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OFW Advisory
OFWGuide: Valid Reasons Why a Work Contract Gets Terminated (part 2 of 2)
Apr 1, 2014
(Part 2 of 2)
It is not always the foreign employer who wishes (read: wants) to terminate an employment contract. There are times that the employee (commonly known as the OFW/worker) also demands his contract be terminated even before he has completed two years of service as agreed upon in the signed document.
How is that so? Why would the worker demand a release from employment from the employer? There are valid causes why this may happen, and some of the following causes are as follows:
JUST CAUSES FOR TERMINATION OF CONTRACT BY THE OFW HIMSELF
- serious insult made by the employer
- Inhumane and unbearable treatment of the employer
- commission of a crime/offense by the employer
- violation of the terms and conditions of the employment contract by the employer
If the OFW-employee decides to terminate his employment and if the foreign employer is at fault, the employer must bear all repatriation costs of the worker.
An OFW-employee may resign without any of these reasons, however, he must notify the employer (through a written notice) about it a month in advance.
JUST CAUSES FOR TERMINATION OF CONTRACT DUE TO AN ILLNESS
Employees, such as OFWs serving foreign employers do not always get laid off due to misconduct as an employee or maltreatment of the employer. Cases such as possessing an incurable disease or injury may also be grounds for termination of an employment contract. When this happens, either the employer or the employee may demand that the contract be terminated, but the employer shall shoulder the repartriation costs for the employee.
This concludes our discussion of the valid reasons why an employment contract gets terminated. Have we mentioned something incorrect? Any opinions about this write up? Do not hesitate to key in your comments below! Follow @ofw_guide on Twitter
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