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Breach of Employment Contract?

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1 Breach of Employment Contract? on Wed Jul 11, 2018 7:12 am

Steward


Arresto Menor
Need advice po. Part po ito ng employment contract ko.

"12. PERIOD OF NOTICE
12.1 During the probation period, either party will be required to give 12 (twelve) weeks’ notice
to terminate your employment. After the probation period either party will be required to
give 5 (five) month’s notice in writing to terminate your employment."

Naguguluhan po kasi ako dahil ayon sa labor code 30 days notice lang. Considered po ba to na breach of contract kungd naman ayon sa labor code. Salamat po.

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2 Re: Breach of Employment Contract? on Wed Jul 11, 2018 7:35 am

Patok


Reclusion Perpetua
do not sign it.

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3 Re: Breach of Employment Contract? on Wed Jul 11, 2018 7:46 am

Steward


Arresto Menor
Problem ko po ay nasigned ko na . Susundin ko pa rin po ba ang ang nakasaad sa contract if ever mag reresign ako?

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4 Re: Breach of Employment Contract? on Fri Jul 13, 2018 2:50 pm

mmcab


Arresto Menor
@steward No, because it is not in conformity with the law.

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5 Re: Breach of Employment Contract? on Fri Jul 13, 2018 3:14 pm

lukekyle


Reclusion Perpetua
that is not true.  Although 30 days ang required by law, unless it is deemed "unjust" or unlawful, pwede yan sa mutual agreement.  

Ang required ng law is P512 lang ang sahod.  Does it mean if an employer gives more he is not "in conformity with the law"?  

If ang employer at employee ay pwedeng magkasundo na mas mataas ang sahod or benefits (service incentive leaves) kesa sa mandato ng batas, bakit pag sa length ng required notice hindi pwede?



Last edited by lukekyle on Fri Jul 13, 2018 3:38 pm; edited 2 times in total

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6 Re: Breach of Employment Contract? on Fri Jul 13, 2018 3:37 pm

lukekyle


Reclusion Perpetua
That being said. I doubt any court would uphold a 5 month notice requirement for resignation.

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