Forced to sign a document and to pay large amount. What to do so he can go home?

Mark Lopez
is in the Philippines

My colleague was forced and threatened to sign a document claiming he steals money from the company. The company did not give his salary and wants him to pay the company a large amount. What can he do about it? The company holds his passport and he has no money. He wants to get a NOC (No Objection Certificate) so he can work temporarily in another company, so he can pay them and get his passport and go home. Please advise. Thank you.

 

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Adelaimar C Arias-Jose
is a Legal expert in the Philippines
I don't really know what he can do about it. First, you did not state what country your friend is working in. Second, you did not state if your friend is working under a POEA approved employment contract. Third, why would your friend sign a document admitting that he stole money if he did not?

This is one of the dangers that an OFW faces. He is alone and he is vulnerable. He may not understand the language or the legal system. He must ask assistance form the labor attache or the embassy. I am sorry I cannot be of more help.
Mark Lopez
is in the Philippines
Thank you Atty. Bimbi for your response. I rather not mention the country here for my friend's safety because who knows the company might be reading this post? It is a Gulf country.
In his first contract, it was processed by a POEA approved agency. But upon renewal of his contract wherein he was promoted to a management level, he just signed an internal contract and did not go to the agency anymore.

This company is sales oriented. But the problem is it is authoritarian or dictatorial and they keep changing their commission and monthly target in the middle of that month already running until it becomes unattainable already. So in order to meet the quota, my friend allocated some of the sales to an item not salable. This practice is not uncommon considering the company's ever-changing commission is becoming more and more unreasonably difficult to attain. But the company found out about my friend's sales allocation so they suspended him and forced him to sign 2 to 3 documents claiming that he stole money from the company even though he did not. The camera showed that he put money in his pocket because there was no change available (which is a common practice to take home even the sales for that night if the accountant is due to the following day.) But he did not steal anything. The problem is that the camera has no audible system. But my friend knew very well there is a camera so there is no way he would even think of stealing money.

He already went to the embassy but the staff there said if he wants to file a case he would have to be put to the jail first while the investigation is going on. So he did not file anything to avoid going to the jail.

Now this cruel company is seeking some customers' support to complain against him in order to gain strength to file a case. My friend is homeless now and in debt because the company did give him his salary, is holding his passport and has no NOC. Furthermore, this evil company is threatening to cut his hand, put him in jail, etc. He is mentally, emotionally and financially tortured by this company. He became so depressed and wanted to end his life already. (Only God is keeping him alive. I've been sharing God's Word to him.)

So what is the best thing to do now? Thank you.
Adelaimar C Arias-Jose
is a Legal expert in the Philippines
The best thing to do (if he is not prosecuted for theft) is to repatriate to the Philippines and file an illegal dismissal case with the NLRC against the agency here.

If it is true that he did not steal any money from the company and if there is no proof that he stole money aside from the paper he signed, that may be a basis for an illegal dismissal case.
Mark Lopez
is in the Philippines
I would like to add that he went back and forth to the embassy but the person he came to know is unwilling and uninterested to help. For example, when he tried to follow-up like he heard that there is an upcoming hearing but he was not notified. The man from embassy just said coldly, "they did not notify you so if you don't appear you lose!" How can that possible without receiving any subpoena or notification? Then when he politely and humbly asked where he can get a lawyer as an OFW? This man from the embassy did not respond anymore.


Additional note : The local agency who hired my friend in his first contract (the second one is a direct hiring without agency), is a family-owned agency of this overseas company's top manager and no matter how many legal complaints they received, this powerful agency here and overseas company have never lost a case. So please advise what my friend can do? And is there a way one of his relatives can contact you directly? I hope to hear from you soon. Thank you.

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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