How do you resign without paying a bond?

[IGX]

A friend has a contract with his employer, with a bond of 100K, she's thinking of resigning, but she doesn't want to pay the bond since she feels its unfair.

The bond states that it is used by the company to recover from any training expenses that the employee has incurred.

Is is possible?

[FLiPMaRC]

:shock: Never heard of this before.

[DITTO]

i think your friend signed up a contract when he/she was sent to a foreign training... but if there is no contract at all before the training, then it would be unfair and illegal to pay for something he/she is not aware of... you can contest this to your employer and get a graceful exit... devils advocate, the other way to get out without paying the bond, even though you signed up a contract, is to resign and forget the clearance/graceful exit... :twisted: :twisted: :twisted: the only twist here is you can never got back to your former employer again :roll: :roll: :roll:

[1D4LV]

most employers nowadays do an amended or appended contract wherein pag may foreign training na medyo malaki expenses, they want an employee to stay for a certain amount of time just to recover costs.

although i am really against it, dahil it sorts of restricting the freedom of the employee to move on in case an opportunity to more forward is there, i would also have to go by it din. if you look at the side of the employer (or management perhaps), expense ang training, which means, it has to be recovered sooner or later. the employee that was trained should be able to recover the cost of training by applying the training to the daily operations of the company. it means that the company has the right to impose some monetary considerations in case the employee that was trained abroad resigns/terminates employment before the agreed period.

ang nakikita kong mali dito sa case na ito is that during the appending or amending of the contract before the training, the employee affected should have negotiated for a smaller bond sa employer. this is the case if there are no written guidelines (sa employees manual or such), before agreeing and signing with the terms of the training.

ngayon kung may fixed guidelines on these (including the amount of bond or the required period of stay), imho is that kung may malilipatan yung affected employee immediately after resigning from the company, pwedeng i-negotiate yan sa new company (with certain provisions and agreements again) to pay the former company the required bond amount (lalo na kung management position na yung affected employee).

also, kung walang written guidelines yung company tapos wala man lang coordination with the affected employee dun sa amending the contract, pwede syang mag-reklamo sa labor. the contract should be a two-way communication facility to seal the agreement eh. kung implemented without consulting the employee, medyo mali yun.

btw. i am a management employee kasi, and our company implemented this approach last year. medyo nagkagulo gulo initially eh. three of my current staff are affected by this change of guidelines.

[Barokbok]

I was in the same predicament three years ago. Yes, it was because of my training sa Europe kaya may contract..medyo unfair dahil work related naman yung byahe at saka ibabalik mo din sa company yung natutunan mo..pero kailangan din nilang gawin dahil protection din nila..paano nga naman kung ipapadala ka tapos pagbalik mo resign kaagad..sayang naman yung investment sa iyo..

Ilang buwan na lang tapos na yung contract ko, kaso may opportunity talaga na di pwedeng palampasin, what I did was gumawa ako ng resignation letter tapos may another letter ako na ginawa sa company na sinasabi ko na "I am forced by circumstances" na kailangan ko na talagang magresign kahit na alam kong may contract ako, sinabi ko na yung sweldo ko ay hindi na kayang buhayin yung pamilya ko. Sinabi ko rin sa sulat na lahat naman ng natutunan ko sa training na binigay nila sa akin ay naishare ko na sa mga colleagues ko at ginawa ko naman lahat ng best effort ko before I tendered my resignation. Sinabi ko rin na alam ko na may contract ako sa kanila at may bond, I asked for reconsideration at sinabi ko na kahit gusto ko man silang bayaran ay wala din talaga akong pera.

Di naman sumagot sa akin at hindi na rin nila dinemand na bayaran ko yung bond. Pero yung ibang kasamahan ko na basta na lang nagresign at di na nagpakita at ni walang turnover na ginawa..yun ang hinabol..nagbigay ng demand letter pero ang balita ko..wala rin, di na rin nagpursige yung company namin..kasi pagaaksayahan pa ba nila ng panahon yung ganong bagay?

yun nga lang dapat aware yung lilipatan mo sa situation na yon..kasi pag nagverify sila dun sa company lalabas na hindi maganda ang exit mo..pero kung ok lang sa susunod mong employer at aware naman sila sa set-up na yon oks lang...

ganyan sinabi ko sa current employer ko bago ako lumipat at ok lang sa kanila..

[IceColdBeer]

Actually mali talaga yang mga contracts na yan, though it's some kind of protection for the employers if you decide to leave without finishing your contract. First of all, wrong in the sense that they are sending you for training for their own use. It's not your choice anyway. They send you because you are qualified to do the job. If you look at it, it's all at their very own advantage. Your only advantage is that you were able to travel, but mind you, at your own expense. Now, is it really an advantage where they gained from your knowledge but you pay them back?

