Training Bonds. Are employees really liable to this kind of agreement??

[sixelacat]

if you sign it, it's legal. simple as that.

It's not all about signatures in a piece of paper that makes an agreement legal. All agreements must still abide on our existing laws in the Philippines. If a particular condition in an agreement is prohibited by a particular law it is still illegal. You cannot allow others to violate any of your rights even with your consent (except if it is a privilege right). So it's not really as simple as that.

[sixelacat]

.. i guess so. Even if it's not in the Labor Law, the company has the previlige to make their own laws and regulation to protect their own sanctity. It's a contract, you signed it, meaning you agreed to it and you should respect it and uphold what's in the contract.

Yes, the companies have privileges to create or formulate its own rules and regulations. Provided, it will not be against or in violation of any law. Even our local government units, which are considered as part of the government doesnt have the right or privilege to do it. "No provincial, city or municipal ordinance can supersede a national law". It also applies with private companies.

[esprugodoys]

Yes, the companies have privileges to create or formulate its own rules and regulations. Provided, it will not be against or in violation of any law. Even our local government units, which are considered as part of the government doesnt have the right or privilege to do it. "No provincial, city or municipal ordinance can supersede a national law". It also applies with private companies.

thank for the somehow legal inputs sixelacat.. that is what i am really anxious to read.. a post from someone who is knowledgeable in the field of labor code because i am honestly a bit confused on this training bonds. this agreement has never been a pro worker act right from the start. i don't find it an excuse as well so the company could FORCE an employee to work for them regardless of the employee being contented or not with what he/she is receiving eg. fat paychecks.... what does it do to an employee who is never happy let say for example with the people he/she is working for?

[sixelacat]

There are many laws that apply to these issue. The company may also have their own rules and procedures on how to deal with it. However, the company has a limited authority to sanction their employees. The only worst thing that they can do is terminate an employee and on the employee's side, he would only be losing some time of experience to show to his next employer that he had been in a particular job. But just beware of other conditions that the contract might have. A contract may have a condition which will not be honored in court, but it doesn't make the whole contract void.

[esprugodoys]

There are many laws that apply to these issue. The company may also have their own rules and procedures on how to deal with it. However, the company has a limited authority to sanction their employees. The only worst thing that they can do is terminate an employee and on the employee's side, he would only be losing some time of experience to show to his next employer that he had been in a particular job. But just beware of other conditions that the contract might have. A contract may have a condition which will not be honored in court, but it doesn't make the whole contract void.

citing on a post from a fellow istoryan wherein it was mentioned that the company will fire the employee for due to non-performing and the employee is STILL liable to settle the amount stated for the bond.. that part is a little concern for me as i find it practically unfair to all employees who are under the shade of the training bond. one way or the other, time will come that they will find a better company with very competitive offer. so how will they go about it?

[sixelacat]

citing on a post from a fellow istoryan wherein it was mentioned that the company will fire the employee for due to non-performing and the employee is STILL liable to settle the amount stated for the bond.. that part is a little concern for me as i find it practically unfair to all employees who are under the shade of the training bond. one way or the other, time will come that they will find a better company with very competitive offer. so how will they go about it?

Legally speaking, if you will base it on Labor Code, an employee may still be liable for any damages that he may cause to the company if he decides to terminate his services. It may however only apply if the employee failed to inform his/her company that he will leave the company.(It must be in a period of 1month except if the grounds would be due to disease that an employee might be suffering). The employee may still terminate it's contract even without notice if the grounds of termination would be if there was a serious insult from the employer or from its representative against the honor or person of the employee, inhuman or unbearable treatment by the employer or it's representative, commission of a crime by employer against employee or any other acts analogous to what I mentioned.
In terms of monetary bonds that you have to pay, the constitution provides that no person shall be imprisoned for non-payment of debt. So there is nothing you can do if a person is no longer capable of paying the bond. hope it made sense.

[esprugodoys]

Legally speaking, if you will base it on Labor Code, an employee may still be liable for any damages that he may cause to the company if he decides to terminate his services. It may however only apply if the employee failed to inform his/her company that he will leave the company.(It must be in a period of 1month except if the grounds would be due to disease that an employee might be suffering). The employee may still terminate it's contract even without notice if the grounds of termination would be if there was a serious insult from the employer or from its representative against the honor or person of the employee, inhuman or unbearable treatment by the employer or it's representative, commission of a crime by employer against employee or any other acts analogous to what I mentioned.
In terms of monetary bonds that you have to pay, the constitution provides that no person shall be imprisoned for non-payment of debt. So there is nothing you can do if a person is no longer capable of paying the bond. hope it made sense.

finally i got very clear explanation with this training bond issue. now i remember 1 company that has this indicated on the fine print...... should you resign within the period of 4 months from the start of training you will be liable to settle the amount mentioned.

in this scenario, i can say the company is really smart enough to cover loopholes in the contract. so my assumption for this is that for any employee who decides to take another competitive offer from a different company would think of going AWOL rather than giving prior notice of leaving the company.

[sixelacat]

finally i got very clear explanation with this training bond issue. now i remember 1 company that has this indicated on the fine print...... should you resign within the period of 4 months from the start of training you will be liable to settle the amount mentioned.

in this scenario, i can say the company is really smart enough to cover loopholes in the contract. so my assumption for this is that for any employee who decides to take another competitive offer from a different company would think of going AWOL rather than giving prior notice of leaving the company.

Yes, because if an employee committed AWOL. No questions need to be asked. all the employer must do is to send the employee 2 letters and the contract will already be terminated.

[rambutan]

mao ra ni ako comment ani.. it's a company policy done by some BPO companies.. it's common. imposible na wala kabalo ang DOLE ani.. so if they practice it, maybe, it's legal..
going back.. it's an AGREEMENT.. it's an agreement between you and the company u are admiring to work with. if u don't want it, get lost! find another company who does't have this policy. simple!

[esprugodoys]

mao ra ni ako comment ani.. it's a company policy done by some BPO companies.. it's common. imposible na wala kabalo ang DOLE ani.. so if they practice it, maybe, it's legal..
going back.. it's an AGREEMENT.. it's an agreement between you and the company u are admiring to work with. if u don't want it, get lost! find another company who does't have this policy. simple!

thank you for your inputs... now it maybe easy for some to say find another company, but in reality it's not that simple as anyone may find it be.. it boils down to one reason why we look for jobs, and that is to earn. selfishly, i will take whatever opportunities i can get to be able to earn big. and earning big isn't just offered by 1 company, that is why competition exists among them.

if you are in the midst of a financial problem, you will definitely grab the first job that you can get just to survive regardless of the agreements set by the company. by then, greener pasture comes in which is a really practical reason by most employees who decides to leave a certain company.