- I was hired at a BPO company as part of their finance team and was asked to train in Singapore for a month
- Before leaving for Singapore, I signed a TRAINING AGREEMENT. Excerpt from the agreement are as follows:
“COMPULSORY SERVICE PERIOD:
In consideration of the training granted, the Employee shall serve the company or the Group of Companies at any particular time as determines by the Company whether on a secondment basis or otherwise for a period of one year (hereinafter referred to as “the Compulsory Service period”).
“EVENTS OF DEFAULT: In the event that during the Training Period:
1. The employee’s employment under the contract of employment is terminated by the company for misconduct or any other reasons whatsoever during the training period or the compulsory service period; or
2.The employee resigns or abandons the service of the company during the compulsory service period.
THEN IN SUCH CASE, THE EMPLOYEE SHALL BE LIABLE TO PAY THE COMPANY UPON DEMAND THE LIQUIDATED DAMAGES EQUIVALENT TO THE SUM EQUIVALENT TO THE COST OF TRAINING.”
– The second batch of trainees, did signed two agreement, the TRAINING AGREEMENT and the other BOND CONTRACT which states how much they would pay.
– I didn’t sign any BOND CONTRACT, just the training agreement.
– The company gives me a NOTICE TO EXPLAIN on the grounds of falsification of documents such as Transcript of Records and others which I wasn’t able to answer and wasn’t able to go back to office.
– During that time, they already hold my salary. I wasn’t eager to go back to work because of this and decided to just leave the company right away.
– Days after, the company sent a letter regarding termination of my contract with them. So I decided to let go of the company and didn’t go back for any clearance or whatsoever.
– I got a text message from the recruitment manager if I can email him stating that I have signed the BOND CONTRACT which I didn’t. I just ignore him and thought that if I do that, they would take it against me.
– I received a FINAL DEMAND LETTER (I didn’t receive anything before this letter) from the company asking me to pay P180,000 for the contract bond. Attached with the letter is a computation of my last pay.
– I went to their office to discuss with the HR and inform them that I didn’t sign any bond contract when I left the company. I asked her if I can claim my 13th month pay, tax refund and other unpaid wages. She told me that she would have to discuss it first with their lawyer and will get back to me.
– I tried following-up the situation twice but didn’t get any reply until after two weeks I think.
– I filed a complaint in NLRC for money claims.
– We just had our first meeting today at NLRC. The lawyer claims that I am not entitled for those money claims since I still owe the company for the bond.
– The company have filed a civil case against me as per the lawyer but haven’t receive any summon yet.
– The second meeting is cancelled and we are going to push thru with a POSITION PAPER.
1.Do you think I should push thru with the position paper?
2.Will it be okay if I will drop the case and in turn they would also drop the case against me as the settlement?
3.What are my chances in winning the case against the company?
4.What could be the verdict if I lose the civil case they filed against me? I believe the civil case maybe about the bond and at the same time, falsification of documents.
attyLLL, I would really appreciate your honest opinion on this. I don’t know what would be my next step. Filing of position paper is in May 10 already.
Thank you very much.