I'm new here in this forum, I just want to ask some legal advice with our lawyers & other professionals here with regards to the subject matter.
Though I'm a new CPA which have knowledge of some business laws in our country, the Philippines, I still need your advice of which lawyers are more capable in legal matters.
It's my first work after graduation & passing the board, had my first month of being employed last December 21, 2011.
I had signed an employment contract together with the signature of the HR-head being the representative of the the company I'm working with.
After a month of service, the company breached the contract by not following the stipulations & changing some without my consent.
Right now, as I'm writing this inquiry, I listed provisions that my employer violated. Also, I provide explanations for them to know what have they violated.
Provisions from the Civil Code of the Philippines that I'm about to use:
1. Article 1308
The contract must bind both contracting parties; its validity or compliance cannot be left to the will of one of them.
2. Article 1370
If the terms of the contract are clear and leave no doubt upon the intention of the contracting parties, the literal meaning of the stipulations shall control.
If the words appear to be contrary to the evident intention of the parties, the latter shall prevail over the former.
3. Article 1338
There is fraud when, through the insidious words or machinations of one of the contracting parties, the other is induced to enter into a contract which, without them, he would not have agreed to.
4. Article 1339
Failure to disclose facts, when there is a duty to reveal them, as when the parties are bound by confidential relations, constitutes fraud.
5. Article 1170
Those who in the performance of their obligations are guilty of fraud, negligence, or delay, and those who in any manner contravene the tenor thereof, are liable for damages.
6. Article 2201
In contracts and quasi-contracts, the damages for which the obligor who acted in good faith is liable shall be those that are the natural and probable consequences of the breach of the obligation, and which the parties have foreseen or could have reasonably foreseen at the time the obligation was constituted.
In case of fraud, bad faith, malice or wanton attitude, the obligor shall be responsible for all damages which may be reasonably attributed to the non-performance of the obligation.
With regards to the termination of employee that requires one (1) month prior notice as per Philippine Labor Code is concern, I conclude that my employer as the one who breach the contract lose their right to exercise such.
Being the injured party, I have the right to resign without me being bound for damages, am I right?
Though I'm newly-hired internal auditor, I need to voice out my thoughts & feelings and fight for my right. I am more than willing to resign than to work and be fooled by these Human Resources Department.
I need your advice. Thank you & much appreciated.
Last edited by Accountant on Thu Dec 29, 2011 6:28 pm; edited 1 time in total (Reason for editing : change of spelling & for grammar purposes)