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Hi may I confirm , if is it rightfull for employer to indicate All provisions of laws on agency,labor,welfare and social legistlation to not apply in our contract.

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apohadin@yahoo.com


Arresto Menor
Hi may I confirm , if is it rightfull for employer to indicate All provisions of laws on agency,labor,welfare and social legistlation to not apply in our contract.


Sad

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timbong


Arresto Menor
NO. It is not correct for the employer to state in the employment contract that all laws on agency, labor, welfare and social legislation do not apply with the contract signed in the Philippines.

Articles 1306 and 1409 of the new Civil Code provide:

ART. 1306. The contracting parties may establish such stipulations, clauses, terms and conditions as they may deem convenient provided they are not contrary to law, morals, good customs, public order, or public policy.

ART. 1409. The following contracts are inexistent and void from the beginning:

(1) Those whose cause, object or purpose is contrary to law, morals, good customs, public order or public policy.

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marcial


Arresto Menor
...but since you presumably needed the job, you could just sign the contract... anyway, such stipulation is not binding (void from the beginning) for being contrary to "law, morals, good customs and public policy"...

...it does not speak well of you as a worker if you question the employer even before you get employed... they might have no time to revise the contract for you, thus you're technically fired before you're even hired...

...you could also find a new employer...

...good luck...

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ishko


Arresto Menor
your contract may not be an employment contract but another contract

this may be the meaning of that provisions

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thelsfaith


Arresto Menor
good day! how is it that the employer get the contract from the employee without giving a copy with them? and the recruitment agency tells that they don't have a copy of the contract, is this possible?

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