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Liquidated Damage, breach of contract, NLRC or Civil court

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Motto26


Arresto Menor
Atty,

Asko ko lang po. If my previous company will file a case against me for to collect liquidated damage san po sya mag file? sa NLRC po ba or Civil court? If Civil court po sya nag file what would you advised me to do next?

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Motto26


Arresto Menor
as adviced by DOLE, it wud be better to just make a settlement with the employer. So im giving away my hard earned money for free. :-(

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attyLLL


moderator
why is the company claiming from you?


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Motto26


Arresto Menor
i have to render 60 days before i can resign. But I quit during training. I was totally unaware that I have to pay, but I sign the contract anyways so it was ignorance on my part.

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Motto26


Arresto Menor
I am a victim of this one sided contract. Only if there was a lawyer who could explain to me everything in that contract could had me think twice. Their offer was good and who doesn't want that? but it all turned out to be wicked. Such company is so heart less, Doesn't even care the economic impact to the person involved. Mas masahol pa sila sa Kotong sa kalye. How I wish there's a law that will protect us from such one sided contract.

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attyLLL


moderator
so it's some kind of bond? read the other threads : http://www.google.com/cse?cx=partner-pub-6855083666886697%3Aswhy8nr9q5q&ie=ISO-8859-1&q=bond&sa=Search#gsc.tab=0&gsc.q=bond&gsc.page=1


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Motto26


Arresto Menor
Hi AttyLLL

Its not a training bond at alll. Hindi ko lang po tlga na intindihan ang part ng contract na un when i signed it. But it says dun na If I didn't render 60 days of resignation i will pay 3 x of my basic pay as a form of liquidated damage.

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attyLLL


moderator
if you rendered at least 30 days, then argue that they cannot require you to render more than what is stated in the labor code.


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Jin


Arresto Mayor
if you don't have any property or money in the bank, let them file the case and give them an empty victory(if they won Very Happy )

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Motto26


Arresto Menor
Hindi na ako nag render. It's useless narin. And Yes nakipag deal nalnag ako but I'm asking that if I'll be able to get help from PAO if i wanted to have the contract null and void?

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Motto26


Arresto Menor
I would like to get a service of a lawyer. How much would you think it will cost me?

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attyLLL


moderator
the labor code states that the employer is entitled to damages if you don't render the 30 day notice period. pao woill help you if you can show your family income is less than 13k a month


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Motto26


Arresto Menor
The amount that they are asking is too big. way beyond what I can pay and hindi ko kaya ma sikmura na sila ung kumikita sa pinag hihirapan kong pera na dapat pa sana ipadala ko sa aking mga magulang. Is it possible that I can file a case to Invalidate the contract? I'm earning more than 13K a month pero kulang pa ung earnings ko for my self.

By the way I already gave them a notarized promissory note as they were threatening to file criminal/civil case against me.

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attyLLL


moderator
you can file case to annul the contract in the RTC.


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tauruspt915


Arresto Menor

AttyLLL,

Do filing a case in the RTC for contract annulment immediately requires a lawyer on the petitioner?

Thanks






















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attyLLL


moderator
yes


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