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how to interpret employment contract

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1 how to interpret employment contract on Fri May 20, 2011 10:10 pm

cher109


Arresto Menor
I am working now as an english teacher in china. The school in china through it's manager approved my application july 28, 2010. Knowing that the chinese school year starts august i immediately resigned in my previous job in august with the hope that the papers from china would come soon. To my disappointment, it took 2 mos. before I received the documents (october 28, 2010.) i then processed the papers in the Philippines. i had been unemployed for 3 mos. before I finally arrived in China Nov.18 and started working Nov.22, 2010 until the present.

The contract commenced August 30, 2010 and will end June 30, 2011. The contract stated that I should inform the office 2 mos. before I would wish to go back home so that the school can book the ticket. There is a provision in the contract which says that the school will supply for my ticket from china to philippines after completion of the whole school year.

i went to the office to inform my regret of not wanting to renew my contract April 13, 2011 as well as reminding them of their obligation to secure me my plane fare.

However, the manager said, I must pay for the ticket because i have not completed teaching for one school year. Even if the contract said it commenced August 30, 2011 but the fact is that I started teaching November.

and i tried to communicate with the manager but she is on maternity leave and the assistant is nowhere to be found. i couldn't talk to anybody there to air my grievances.

my questions are: when was there employer-employee relationship from the time the contract has been made or from the time i started teaching?

which is more powerful facts or contracts?

what actions do I need to take?

is it right to file a case for breach of contract at POEA should i decide to just pay and go back home peacefully and just file a suit in the philippines?

please help.

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2 Re: how to interpret employment contract on Sat May 21, 2011 1:14 pm

attyLLL


moderator
was this through direct hire or through an agency here?


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3 Re: how to interpret employment contract on Sat May 21, 2011 2:23 pm

cher109


Arresto Menor
through direct hire.

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4 Re: how to interpret employment contract on Sun May 22, 2011 6:30 pm

attyLLL


moderator
you should argue that if the contract states that it begins on 30 august, then that should be the reckoning point. i recommend you consult the philippine embassy or consul. that has to be settled there because you are a direct hire.


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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5 Re: how to interpret employment contract on Sun May 22, 2011 11:34 pm

cher109


Arresto Menor
already did but sabi nila it would be better if i file a case in the philippines because chinese favors chinese. at sa poea daw ako mag file. but i am making a letter of grievance as my last resort of trying to settle this here without resorting to courts which i know is a long process. im crossing my fingers but i hope it will work. thanks for the advice. appreciate it.

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