I've talked to a lawyer years back regarding this as we have the same case concerning my bro-in-law and he told me that if it goes through legal, the employer will lose. According to him this is some form of slavery or hostage or blackmail. A company cannot withold your quest for growth just because they paid your training expenses, which is actually for their own benefit.

I also have a cousin before who works with Smart. Same thing, he got a contract due to the training. He got a job abroad, but he cannot leave because of this contract. I talked to him and told him to ignore that contract and leave. Now he's happily working abroad.

For me, it's just a ploy where the employers is just protecting their investment, but it's one-sided and unfair for the employees. Everybody should share the risks and besides if they handle their employees fairly, they will gain their utmost loyalty.

[1D4LV]

ice cold, got the point. pero its how the way it goes. employers need profit and employees, employees need jobs... its a dog-eat-dog out there... pero i think its better than being laid off and having no work. no work means no money...

most people i know who cannot withstand management regulations just resigned, put their own business up and be their own boss.

[killer_eyes]

may question lang ako dun ha...bakit nabangit na training at ur own expense? what do u mean by that?

kasi diba pag training may matatangap kang allowance bukod sa salary mo sa pinas?

[1D4LV]

igx. it seems your questions were still unanswered..
my advise is first. try what barokbok did. baka magwork. if not, try to consult a labor lawyer. i'm sure there is a way out of this issue.

[IceColdBeer]

may question lang ako dun ha...bakit nabangit na training at ur own expense? what do u mean by that?

kasi diba pag training may matatangap kang allowance bukod sa salary mo sa pinas?

killer_eyes,
Yes meron ka ngang allowance aside from your salary, but your contract price is calculated based on the expenses of your training and converted into years of service that you have to stay in your company. So in short, binabayaran mo rin yung gastos nila sa yo.

[Barokbok]

Ice Cold Beer,

Pareho kami ng company ng pinsan mo..galing din ako ng Smart..Sure ako kilala ko yung pinsan mo..I was one of the pioneers dun, at halos nung period namin na talagang daming nagalisan ng may contract pa..


yung iba nagbayad ..pero ako gusto ko ding bayaran yun kaya lang wala talagang pambayad eh..ano magagawa nila..

nagconsult din ako sa abogado, sabi nung abogado namin, binding pa rin yung pinasok kong contrata..at kung breach yung contract..breach of contract talaga yung case..sya din ang nagpayo sa akin ng word na dapat kong gamitin.."i was forced by circumstances"..

actually nakakuha ako ng letter sa kanila na nireremind ako ng breach of contract..dun ko sila sinagot at humingi ako ng consideration..as in..dintelaye ko lahat ng achievements ko pati na ang mga grade ko sa yearly review ko..tapos pati yung naishare ko na skills sa mga kasama ko..yun na..sinabi ko rin na babayaran ko pa rin sila pag may financial capability na ako..

di na sila sumagot..so i will assume bingyan nila ng consideration yung request ko..

isa lang masusuggest ko..basta makipagusap lang kayo..sigurado naman magaatempt silang hingan ka ng pambayad sa breach of contract..hihingan ka ng post dated checks..sabi ko di ako makakapagbigay ng checks dahil blacklisted na ako sa bangko di na ako makaopen dahil nga problema ko sa mga credit cards..at kaya nga kailangan kong humanap ng ibang trabaho..

[IceColdBeer]

ice cold, got the point. pero its how the way it goes. employers need profit and employees, employees need jobs... its a dog-eat-dog out there... pero i think its better than being laid off and having no work. no work means no money...

most people i know who cannot withstand management regulations just resigned, put their own business up and be their own boss.

happy_gilmore,
Yup you're right dependent tayo sa bawat isa. I'm just not for it. Perhaps, I'm just comparing my present company to most companies in the Philippines. Here, I don't know any company that do this type of practice, but I know in the Philippines marami ang ganon. I also know lots of cases na tinatakasan sila, though di naman talaga sila naghahabol. Siguro nga panakot lang, so they can hold you for as long as they can. Management wise, I know it's just a trick because they are well aware that most people wants to travel abroad and this will be their way, but of course for a price.

[IceColdBeer]

Barokbok,

Yung sanpits ko si Mervyn Pabiona. He first worked in Guatemala and now I think he's in Nicaragua. Sabi ko nga bat dyan ka napupunta of all places he he. Sagot nya mahilig daw sya sa mga Latina he he. When he first went out dumaan sya dito and he mentioned to me that he intends to pay Smart later kc gipit pa that time and he's still consulting to a lawyer. Di ko na sigurado what transpires next. Marami din akong mga friends dyan back from school.

I think what you did is the right thing to do! Luckily they spare you and it shows that they still have a heart.

Cheers!

