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Breach of Contract ( what case should i file in NLRC?)

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Bruce26


Arresto Menor
Good Evening Atty,

On October 5, 2011, I was called by a recruitment officer in a call center company and offered me a position as a Technical Representative for a day shift account. I accepted the invitation and went to the office to undergo the recruitment process. During the interview, the recruitment officer confirmed that indeed the position I was applying for is on a morning shift.
I passed the recruitment process and signed the job offer thinking that I would be on a day shift account. I was given a training schedule and was a bit confused as the training would commence from 12 midnight to 8 in the morning. Weeks after, I happen to ask my trainer regarding our work schedule after the training. She said that the account I am into now is on a regular graveyard shift and she didn’t know why I was told that it would be on a morning shift.
I was misinformed. The work schedule I have now is in conflict with my personal schedule because I am a single parent. I accepted the offer because I was told that the account I would be placed into is on a day shift schedule. With this, I felt demotivated to continue with the training.

I sent an email regarding this concern to my immediate supervisor and a week after I was called by the recruitment officer who conduct the interview during the day of my application.She denied all of that and she said she never mentioned that the job is for a regular morning shift.She also said it will take 9 months for me to be transfer into a day-shift job (I am now in a floating status). I feel that I am violated and misinformed, I want to know if this is also covered of "Breach Of Contract" case? She also said that they will terminate me if i will not accept my work assignment. Can I a file a case against them for Breaching the contract? and I also need an additional advice of what to do on this type of situation.what case should i file in NLRC?

Thank you and God bless!

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attyLLL


moderator
do you have any documentary evidence at all of this alleged promise you will be in the day shift?

they put you in floating status? did you refuse to report for the shift given to you?


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Bruce26


Arresto Menor
1.None, it is a verbal promise, during the contract signing I also ask them why it is not written in the contract that the job is for a regular morning shift.

2. I finished the training but after that I sent an email regarding the work schedule. Yes, I refused after they mentioned that I need to wait for 9 months to be transfer in a day shift job.

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attyLLL


moderator
there is a principle that when a contract is put into writing, any verbal agreements non included are no longer honored. while you may file a complaint at nlrc, i'm afraid that it may not prosper. i recommend you negotiate to work something out.


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[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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Bruce26


Arresto Menor
thanks for the advice atty.

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