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Relief from Contract

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1 Relief from Contract on Sat Dec 17, 2011 3:20 pm


Arresto Menor
I have a friend who have signed up as a consultant in a company. Her contract indicates a clause on Liability for Consultant's Pretermination. She signed the contract but the same was not notarized and the only copy is with her since the company asked her to have it notarized.
Right now, she is no longer happy with the company and wishes to resign. In fact, she have already signed a job offer from another entity.
Would she be liable even if the contract was not notarized? What would be the repercussions should she leave prior to end of her contract? Could her current company prevent her from joining the new one?
Help please.
Thank you.

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2 Re: Relief from Contract on Sat Dec 17, 2011 7:14 pm


Resignation in good faith should be preceded by tendering the indispensable requirement of notice preferably in writing at least one 1 month before the intended date of severance of employment through voluntary resignation; however, if she abandoned her post with complete disregard of the legal implications of which, knowing fully the prejudice it may cause her employer;breach of contract is egregiously committed inchoate satisfaction from work is foreign among the legal grounds expressly provided under the Labor Code. The fact that the contract is not notarized does not negate the validity of the contract, bear in mind that contract is the meeting of minds as contemplated under the Civil Code the mere fact that it was reduce in writing merely create a documentary evidence that indeed the contract had existed;thus, notarization is a legal tool only to change the character of the document from private to a public one from time the lawyer stroke his pen and affixed his notarial signature.

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