BONDS: how does this work...legally.

[Hentai_Yin_Moko]

Good day to all.

Hoping for people in the know (specially those in the business of LAW) to help me out....

Id like to ask if may bond ka for 1 year..... then the company would liketo terminate your contract ng hinde pa tapos ang 1 year... does that mean you have to pay the BOND?

3 scenarios....

1. sub par ang performance mo.
2. OK lang ang performance mo... and there are employees whose performance are worse than yours pero hinde naman i-terminate.
3. Your doing average.



thanks

[council]

Good day to all.

Hoping for people in the know (specially those in the business of LAW) to help me out....

Id like to ask if may bond ka for 1 year..... then the company would liketo terminate your contract ng hinde pa tapos ang 1 year... does that mean you have to pay the BOND?

3 scenarios....

1. sub par ang performance mo.
2. OK lang ang performance mo... and there are employees whose performance are worse than yours pero hinde naman i-terminate.
3. Your doing average.



thanks

Generally, you only pay the "bond" when you voluntarily leave the company.

[guest_1110]

if the company's the one who's going to end your contract, you don't have to pay anything. ano yun... ikaw na nga tinanggal ikaw pa magbabayad? aba lokohan na yan! hahaha!

[real madrid]

ang company na ang siyang nag-terminate ng bond
so wala ka ng problema, no need to pay the bond.

so sad di ka naman pwedeng bataran dahil ternimate nila ito.

[Hentai_Yin_Moko]

Thanks for the fast reply guys! :) I really appreciate it.


So even if they have "reasons" to end your contract you are still not liable to pay the bond?

Are there any solid rules in the Labor Code about this? or anything people can look into or quote from? Some sort of reference maybe?

[council]

check the contract that you signed for clauses on payment, resignation or breach of contract.

there's nothing on that in the labor code since the bottom line is it's part of a contract for services that you have to render for training, travel or other causes that are shouldered by the company.

[bryanwizard]

ako ask din:

pinag aral ako ng company for 1 yr...

balak ko na sanang umalis... 2 yrs akong bond.

1yr and half na ako hindi ko kasi gusto ginagawa ko alang improvement.

[council]

ako ask din:

pinag aral ako ng company for 1 yr...

balak ko na sanang umalis... 2 yrs akong bond.

1yr and half na ako hindi ko kasi gusto ginagawa ko alang improvement.

and your question is... ?

[bryanwizard]

kung puwede naba ako umalis at hindi mag bayad ng bond

[council]

kung puwede naba ako umalis at hindi mag bayad ng bond

best that you ask your company about it.

but offhand, i'd say no.

bond is for 2 years, not 1.5, so unless management is willing to waive the remainder na 6 months, you will have to comply with what the contract states, or pay what is due.

[mgtudio]

my ex-officemate was terminated tapos nasa clause pala sa contract namin na if ever ma terminate ka you need to pay 100K to pay for the expenses.
ok lang ba na meron ganito na clause sa contract? kasi di ata namin to napansin when we signed it.
reason for termination was failing a client interview thrice. and the hr claimed that *** daw alam yung tao sa technology kaya kailangan *** i terminate. tama ba ito? i mean you are hired tapos if hindi *** makahanap ng project sa iyo they will terminate you.
thanks

[guest_1110]

^ That's what's scary about contracts with bonds eh. It's advisable to consult a lawyer first before signing one. Kasi alam mo there's really a minimal chance that things will eventually go wrong.

Another thing, you should really fully understand the contract before signing it... especially when there's money involved. You're lucky pa nga naka-state dun yung amount. I have a batchmate kasi sharing that one contract daw walang nakalagay na amount yung babayaran. Imagine that di ba? Kahit anong amount pwedeng singilin sayo.

My advice... if it's stated there... then wala kang magagawa. You have to comply with that. Pero meron ba dun details about when they can terminate you? I suggest puntiryahin mo muna yung pagka-terminate sayo. If dahil hindi na sila makahanap ng project sayo (yany *** pagkaintindi ko ah... puro *** kasi yung post mo) kaya ka nila tinanggal, well I think that's no reason for termination. I think lang ah. Parang against human rights.

