Department of Labor and Employment(DOLE)

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Date: May 22, 2021, 10:04 p.m.

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Date: 2021-05-25 15:39:23.000000

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Date: 2021-05-25 16:42:43.000000

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Date: 2024-02-08 15:15:53.725947

Labor Code vs Company Contract

Published by Department of Labor and Employment(DOLE) on May 22, 2021.
Requested from DOLE by L. Nicdao at 10:04 PM on May 22, 2021.
Purpose: Personal use and reference
Date of Coverage: 05/22/2021 - 05/22/2021
Tracking no: #DOLE-551778570272

A.BAYONA May 22, 2021, 10:04 p.m.

Hello! My contract w/ a company states that I should satisfy 3-months stay with the company (6 months contract). In case of pre-termination by employee, will render 60 days and pay a Php100,000 indemnity/bond. I submitted my resignation w/ 30 days notice but haven't completed the 3months yet and the company doesn't want to accept my resignation saying I have to render 60 days and pay the bond. Article 300 (285) of the Labor Code states that an employee may terminate relationship by serving written notice of at least 1month in advance. Will the labor code supersede the contract? Thank you!

J.BARBOZA May 25, 2021, 3:39 p.m.

May 25, 2021 Dear April Marie, Thank you for your request dated May 22, 2021 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Labor Code vs Company Contract. We received your request on May 22, 2021 and will respond on or before Jun 11, 2021 10:04:47 PM, in accordance with the Executive Order's implementing rules and regulations. Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEURPTEUtNTUxNzc4NTcwMjcyDA, for request with ticket number #DOLE-551778570272. Thank you. Respectfully, Jann Barboza FOI Officer

M.VALEROS May 25, 2021, 4:42 p.m.

May 25, 2021 Dear April Marie Bayona, Greetings! Thank you for your request dated May 22, 2021 10:04:47 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch. You asked for Labor Code vs Company Contract. With regard to your concern, the policy on pre-termination of employee of the contractual relationship is not within the purview of management prerogative as the policy runs contrary to labor laws particularly Article 300 (285) of the Labor Code which states that an employee may terminate relationship by serving written notice of at least 1month in advance. National laws are always superior to company rules and policy. When the two are in conflict, the National laws always prevails over the latter. You may asked for assistance with the DOLE RO/FO having jurisdiction at your workplace where a conciliation mediation procedure or SEnA may be done to help resolve your concerns. Thank you. Respectfully, Mark Valeros FOI Receiving Officer

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