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 Post subject: need advices
PostPosted: Mon Sep 10, 2012 6:45 pm 
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Joined: Mon Sep 10, 2012 6:22 pm
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Hello everyone. I need to seek your advice, Here is my concern. I was scheduled to fly AUG 14,2012 to KSA (MNL-Riyadh ; Riyadh-Qaisumah, Hafar Al Batin) but unfortunately my sponsor cancelled my ticket on that day itself. I was already at NAIA and was not able to board the plane because of the unexpected cancellation of my tickets. Last Sept 05, my sponsor emailed me and i have now a new ticket scheduled Sept 17. Manila to Dammam and from Dammam i will travel via Bus to Qaisumah in Hafar Al Batin.
Its my first time to work abroad and i am requesting my employer that someone should accompany me to ride the bus from Dammam to Qaisumah. But my priority still is that there should be a connecting flight just like the original flight (Aug 14).
My question is:
1. can i opt out of these if they can't booked me a complete flight from Manila to final destination?
2. Will i be held liable for breach of contract if i choose to discontinue my trip?
3. Will my agency give back my documents such as Passport, Authenticated docs, Medical results?
I am a dentist and have resigned from my work since August 01 and will work as the same at KSA but i am still here and no work. Hope you can advice me, thanks.


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 Post subject: Re: need advices
PostPosted: Tue Sep 11, 2012 2:18 pm 
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Joined: Tue Aug 26, 2008 5:17 pm
Posts: 11016
doraimond wrote:
1. can i opt out of these if they can't booked me a complete flight from Manila to final destination?
I assume you are a girl because your username is "doraimond" and not "deigomond"... it's like "Barbie" and "Ken"... anyway, if you are unsure and/or feel unsafe to travel, it is your rights to ask for humanly comfortable and safer travel... but at the same time, it is also the rights of the employer to arrange your travel by their own means - as long as it is safe and humanly comfortably...

I pointed-out your gender, kasi sa Saudi Arabia, malaking factor ang gender lalo sa pagtra-travel... and again, kung babae ka, you have the rights to ask doon sa mas alam mo na magiging safe ang pag-travel mo... but again, your employer may still insist their arrangements... at dito na papasok 'yung pangatlo mong inquiry↓↓↓...

doraimond wrote:
2. Will i be held liable for breach of contract if i choose to discontinue my trip?
No... according na din sa kontrata mo, (and this is standard) that the employer should provide you free of travel expenses from your origin of employment to your job site - and vice versa (during your vacation or final exit)... kung hindi ka agree sa travel arrangement sa 'yo, you can withdraw your application on that ground... it is not considered as breach of contract dahil sa hindi naman nakapaloob sa kontrata mo 'yung detalye kung paano ka makakarating doon... and you can terminate the contract for not agreeing on their travel arrangements...

It is still your rights as second party... baliktarin natin ang situasyon... halimbawa kung hinihingi mo namang travel arrangement sa employer ay hindi nila apprubahan at i-cancel nila ang iyong employment because of that, hindi din naman natin sila maiku-consider na nag-breach ng contract... it just only a matter of disagreeing a specific arrangement na allowed naman ang first at second party na mag-agree o mag-disagree...

doraimond wrote:
3. Will my agency give back my documents such as Passport, Authenticated docs, Medical results?
For withdrawal or cancellation of your application, of course, the agency must return all your documents... ano naman ang gagawin nila doon? :rollL and besides, those are still your properties (lalo na 'yung mga orginal documents gaya ng passport at authenticated documents)...


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 Post subject: Re: need advices
PostPosted: Wed Sep 12, 2012 12:44 am 
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Joined: Mon Sep 10, 2012 6:22 pm
Posts: 2
joshua_sx1 wrote:
doraimond wrote:
1. can i opt out of these if they can't booked me a complete flight from Manila to final destination?
I assume you are a girl because your username is "doraimond" and not "deigomond"... it's like "Barbie" and "Ken"... anyway, if you are unsure and/or feel unsafe to travel, it is your rights to ask for humanly comfortable and safer travel... but at the same time, it is also the rights of the employer to arrange your travel by their own means - as long as it is safe and humanly comfortably...

