Ginawa po akong storekeeper nang aming compania at eto po di naaayun sa pinirmahan kong contrata. May nawala po akong piyesa at ikakaltas nang aming kompania ang nawala piyeasa. May karapatan ba silang gawin eto?
Atty. Bimbi
is a Legal expert
in the Philippines
First, if you had been deployed under an employment contract registered with the POEA, giving you work that is different from the work stated in the contract is illegal. That is contract substitution. Changing any of the terms and conditions of the employment contract such as salary, or duration of employment is also illegal.
Since you already accepted the new terms and conditions by discharging your duties under the new contract, you have already accepted the new contract. If the salary deduction for a lost part (which is company property) is stipulated in your new contract of employment, you cannot object to it. What you can do is repatriate -- go back home and sue the agency for violation of your original contract. But this cannot give you the benefit of returning to you what was deducted from you under the new contract. Please see a lawyer. I have not seen any of your documents but I have only relied on the facts as you posted here. Find a lawyer. If you are still abroad, go to the consulate and ask advice from a labor attache. They will be familiar with the labor laws of the country you are in.
Since you already accepted the new terms and conditions by discharging your duties under the new contract, you have already accepted the new contract. If the salary deduction for a lost part (which is company property) is stipulated in your new contract of employment, you cannot object to it. What you can do is repatriate -- go back home and sue the agency for violation of your original contract. But this cannot give you the benefit of returning to you what was deducted from you under the new contract. Please see a lawyer. I have not seen any of your documents but I have only relied on the facts as you posted here. Find a lawyer. If you are still abroad, go to the consulate and ask advice from a labor attache. They will be familiar with the labor laws of the country you are in.
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