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Employment Contracts - Need Samples

Discussion in 'Banking - Investing - Finances' started by SkipJack, Oct 1, 2020.

  1. SkipJack

    SkipJack DI Forum Adept

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    Hello everyone,

    Can you forward me a copy of an employment contract for someone you know working for Filipino companies including foreign owned BPOs? You can redact their personal information to protect their identity.

    I am not used to the employment contracts here. Many of the people who I speak to about potential employment seem to think that they cannot leave their current employer. They are worried about repercussions as a result of their contract with their current employer. Something about training costs.

    Where I come from, employment is "at will". It is common for employees to leave their employers for better paying jobs elsewhere. This is what drives up wages.

    Here, it seems that employees feel required to stay with an employer until their contract is finished.

    I would like to see some contracts from other companies so I know what is leading potential recruits to think they cannot leave.

    Thank you in advance.
     
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  2. Jack Peterson

    Jack Peterson DI Forum Luminary Highly Rated Poster SC Connoisseur Veteran Air Force

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  3. Rye83

    Rye83 with pastrami Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    On top of this it is common practice for BPOs to open bank accounts for their employees...and they retain full control over that account, being allowed to deduct any training fees from the account balance, lock and close the account if the employee quits. If the employee didn't open their own account and transfer all paychecks immediately upon getting paid they are SOL. Shady AF that banks (and the government) allow this to happen.

    You should probably contact a lawyer to have contracts written up. They are going to know the local laws and there may be some employment laws that are specific to the type of work need done.
     
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  4. Dutchie

    Dutchie DI Forum Adept Showcase Reviewer Veteran Army

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    Hello Jack,
    A "normal" employment contract (if it resembles the international standard) would have a clause with regard to termination by the employee, and it would have a termination grace period (you can't leave on the day you resign, a normal termination period would be two months.
    Further clauses may stipulate that if the employer paid for further education/training, there will be a minimum required employment period after the education/training has been completed. Obviously the length of such a period will depend on how much was spent by the employer. It's not at all unusual that if an employer pays for a multiple year course that ends with a University Degree (e.g. an MBA), and allows the employee many hours of paid study leave, that there will be a 5 year minimum employment period, and if the employee terminates before the end of such a period, that he will be liable for a sum of ........

    However, I would think that in the Philippines things are a little different.
    Please consider carefully:
    1. there might be a fair bit of intimidation in the relationship between employer and employee;
    2. someone you might wish to employ might simply choose to be polite when turning you down "because I can't leave my current job" (if there's one thing this country excels at, it is "not being direct")
     
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  5. Jack Peterson

    Jack Peterson DI Forum Luminary Highly Rated Poster SC Connoisseur Veteran Air Force

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    Hey i am only the messenger answering a request, Let's not forget where we are
     
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    SkipJack

    SkipJack DI Forum Adept

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    I am from the USA, so these employment (slavery) contracts are completely foreign to me. Another small bit of enforcement of the status quo and resistance to change. It reminds me of Europe.

    In the Philippines the law states that the employee must give 30 days notice upon resignation. If they do not give 30 days notice they can be liable to the employer for damages.

    https://ndvlaw.com/how-to-resign-properly-in-the-philippines/

    From what I hear the employers attorneys build all kinds of intimidating language into the contract. The employees are not attorneys so the contracts look like they have to stay for the entire length of the term. Makes for a great way to reduce turnover and hold wages down.

    I will just have to schedule for this and look at a more long term recruitment process.
     
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  7. Rye83

    Rye83 with pastrami Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    I have signed many employment contacts working as a defense contractor for the military. The possibility of the company recouping training fees if you quit before your contract ended was in every single one of them, though this was only ever done when a person quit less than two months into the year long contract and only if the person didn't have a valid reason (family trouble or illness).
     
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    SkipJack

    SkipJack DI Forum Adept

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    Yes, but that was only direct costs paid to third parties for training. (School tuition, parking fees, etc.) Not anything else the employer wanted to toss in on a whim.

    In the Philippines the damages are a bit open ended. The employer can hold the employee liable for many things beyond direct training costs. Or at least appear intimidating in the contract.

    The point is that they are much more intimidated about leaving their current employer (as compared to people in the US) even when there has not been any third party training paid for by their employer.

    Unlike in the US where people move around freely to improve their career.
     
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  9. Glendazumba

    Glendazumba DI Forum Adept

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    Once you're hired, they will give you a contract. Read it thoroughly before signing. When you want to resign or leave the company, the best reason should be health reasons. The company can't stop you if it has something to do with your health.
     
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