Legal Question in Employment Law in Philippines

I am knowledgeable regarding my company's training bond; the terms were stated on my employment contract, which i signed voluntarily. for the past months with the company they've given me 6 trainings - costing 500K or more. With my last training, I'm not aware that the company has already registered me for that. I was surprised when they told me that I need to attend it since it was already paid - as for me, another 50K in my bond bucket! All these trainings were not requested by me, all of these were company requirement trainings.

My bond is residual. In my contract the bond starts upon completion of the training (bond - day 1). If I decided to leave the company within 6 months period i need to pay 100% of the training cost, seventh month to a year i need to pay 50%.

The problem is when an employee is about end its bond, they will immediately register him/her for a training beyond their knowledge - so the bond continues, the employee will be forced to stay.

I want to leave the company already and there are lots of good offers i have missed/declined in the past because of the bond. I want to resign because my salary is not enough to sustain our needs anymore, by the way I'm a single mom and my son is already studying. Other than the compensation, the work is becoming extremely stressful, i feel that I'm not effective and efficient anymore for my role and there is no self-fulfillment. It is also affecting my capability to be a mother to child to due the stress i'm getting at work. I always feel tired and sleepy.

Is the training bond stated on my employment contract is something that can be seen on the labor code as to protect a company? Is the employment contract enough to file a legal case to the employees? I know my company's policy regarding bond, it is simple and very direct, can the amount be changed or adjusted after/during the court hearing or can the court completely deny the cost - in case the company file a case against me/us?


Asked on 6/23/12, 9:32 pm

1 Answer from Attorneys
VOLTAIRE T. DUANO VOLTAIRE T. DUANO LAW OFFICE

You can write your employer that before including you in some trainings/seminars etc. your consent should be obtained. They cannot use that clause to unfairly keep you as their employee. My opinion on this if you signed the contract under the circumstances you mentioned your consent could be vitiated by undue and improper influence.You can resign if you want.

Read more
Answered on 6/24/12, 6:15 am


Related Questions & Answers

More Labor and Employment Law questions and answers in Philippines