No start and end dates in employment contract, but company accusing me of breach of contract

Mikko Erasga
is in Malaysia

I am an expat from the Philippines and I have a category 2 employment pass that is valid from June 8, 2016 to June 8, 2018. My salary is 3,200 ringgit monthly. I want to ask if my working visa act as a contract? Because my company said that i breach my contract for not finishing 2 years of employment. But i did not sign any contract that stated that i need to finish for 2 years. It is only stated that i need to give my written resignation 6 months in advance. I just resigned last April 1, 2017 and i need to served until September 27, 2017 and now they do not want to give my certificate of employment that i need to apply for tourist visa on us this coming June. I really need your advice. Hoping for your reply. Thank you regards.

 

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Adelaimar C Arias-Jose
is a Legal expert in the Philippines
First of all, I take it that you have been directly hired by this Malaysian firm? You did not pass through the POEA? That is why you do not have a certificate of employment.

Ito ang isa sa mga problema ng mga taong direct hire. Kaya ang direct hiring ay bawal sa ilalim ng Labor Code. kasi nga dehado ang OFW.

Dahil sa ikaw ay directly hired, the only recourse you have against your employer is to file a case at the Labor Office of Malaysia. Sila lamang ang makakatulong sa iyo.

Kung dumaan ka sa POEA, kahit na ano pa ang mangyari sa iyo sa Malaysia, pag-uwi mo, ang agency sa Pilipinas ang iyong puedeng idemanda for damages or for illegal dismissal.

Please read this post:

http://www.buhayofw.com/legal-advice/labol-and-employment/epekto-ng-direct-hire-sa-iyong-mga-karapatan-bilang-ofw
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About the author

Adelaimar C Arias-Jose

I am a graduate of the UP College of Law. Member of the Integrated Bar of the Philippines since 1995. I am currently involved in private practice in criminal, civil and labor law.
Profession: Lawyer
Adelaimar C. Arias-Jose
Office Address: #34 St. Michael Street
Philippines , Manila , Makati
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