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haneeya_0525

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if i want to resign , do i have to pay to my employer? i have 2 yrs. contract and 8 mos. remaining as of now, i'm planning to resign, because im not happy anymore with my work place. Dami problema, kulang sa staff, lagi late ang sahud, kung kelan kmi gsto pasahurin ng employer ska xa pnta d2. I just need to know if my need ako bayaran? kc nong bago ako d2 I had 2 mos. SALARY DEDUCTION. kaya khit ba my deduction ako need ko prin bang mgbayad if mg resign ako? pls. give me an answer..tnx

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Answers (2)


Joshua_sx1
	If you failed to finish your contract or is going to terminate your contract before it end, it is considered as "breach of contract". Unless you filed a valid complaint for terminating your contract. But that will take you forever because of the legal process involved. And you are probably into deep hell before you realize it. I suggest finish that remaining 8 months. You have already finished the 16 months and 8 months is just only around the corner. This will give no reason to your employer to ask anything from you. And at the same time, it also give you time to look for another job. Use and look the positive advantage.


Rey
	I totally disagree with Joshua’ comments or answers to Haneeya’s question. It is not always considered as ‘breach of contract’ when you terminate an existing contract. Most employment contracts (if not all) for OFWs have a termination clause wherein either parties (employee or employer) can terminate the contact so long as the reason/s for terminating it is/are in accordance with the termination clause, i.e., 1) with cause/s – as in Haneeya’s case are delayed payment of salaries, and the 2 months salary deductions. 2) by issuing a termination notice to the employer which is usually 30 or 60 days notice depending on the provisions under the termination clause of the employment contact. All Haneeya have to do is file a complaint with the nearest Philippine Embassy or Consulate (Labor Attache or POLO), or if it is possible for her to go to the Labor Ministry (or department) of the host country. Joshua’s reponse to Haneeya is most discouraging to our kababayans to exercise their rights. It also insinuates that our government agencies (embassies, consulates, POLO, POEA) are all useless entities when he said that it will probably take forever to resolve the case (if in case Haneeya will file a valid complaint) and the warning that she may fall into deep hell. Unless Joshua is representing corrupt employers like Haneeya’s.