Author Topic: Signed the contract but 3 days after employer rescinds (cancels) it (HELP)  (Read 7911 times)

timetraveller

  • Junior GirlTalker
  • ***
  • Posts: 477
Hi mga sissies :) I hope you could help me with this.

I'm a teacher who graduated March last year and my current job is my very first job. When I entered this school last year, I signed a contract with them effective from May 2014-March 2015.

A few weeks ago, there have been speculations na magtatanggalan nga raw dahil sobra sa teachers (they hired more teachers because they were in a "bridging" program). When I got hired, I was never told that this is the case -- that there is a possibility of me being forced to resign at the end of the school year since I'm an excess (I am the last one to be hired, and the rule is "last in, first out"). Nonetheless, I tried applying to different schools to have more options just in case.

Last Friday, our HR officer asked me to sign a contract. So, natuwa naman ako and I assumed that my contract will be renewed since may pinapirmahan ngang contract. I cancelled interview and exam schedules in other schools since akala ko nga mags-stay pa ako sa current school ko na 'yun.

But yesterday (Tuesday), I was told that the school is already rescinding the contract since they cannot accommodate me anymore -- that if they would still hire me, there will be a case of under loading for the other teachers. :(

During the time that they told me that they are cancelling out the contract I have signed, it was already the 3rd to the last day of the school year. :(

May habol po kaya ako? Thanks sa mga sasagot sissies. :)

17glut

  • Senior GirlTalker
  • ****
  • Posts: 651
wala ka magagawa, employer nag rescind nyan so move on ka na lang and it'd be best to look for another company na lang.

timetraveller

  • Junior GirlTalker
  • ***
  • Posts: 477
Ganun po ba 'yun? Kapag employer ang nag-rescind, wala na magagawa?

Eh bakit kapag employee ang nag-rescind, hindi ganun kadali?


Pero thanks sa input po :)

17glut

  • Senior GirlTalker
  • ****
  • Posts: 651
^kasi ang kontrata binding yan sa kumpanya at hindi sa empleyado. Since kumpanya ang nag issue nyan syempre they have all the right to change whatever is stated on it. And since pumirma ka, it just simply means you agreed to their terms and that you will play by their rules. Ganun lang kasimple yun.

Wag mo na ilaban kasi nangyari na, you can ask them if you like pero I doubt they can take the decision back sa pag rescind.


accalia

  • GirlTalker
  • **
  • Posts: 39
Hi timetraveller,

What course of action have you undertaken if any? Was it a contract of employment that you signed which was rescinded? Do you have a copy? A contract of employment, if made in accordance with the law, binds both parties and is the law between them. The employer may be liable if it unilaterally rescinded the contract especially after your mutual agreement and there has been damage caused to you.

Is it a private school? Have you discussed it with the labor authorities at the NLRC?
« Last Edit: April 30, 2015, 11:37:36 am by accalia »

aquacharly

  • Super GirlTalker
  • *****
  • Posts: 3568
Your contract is from May 2024 - March 2015.  EXACTLY up to which day of March? Check your contract. 
You are entitled to payment of your salary for the entire period of your contract, unless terminated earlier for just cause.  So, yan Lang ang habol mo -- your salaries for the entire contract period.

The school is not obligated to renew your contract. Wala ka pang 1 year, so though hindi ka na probationary, hindi ka rin permanent.  So, IMO, wala kang laban if you will file for unfair/illegal dismissal. 

Why don't you bring your case facts with supporting documents to the Dept of Labor & get free consultation there.  Warning: hwag ka pagamit sa  mga hustlers doon. As in, file a case on your behalf para harass nila school and then they drop your case pag naka gets na sila ng tong sa school. 
Always get a 2nd legal opinion.

But if I were in your shoes, move on na lang.   Good luck with your job search

Alwa

timetraveller

  • Junior GirlTalker
  • ***
  • Posts: 477
Hi timetraveller,

What course of action have you undertaken if any? Was it a contract of employment that you signed which was rescinded? Do you have a copy? A contract of employment, if made in accordance with the law, binds both parties and is the law between them. The employer may be liable if it unilaterally rescinded the contract especially after your mutual agreement and there has been damage caused to you.

Is it a private school? Have you discussed it with the labor authorities at the NLRC?

Yes sis, contract of employment. I don't have a copy since they rescinded it before it was even notarized. No action done, yet... Yes sis, private school siya.

@aquacharly, up to March 31 'yung contract ko sa kanila last year. They asked me to sign another contract for this coming school year sana (June 2015-March 2016) but they rescinded it 3 days after.

Sige sis, I might go to DOLE this week. Hingi muna ako ng advice sa mga friends ko... :) Thanks a lot po

Drax

  • GirlTalker
  • **
  • Posts: 73
A similar case happened to me before.  I was being pirated by another company.  The president of that company gave me the job offer & employment contract, and I signed the documents.  A couple of days later they told me they have to rescind the contract.  From my sources inside the company, I found out that during a board meeting one of the members found out I was being hired and expressed reservations.  Later I got word na meron pala siyang protege na gustong i-recommend for my position.  ::)

Hindi naman ako pinaglaban ng president.  Months later, I heard he also left the company.   :o

Buti na lang hindi pa ako nagresign from my old job when they rescinded the offer.  Hindi na ako naghabol kasi I didn't want to work for a company with that sort of management culture.  Blessing na rin kasi a year later, I read that the company shut down.  :P

 

Latest Stories

Load More Stories
Close