anyone who knows the law esp. on employment contract, please help.
By jessan55
@jessan55 (73)
Philippines
April 17, 2008 7:03am CST
It happened one and a half years ago when I applied for a job in the company where I am now employed. After the interviewer, who is also the owner of the company, said that I was accepted for the job, he asked me to make a letter(handwritten) stating that I would not leave the company or look for another job until I could serve the company for five years. Of course, he did not force me to write it, but I thought that it was just a mere letter and it was not valid as an employment contract which the company could use against me if ever I would leave before the five years will end. A friend told me that it's already good as a contract. Do you think that letter is as good as an employment contract according to the law? Can the owner hold it against me? Please help!
1 person likes this
2 responses
@urbandekay (18278)
•
17 Apr 08
It is hard to say as you do not say, from which country you are and although most law is based on the system of law developed in England there are significant differences. So, you need to consult an expert from your own country but in UK any contract needs to be fair and reasonable and if you could show that such an condition of you gaining employment was not then you might be able to escape your commitment.
all the best urban
1 person likes this
@urbandekay (18278)
•
18 Apr 08
Also, without the letter it is hard to say but there is also reason to believe it may not be a contract. In English Law certain conditions must be met for a contract to be valid; there must be an offer of contract and acceptance of it and both parties must gain something from it. If the letter just states your intention I do not see it as a contract, unless you state something to the effect of, "I am happy to accept the job you offer and accept the condition that I will not leave your employment..."
all the best urban
1 person likes this
@jessan55 (73)
• Philippines
20 Apr 08
The letter just stated that I would not leave the company until the 5 years is consummated. This really bothered me since the letter was kept on file. The reason why my employer told me to write that letter was because in the past many of his employees, after gaining considerable experience in his company just left and he could not do anything. He said most of his employees were pirated by other employers after they gained work experience.
1 person likes this
@sedel1027 (17846)
• Cupertino, California
17 Apr 08
Since it is a handwritten letter it would hold up in court as a legally binding contract.
@urbandekay (18278)
•
18 Apr 08
A hand written letter is just as binding as any other, even a verbal agreement can be a binding contract if you can prove it took place.
all the best urban
1 person likes this
@questionsnoanswers (622)
• Canada
19 Apr 08
Age could has a factor as well, Some countries dont allow contracts to be signed by those under 18-21, etc whatever the age of majority is in that country. Some countries say that a paper contract is nothing unless notorized or with a signed witness... Its worth looking into your government laws.