[killer_eyes]

ice
tnx for the explanation...well nagtaka lang kasi ako dahil im currently a trainee as of now..kaya interested din ako...

guys since mukhang madami kayong alam dito eh...eto naman ang aking situation...6 months na lang kasi eh matatapos na yung training ko....bale ayun sa training namin eh 2 years obligatory yung kapalit ng aming training...tapos nagtanong kami bago kami pumirma sa contract kung may training bond ba...well sabi wala daw...

parang mas mahirap ata yung situation na yun diba? kasi kung gusto ko na umalis kahit capable ako magbayad wala namang babayaran...

paano ang approach kung gusto ko umalis ng company after say 1 year of service sa kanila? well ok naman ang treatment ang kinakatakot ko lang eh baka dun sa obligation na 2 years namin bumawi naman kahit walang bond eh mabagal or maliit lang ang increase ng sahod namin edi hirap pa din diba?

tnx

[Barokbok]

Malihis lang po ako sumandali..

Si Mervyn!!! ngek!!! oo pre kilala ko yan..at kilala din nya ako..I know na nagguatemala nga sya since nung pumunta ako duon for a project sa Telefonica two months ago, kilala pa sya nung mga katrabaho namin don..tinatanong nga sya..

magkasama kami sa NOC ng Smart dati..


Killer Eyes,

Eh di lalong mas mabuti..At least walang bond..gagawa ka lang ng letter of reconsideration or request letter na balewalain nyo na lang yung contrata nyo...
Iexplain mo sa kanila ang mga reasons mo..kaso mukhang di magandang rason yung sabihin mo na wala kasing increase....

be creative na lang sa paggawa ng sulat....yung kontrata mo is agreement between you and your company di ba? so pwede nyo rin balewalain o iterminate mutually yung contract nyo...

[DITTO]

Your only advantage is that you were able to travel, but mind you, at your own expense. Now, is it really an advantage where they gained from your knowledge but you pay them back?

I've talked to a lawyer years back regarding this as we have the same case concerning my bro-in-law and he told me that if it goes through legal, the employer will lose. According to him this is some form of slavery or hostage or blackmail. A company cannot withold your quest for growth just because they paid your training expenses, which is actually for their own benefit.

I also have a cousin before who works with Smart. Same thing, he got a contract due to the training. He got a job abroad, but he cannot leave because of this contract. I talked to him and told him to ignore that contract and leave. Now he's happily working abroad.

the case is different if you have signed a contract before the foreign training.... you have to transfer the knowledge to other employees who was not given the opportunity in exchange of the expenses invested by the employer to you... your cousin in Smart can really ignore the contract but i'm sure he didn't have any clearance from the company... the only negative effect of this is you could no longer get back to your employer again...

[DITTO]

mas tama pa rin ang ginawa ni barokbok.... nakipagusap sa employer at maaaring nakakuha pa ng clearance... ingat lang mga peeps sa pagtakbo ng contrata... maaaring binalewala ng smart iyun sa pinsan in icecoldbeer dahil maliit lang ang halaga at hindi na hinabol... pero kung nasa maliit ng kumpanya ka, baka habulin ka at tuluyan ka ng idemanda.... maaaring manalo ka sa Labor bandan huli, pero abala at gastos din sa iyo... IMHO lang po.... :roll: :roll: :roll:

[Chip]

IGX
let me guess : accenture yan right? thats one of the reasons why i never signed with them although the package was attractive. Like the guys said u could try the carefully worded resignation letter basta wag lang takas, mahirap na ma blacklist ka sa job market e. Another method would be for the next employer to shoulder the bond temporarily then salary deduction na lang. yan nangyari sa isang friend ko e(not accenture though), she resigned, then salary deductin nlang from the next employer.
HTH

[IGX]

guys thanks sa maraming advice, i'll consult with my friend.

tama nga yung makiusap, ako i tried this also a few years back, pero d umubra so i ended finishing my contract.

Chip,

yup accenture nga yung company. they will let you sign a contract before they even hire you. either your send for training or not, me contract na since hiring process palang papipirmahin ka na...

[IceColdBeer]

the case is different if you have signed a contract before the foreign training.... you have to transfer the knowledge to other employees who was not given the opportunity in exchange of the expenses invested by the employer to you... your cousin in Smart can really ignore the contract but i'm sure he didn't have any clearance from the company... the only negative effect of this is you could no longer get back to your employer again...

DITTO,
True, kailangan mo ngang itransfer knowledge mo, that's why most companies require you to submit your resignation one month before, for them to find a replacement and for you to train them.

I'm not sure if my cousin got a clearance, since I last talked to him when he first left the country. All I know is he's planning to repay them if he can't get away with the contract, but given a time since it's considerably large amount. My adviced to him to ignore the contract is if he can't get away with it by any means except to pay straight away. You have no choice sometimes if the opportunity is there and thinking that many people rely on you for financial support as in my cousin's case.