs that are unpaid, there was one O.T. that was until 2 a.m. Just today, I went to the school together with my mom, which was 1hour 30 mins. from our house to pass my resignation letter. I came 8 am and waited for a couple of minutes to be entertained by him. But then he refused to entertain me and accept my letter and said that he will do so on the 18th and immediately closed the cashier's window, afterwhich I left.

I came to my mother who stayed at my godmother's house near the school. We waited until 10 am coz that is the break time of the school hoping that we will get entertained at that time. But when we came back, we were not allowed to come in by the security guard (she was following the directive of the school head). And the same thing was said, we will be entertained on the 18th. We cannot come back on the 18th coz money used for fare equates to 150php back and forth (4 rides each), good for me and my mother. She came with me coz we have known from his neighbors that he hurt one teacher before physically.

What I did when I came home was send an email of my resignation letter, the email has a tracker if it has been opened or not.

I would just want to ask if what should I do?
I would not want to go back in a workplace whereby I am insulted and overworked.
In the contract, there was no bond stated in case I did not finish it. Am I liable still? The Labor Code states that I should give 30 day prior notice but then it also states that if there is unbearable treatment and serious insult coming from the employer, a prior notice is not needed.
Does my case fit in?
As a contractual employee, should I receive my 13th month pay? coz he did not give us any amount. Do I need to wait for him to free me from the contract before I apply for another job?What case can he file against me?Because I don't want any stain in my professional identity. =(

Pls. help! =(

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2 Re: Breach of Contract on Wed Mar 16, 2011 5:38 pm

attyLLL


moderator
check your contract what it says regarding resignation. if nothing is said, then the general law will apply that you have to give notice of 30 days prior. if not, they can file a case for damages.

i recommend you send your resignation letter by courier or email, or registered mail with return card.

by the prevention of the guard to let you in, that's an indicator that you have already been terminated.


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3 Re: Breach of Contract on Wed Mar 16, 2011 8:16 pm

cathy_me


Arresto Menor
I sent one already Atty. thru e-mail yesterday. I have used a tracker for it. I just received a notification tonight that the email has been opened already.

It's alright for me to be terminated from that kind of establishment Atty. That will soothe my morals than being degraded gradually.


Thanks so much Atty. Just want to ask if they owe me a 13th month pay?

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4 Re: Breach of Contract on Wed Mar 16, 2011 11:40 pm

triuiwrey


Arresto Menor
hello atty.

Regular po ako sa dati ko na work for almost 2 yrs. Meron kaming HR policy na 30 days notice lang pag nag-resign na nasa manual. Pero meron naman agreement na pipirmahan bago ka ma-regular na dapat 90 days notice pag nag-resign. Dahil kailangan ng trabaho, pinirmahan ko naman.

Nag-file ako ng resignation effective feb 25, 2011 at ibinigay ko ng jan 25, 2011(30 days notice)... pinapalitan kasi po dapat daw 90 days notice. Dahil me nakaabang na ako na work abroad, kinausap ko yun Dept head namin na kung pwede yun 30 days notice lang pwede ko i-serve... ang sabi nya nde pwede kc me agreement na 90 days, pero pinapayagan nya ako na mag-serve lang ng 30 days pero baguhin ko yun date sa letter at sya na daw ang bahala... so by his word... binago ko na yun resignation letter effective apr 25, 2011 - submitted jan 25, 2011.

Since feb 28, 2011 nde na ako nag-report. Eto po yun problema, kasama ako sa mga empleyado na kakasuhan ng breach of contract dahil nde ko nasunod yun 90 days notice (30 days lang kc)

Panu po ang aking gagawin... need your advice... tnx po

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5 Re: Breach of Contract on Fri Mar 18, 2011 11:07 pm

attyLLL


moderator
cathy, if they refuse to give your last pay, your remedy is to file a complaint at dole or at the nlrc.

triu, you cannot prevent the company from filing a case, but you can defend against it. my argument would be that the clause is invalid because it became a requirement for your regularization and it contravenes the law. the law allows resignation with 30 day notice, the company will have to prove there is a shortage of your skills.


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6 Need Legal Advice on Breach of Contract on Thu Dec 12, 2013 10:49 am

naika


Arresto Menor
Hi Atty,

Would like to consult about the contractor's agreement that I signed last 2nd of December. Last Tuesday, 10th of December I told them that I decided not to continue since I my canadian visa has been approved. They told me that they'll be filing a case against me and I need to pay the lump sum. I plead with them that I can't pay since I have not started my training with them and have not passed any requirements. They insist that I still need to pay since the contract has already been signed. The copy of contract they've given me has not been signed yet by their resource manager and when I showed it to a lawyer asking for legal advice, he told me not I can submit a letter to them saying that contract has incomplete signatory. My concern is if ever the company filed a civil case against me, would it really affect my application abroad? or to any company that I'll be applying in the future? Please advise.

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7 Re: Breach of Contract on Sat Jan 11, 2014 9:59 pm

jervis


Arresto Menor
hi atty. i would like to ask for your advice about my situation...

nung natanggap po ako, i signed an employment contract stating their that i am under 6 months probation after it will undergo an evaluation for regularization, meron din pong another contract para sa regularization. then meron po dun na magbabayad daw po ng 100,000 not sure kung ano mga conditions para magbayad ka.,,they also ask me to write a letter stating how many months or years im gonna stay. so i write at least 1 year as long as it will benefit me or the company. then signed, in the letter their is no ther sign other than me.

after 4 months ko pong stay dun, i filled a resignation, because i got a job offer sa ibang company. my manager talk to me twice at tinanggap nya aman po yung resignation ko and forwarded to the HR. sinunod ko din po yung 1 month period kapag nagresign ka para sa mga tunrover ganun po... then 3 days before the effective date po... sinabi po nla na kakasuhan daw po nla ako kapag tinuloy ko daw po yung resignation ko kc nagsign daw poo ako sa contract at may pinirmahan daw po ako... tinanong ko po kung ano po yung pinirmahan ko sabe nla yung letter n ginawa ko...

dun naman po sa kabilang company na nagbgay po ng job offer, nagsign na po ako ng contrata at magsstart n rin.. kc pagkatapos po tinanggap ng manager ko po yung resignation ko at nagssimula na akong magturn over, nagsign na rin ako sa kabila since inaayos ko na rin aman po yung resignation ko..

ang tanong ko lang po
1. kung anong kaso pwd nla i file saki. pagkakaalam ko po civil case ata,
2. ano po ang legality nung ginawa ko pong letter kc yun po yung isang pinanghahawakan nla...
3. ano po ang dapat kong gawin sa epcurrent employer ko at sa future employer ko...
4. ano po pwd ko ireklamo kc hnd po nla ako binigyan ng copy ng contract,

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8 Re: Breach of Contract Today at 9:40 pm

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