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i am suffering from sickness but employer don't allow me for leave or urgent resignation

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Arresto Menor
Hi attorney. I just want to seek your advice regarding my case. I am a registered nurse and I was employed in a new company in Quezon City for almost 2 months. Our job title is “Part time service skin therapist”. Our salary is 389/day because they said that’s the basic salary for below 15 employees. I signed a training bond and employment contract. I thought my job is facial/skin therapist but they require us to work even it is out of our duty including janitorial services, messenger and giving flyers as our side duties. We walked almost 500 kilometers to give flyers whether rain or shine. They don’t even give us overtime fees. Suddenly, I got sick maybe due to over fatigue. I had a history of Pulmonary Tuberculosis 1 year ago. My back aches almost periodically so I asked for leave. I had consultation with my physician at Lung Center of the Philippines and he said that I need to have some rest. I reported to work the next day and I presented medical certificate to my employer. I asked permission for a 1 week leave or much better if they allow me to have urgent resignation. They didn’t allow me both ways. They said that I need to compromise because I signed a contract. They said that they understand me but I have to understand them too. I came to work the next day even I am so sick. But one day I didn’t report to work because I really can’t. I asked my mom to talk to my employer that I can’t go to work. He allowed me to rest first but he said he will consult with their management and attorney regarding my case. The next day, he sent a text message to my mom: “Good pm Mrs.____, I hope ___ is doing better. With regards to the matter at hand, I have already consulted with management & attorney ___. As stated in the contract which we have discussed and explained with ___, she would be required by law to reimburse the company 50,000pesos for the training, damages & future losses that her urgent resignation will cost. She is entitled to a separation pay of ¼ of her salary for working with us in less than 6 months plus the days that she worked upon rendering her letter of resignation. The total will amount to 46,312. But for humanitarian reasons, the amount will be adjusted to 10,500 na lang. The contract states that the employee will be penalized if she doesn’t complete her 1 year contract with the company. She knows what the repercussions are, and have asked everything during the interview and during the signing of her contract, had she fully disclosed her medical condition, the company would not have hired her. She informed during her resignation that she had this problem during her nursing review and have recuperated for 6 months, thus assumed that she is already well. This is where the company stands. I hope you understand that it is necessary to charge her for the cost of training and damages that will be incurred by the company for her urgent resignation. Kindly provide medical certificate if you will settle this on behalf of her.” I haven’t file a letter of resignation yet. They don't require us medical exam before they hire us. I just want to consult with attorney regarding this matter. What shall i do? Please help us. Thanks!

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first, you should collect proof of your ailments. go to a doctor and get a medical certificate.

i do not recommend you pay. the basis for bonds is unjust enrichment which in this case, you did not do. you can search other threads for discussions on bonds.

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Arresto Menor
Hi attorney, thanks for your prompt reply. I went to my employer awhile ago. I was absent for 2 days because I'm still sick. I reported to work even though I'm not feeling well. He said that I am required by law to present my medical certificate for review by a third party. My medical certificates and xray results are from Lung Center of the Philippines dated last 10/06/11. I presented it to him and even gave him a copy of those. He noticed that I am looking ill so he did not require me to go to work for now. I have follow-up check up tomorrow. He also asked why I didn't disclose my medical condition and said that I am required by law to make sure I am in good health before I work in a company, he said that I have acted in bad faith by keeping that to myself, I could have jeopardized not only the company but my co-workers as well. But before I applied there, I am fully recovered with TB and he didn't require us to undergo medical exam nor questioned about it. The truth is, I got sick just lately. Again, he said that they have to execute the contract and ask for reimbursements, the contract is valid as per attorney. They said that even though I'm sick I'm still liable to reimburse because I signed the employment contract and training bond. If I am cleared with TB, I must continue working for them. But yesterday, he quoted through text that they were no longer asking me to work for them. I really don't understand them. I am so stressed right now. They're making my life a living hell... Sad

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