Yun na lang muna advice ko sayo. Tignan mo talaga kung justifiable ba yung pag-terminate sayo. If talaga naman hindi ka-gandahan performance mo, then just pay the amount... look for a better job... and don't make the same mistakes again.

[bryanwizard]

@council,

may new contract kasi ako na pinirmahan sa kanila..

nakalagay dun na supersedes all oral and written communications between you and the company.

yung new contract ko alang ng bond dun...

[council]

@council,

may new contract kasi ako na pinirmahan sa kanila..

nakalagay dun na supersedes all oral and written communications between you and the company.

yung new contract ko alang ng bond dun...

can't give a fair assessment or comment unless i see the document.

[council]

my ex-officemate was terminated tapos nasa clause pala sa contract namin na if ever ma terminate ka you need to pay 100K to pay for the expenses.
ok lang ba na meron ganito na clause sa contract? kasi di ata namin to napansin when we signed it.
reason for termination was failing a client interview thrice. and the hr claimed that *** daw alam yung tao sa technology kaya kailangan *** i terminate. tama ba ito? i mean you are hired tapos if hindi *** makahanap ng project sa iyo they will terminate you.
thanks

the "usual" contract clause is that if the employee is terminated through no fault of his, he does not have to pay the bond.

However, as in the case above, it's not the company's sole decision so the contract may be fully enforceable.

[bryanwizard]

council may i know your mail... i will send it to you.

[bryanwizard]

blv_36@yahoo.com may mail

[council]

council may i know your mail... i will send it to you.

legal@council.ph and legal_opinion@yahoo.com

send to both.

[tickles2128]

good day council, pwede po ba ako mgsend din sa inyo about sa problem ko sa company bond namin

[real madrid]

is a company have the rights to keep a person's passport
just beacuse they are the one pays the processing fee?

the time that they send the person to get a passport
they dont tell the person that when the company pay for the
processing fee they will keep the passport, but when
the person pay the processing fee they wont keep
the passport. they dont tell the option .... (ang daya)

and in order for the person to get the passport for personal
use you have to ask the office like " i want to borrow my passport"
absurd! and sign a document.

is this legal?

[council]

good day council, pwede po ba ako mgsend din sa inyo about sa problem ko sa company bond namin

Go ahead. :)

[mgtudio]

^ That's what's scary about contracts with bonds eh. It's advisable to consult a lawyer first before signing one. Kasi alam mo there's really a minimal chance that things will eventually go wrong.

Another thing, you should really fully understand the contract before signing it... especially when there's money involved. You're lucky pa nga naka-state dun yung amount. I have a batchmate kasi sharing that one contract daw walang nakalagay na amount yung babayaran. Imagine that di ba? Kahit anong amount pwedeng singilin sayo.

My advice... if it's stated there... then wala kang magagawa. You have to comply with that. Pero meron ba dun details about when they can terminate you? I suggest puntiryahin mo muna yung pagka-terminate sayo. If dahil hindi na sila makahanap ng project sayo (yany *** pagkaintindi ko ah... puro *** kasi yung post mo) kaya ka nila tinanggal, well I think that's no reason for termination. I think lang ah. Parang against human rights.

Yun na lang muna advice ko sayo. Tignan mo talaga kung justifiable ba yung pag-terminate sayo. If talaga naman hindi ka-gandahan performance mo, then just pay the amount... look for a better job... and don't make the same mistakes again.

thanks for the reply. hindi po ako ang na terminate it was an ex-officemate ko. i was just trying to ask people around what they think kasi kawawa naman kasi for me personally "termination" will be in your 201 file and will basically destroy your career...

Me and a couple of other officemates got "redundant". We were lay off (last December, effective Jan) since the company could not provide us with project we got a separation pay but we also had an issue with the leaves since our HR Manager told us that our leave will be credited on our last pay but when we claimed it there was to paid leave. By the way I was a regular employee as well as the other "redundant" people.

I already found a new job and started last January also :) And I am currently receiving higher than what I used to receive. And this organization is much stable than the ex