Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Are the contracts in the still legal if the payable money for the damages has no basis?

Go down  Message [Page 1 of 1]

Leni_Robs


Arresto Menor
I was assigned as Intra Company Employee to work overseas. They have given me a Binding Contract to have obligatory service for 3 years after I have finished my work.  They put a certain amount of cost if I would not render the service.

I have a Payslip and is paying tax in the overseas country so basically they have no cost for my allowance and accomodation because i turns out that my salary has been paying for it that is why I did not receive the full salary as stated.



Last edited by Leni_Robs on Tue Jun 26, 2018 9:10 am; edited 1 time in total

View user profile

mikos23

avatar
Reclusion Perpetua
contract is legal as long as both parties agree to it. enforcing is a different case. if payment to damage has no basis, you can contest it.

View user profile

Leni_Robs


Arresto Menor
Thank you! So the plan would be just wait for them to sue me?

View user profile

arnoldventura


Reclusion Perpetua
The contract is valid, and if ever, only the provision on damages could be questioned. The rule is that a single provision in the contract that is rendered invalid or unenforceable cannot invalidate the entire contract. https://www.alburovillanueva.com/contracts

View user profile

Leni_Robs


Arresto Menor
I noted about the legality of the contract.

This was the info. in the contract and is deemed questionable for me.

In case the Transferee resigns or terminates his/her employment with Phil.Company or is separated for any of the just causes under the law, before or anytime prior to the completion of his/her obligatory service for at least three (3) years, Phil.Company shall have the right to recover from Transferee certain costs such as but not limited to the following: airfares, accommodations, allowances, and other expenses incurred during intra company assignment.

I have my own payslip in the intra company.It has also shown that the payslip have deduction of the accomodations and they also deducted it for my salary in philippine. So basically I'am the one paying my salary in my philippine company.

View user profile

mikos23

avatar
Reclusion Perpetua
if you are talking about deduction of accommodation both in your payslip in the intra company and the philippine company, have you asked the hr for this deduction? it could just be a mistake in their part. just ask them nicely for the double deduction.

Also, if you have a clause in the contract that you deemed questionable, you should have raised your concern first before signing. once you sign, you will state that you had agreed to all the clauses in the contract.

View user profile

Leni_Robs


Arresto Menor
Thank you for the response.

The situation is that I have a 250,000yen salary on my payslip in japan and 30k salary on ph..
the problem is i will only recieve 108,000yen and 30kphp (taxable) salary every month..and 150,000yen was payed for the accomodation and the salary, bonus,13th month (in Philippines) pay,tax etc. and it is clearly stated in the payslip. So the damages was questionable at this time.

about the raising of concern unfortunately we did not know that this is the work process. we where only given the info that we have only an allowance of 108,000 which comes from them so they say.

View user profile

Sponsored content


Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum