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is there a way of getting out of service agreement?


my story:

i was trained by this company for a period of time, for that i signed a service agreement.

the service agreement states that i should be working for "x" years but for now i am not happy with my work. i have ask HR department on how to resign or leave the company or would it be possible to pay the amount of my training just to have a clean exit, but the reply is somewhat amusing: "we are not accepting payments for your training" and " actually we are filing charges for those gone AWOL". by the way i stayed more than x/2 period on my company.

just to set a premise;
1. AWOL is very ordinary in my company. ( though i heard some company security doing "visit" to the AWOLee -employer gone AWOL to their address, i never heard of AWOLee being sued.)
2. every training must accompanied by a service agreement/contract.
3. some argument they raise why we have a low salary is also due to the training.
4. way back years ago, training is free. now that trend some guys are leaving they obligate that for every training we must sign a contract. (isnt this unfair/malicious)

my point:
1. what if i simply dont wanna work in my company do they have the right to instruct/obligate me due to the fact that i have a service agreement. (isnt this a forced labor?)
2. if i insist that i will be resigning and observe one month allowance as stated by the law do they have the right not to accept my resignation?
3. is it possible that they can file charges against me if indeed i resigned properly. or though i offer my resignation properly but they refuse to accept it?
4.in order to continue the business of my company trained personnel is necessary, without a training given to employee, my company franchise may be revoke . isnt it correct that the burden is for my company not for its employees and therefore contract is uncalled for.
5. way back years ago training is free or without a contract, but when our fellows are leaving my company obligates us to sign a contract or service agreement. isnt it unfair or malicious?
thank you for your reply

1. what if i simply dont wanna work in my company do they have the right to instruct/obligate me due to the fact that i have a service agreement. (isnt this a forced labor?)

No one can force you to continue working for the company against your will. However, if you do decide to quit, then you may be liable for damages based on the service agreement.

2. if i insist that i will be resigning and observe one month allowance as stated by the law do they have the right not to accept my resignation?

No, they can only accept if resignation is rendered with the one month notice period. This is the right given to the employee.


3. is it possible that they can file charges against me if indeed i resigned properly. or though i offer my resignation properly but they refuse to accept it?

Even if you resign properly, you may still be liable for damages under the terms of the service agreement. Filing charges refers to a criminal case, this should only be a civil case.

4.in order to continue the business of my company trained personnel is necessary, without a training given to employee, my company franchise may be revoke . isnt it correct that the burden is for my company not for its employees and therefore contract is uncalled for.
5. way back years ago training is free or without a contract, but when our fellows are leaving my company obligates us to sign a contract or service agreement. isnt it unfair or malicious?
thank you for your reply

In general, it has been the experience of local employers that they spend for training of a new employee and then the employee uses the training to acquire a new job. The law allows the company to protect itself.

In my experience, some companies do try to enforce their claims against the employees if only to set an example. Demand letters are sent, or the matter is handed to a collection agency. I know of one case where the employees received training overseas then resigned, and the company did file court cases against them.

If you really feel you should resign, then do so. Once they demand payment of their claim, reject it and argue that it should be reduced proportionally to the time you stayed in the company. In the end, it's either you reach a settlement or they face the prospect of having to spend for legal fees to go after you.

thank you attyleolop! mabuhay ka!