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TRAINING/POC ABROAD AFTER 3 MONTHS BINDING CONTRACT 3 YRS

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ch3st3r


Arresto Menor
Hi,

I would like to know if there is a defense regarding my case. study

Last year November a team went to abroad and had (proof of concept) POC for a certain equipment. And before going I was advice by my superiors that there would be no contract as it is a proof of concept. However January this year a colleague that was with me resigned.

The company made a background of all projects and the POC done on abroad which he is a part, and suddenly was issued a binding contract for 3 years and a cost in which I'm not aware. Shocked

My binding contract was made on February this year, and upon reading the contract I refused to signed as on the first place it was not presented or advice us that there is no binding contract before going out of the Phil.

Stated in the contract was the binding for 3 years, cost of the training ( in which no Figure was given ) scratch

A month later I was sent an memo to explain that why I was not signing and if not signed there would be penalties ( hold of salary ) in which I cannot risk as my wife is about to give birth the following month. My superior told me that not to reply and let him handle the issue.


Now I am planning to resign due to financial need, but I am hesitant because of the binding contract. Kindly advice. Is the contract valid?
Cause I feel like i was mugged and holdup in this scenario.


Hoping for your advice. Thanks

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attyLLL


moderator
did you sign the contract?


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ch3st3r


Arresto Menor
I signed the contract because of the memo to explain, and I can't gamble on holding my salary.

thanks

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attyLLL


moderator
i hope you kept a copy of the notice to explain. that is your defense; that you were coerced into signing the contract by the threat of withholding of your salary


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ch3st3r


Arresto Menor
Actually I kept all documents and printed all email's from the request of the passport and tickets before going to the trip as well as the memo to explain. I also requested the copy of my contract. I just to know that do I have a chance against it if ever they file a case on breach on contract if I resigned? Is this scenario a form of extortion ? Are there any laws regarding procedure on training and binding contracts?

Thank you sir attyyLLL

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attyLLL


moderator
there are no specific laws, but there have been cases regarding airline mechanics who were given foreign training and it was held they were liable for early resignation in violation of their contract.

i would argue your situation is different because you were coerced to enter into the agreement.


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ch3st3r


Arresto Menor
Thank you Atty for this,which is preferable to do? do i need to consult to a lawyer while im still employed or just when they would file against me in breach of contract ?


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attyLLL


moderator
Gauge your employer whether they will actually file a case to collect from you when you resign. On the other hand, you should expect that they will hold your last salary and not issue a cert of employment.


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ch3st3r


Arresto Menor
Actually my employer would file as done with my colleague that resigned as mentioned. =(

Thanks for the advice AttyLL more power

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