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BINDING CONTRACT

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1 BINDING CONTRACT on Mon Jun 27, 2011 11:11 am

markrferrer


Arresto Menor
I just want to ask if binding contract is necessary to be executed everytime an employee will be dispatch abroad? I am an engineer and usually if there is job request abroad our company is sending us but with a binding contract everytime. I already finished my training and I understand that binding contract should be applied to training dispatch only because as trainee they are not allowed to render overtime and not yet completely contributing profit to the company.
Whereas in other dispatch like ICT, they are essentially working and only performing their duties and no knowledge gain on the employee’s part and in no way undergoing training during the official trip. And the expenses incurred by the company are part of their responsibility to fulfill the request of the client.
Could anyone give a piece of advise with basis like articles or law which support my query..Thank you so much and Godbless

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2 Re: BINDING CONTRACT on Mon Jun 27, 2011 11:01 pm

attyLLL


moderator
what does this contract state?


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3 Re: BINDING CONTRACT on Tue Jun 28, 2011 10:08 am

markrferrer


Arresto Menor
Thanks Attorney for your reply.Here are some of the Condition Stated in our Binding Contract (Newly Revised).

a.)All Employees shall now be covered by a binding contract every time they are going to be dispatched for 91 days or more regardless of place, category of employee or visa used.

b.)If the employee has an existing binding contract due to his previous dispatch and he is subsequently sent for Official Trip for 91 days or more regardless of the visa used, the existing binding contract shall be terminated and a new binding contract for the new dispatch shall be executed.

Please take note that those who are currently dispatched will not be affected by the new binding contract condition.

However, once their contract ended and upon return in the Phil. they would be re-dispatched again on or after July 1, 2011 regardless of place or visa used, in this case a new binding contract condition shall be applied.


Right now I have an existing Binding Contract and one more thing that was not good in this Contract was, it will not take effect during my stay here and will take effect only upon arrival in the Phil. for two years. Also, if I will be requested again to go back abroad, the contract will freeze and will run again upon arrival in the Phil. I do not want to stay for the rest of my life in that company. What advise can you give with the condition mentioned?

Ilan lang po yan sa mga issue na pilit kung iniintindi at inuunawa sa aming mahal na kumpanya,mahal ko po ang trabaho ko pro ang management ay di ko gusto, para po kameng nasa ilalim ng batas militar...Salamat po sa advise na maibabahagi nio skin...Godbless

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4 Re: BINDING CONTRACT on Tue Jun 28, 2011 7:24 pm

attyLLL


moderator
so every time you are dispatched abroad, you are required to render at least 2 years of service upon your return? and this resets every time you are sent abroad.

i would also agree that it is unfair to make you stay for another two years if what you are doing is work, not training. i recommend you report the matter to DOLE so they can review this practice of your employer.


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5 Re: BINDING CONTRACT on Wed Jun 29, 2011 9:14 am

markrferrer


Arresto Menor
Thanks po. Yah, exactly po..everytime na madispatch ka you are forced to signed kc if you will not,Based on policy manual
"Any employee who disobeys the lawful order of the employer and his superior in relation to the work or the business of the employer and its interest shall be liable for acts of insubordination and is therefore liable for such acts."..So ang nagyayari is no choice po kame and the worst case iteterminate kapa nila in which you have to pay the dispatch cost in which no figure was given...just to give a draft value..one of our colleague that already resign told me, for a 4 months dispatch he has a total binding contract of 588,000 pesos,but the actual salary he receive 234,000 pesos approx so the difference is 354,000 pesos..Sa ganon po nagkakautang pa kame sa company...multinational company po kame kaya mahirap pong gumalaw...always management discretion,not hearing the voice of the employee...

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6 Re: BINDING CONTRACT Today at 3:00 pm

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