I pointed-out your gender, kasi sa Saudi Arabia, malaking factor ang gender lalo sa pagtra-travel... and again, kung babae ka, you have the rights to ask doon sa mas alam mo na magiging safe ang pag-travel mo... but again, your employer may still insist their arrangements... at dito na papasok 'yung pangatlo mong inquiry↓↓↓..
>> SALAMAT sa reply. I apologize i did not mention that i am a male 8) .

doraimond wrote:
2. Will i be held liable for breach of contract if i choose to discontinue my trip?
No... according na din sa kontrata mo, (and this is standard) that the employer should provide you free of travel expenses from your origin of employment to your job site - and vice versa (during your vacation or final exit)... kung hindi ka agree sa travel arrangement sa 'yo, you can withdraw your application on that ground... it is not considered as breach of contract dahil sa hindi naman nakapaloob sa kontrata mo 'yung detalye kung paano ka makakarating doon... and you can terminate the contract for not agreeing on their travel arrangements...
>> At the moment i am waiting for them to terminate the contract, is this right? Ok lang ba na ako ang mag initiate ng termination o withdrawal? At the moment, wala pa kc reply sa request ko eh.

It is still your rights as second party... baliktarin natin ang situasyon... halimbawa kung hinihingi mo namang travel arrangement sa employer ay hindi nila apprubahan at i-cancel nila ang iyong employment because of that, hindi din naman natin sila maiku-consider na nag-breach ng contract... it just only a matter of disagreeing a specific arrangement na allowed naman ang first at second party na mag-agree o mag-disagree..
>> i will email them bukas and tell them that i prefer to have a connecting flight instead of travelling via bus. Ang sabi kc ng agency ko, by December pa daw :???: ang available na connecting flight kaya nga pinag bubus na lang ako. If negative ang reply nila sa request ko, i can cancel/terminate/withdraw/ from this job?

doraimond wrote:
3. Will my agency back my documents such as Passport, Authenticated docs, Medical results?
For withdrawal or cancellation of your application, of course, the agency must return all your documents... ano naman ang gagawin nila doon? :rollL and besides, those are still your properties (lalo na 'yung mga orginal documents gaya ng passport at authenticated documents)...

>> What if they will not return it :???: ? Whats my next step?
Maraming salamat po sa mga response nyo.
More power and blessings po. :D


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 Post subject: Re: need advices
PostPosted: Wed Sep 12, 2012 1:10 pm 
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Joined: Tue Aug 26, 2008 5:17 pm
Posts: 11016
doraimond wrote:
>> What if they will not return it :???: ? Whats my next step?
You have two options... you can do the "kung ayaw ninyo eh di huwag" approach or "fight for your rights" approach...

The "kung ayaw ninyo eh di huwag" approach is very simple... kung ayaw nilang ibigay 'yung mga dokumento mo, eh di huwag na nilang ibigay... and move on... but of course, you will suffer in the end dahil sa kakailanganin mo sigurado 'yung mga dokumento na 'yon sa muli mong pagbabakasakali...

The "fight for your rights" approach is the ideal thing to do, but of course, hindi ito magiging ganoong kadali lalo na kung may pagka-barabas at balasubas 'yung agency... para din 'yang isang tao na napakasalan mo na at saka mo pa lamang nalaman ang tunay na ugali na ang pagkalas ay hindi na magiging ganoong kadali...

In all of this, may isang bagay ka na dapat laging tandaan → those original documents are yours... and you have the rights to get them back - no matter what... some agency will not give easily on that "rights" (kahit alam nila na tagilid din sila in the end), and probably start harassing you... but that is the good point once the agency started to harass you... you can use that against them...

You can start with a diplomatic dialogue... layout your reason kung bakit hindi ka tutuloy kung hindi babaguhin ng employer 'yung travel arrangement mo... and they are valid actually (again, lalo na kung babae ka)... prepare ka na din ng letter of withdrawal in case na hindi magi-give way ang employer... it is you right to secure your safety... afterall, kung may mangyari man na hindi maganda sa 'yo during your travel, kahit sabihin pa natin na sasagutin lahat ng employer, by that time, it will be too late... and I'm sure, when someone is going to ask the agency, they will simply tell, "dapat hindi s'ya pumayag sa ganoong travel arrangements... nasa kanya naman ang huling pagpapasiya at hindi naman namin s'ya pipilitin kung ayaw na n'yang tumuloy"... and that is basically true, it is against the POEA rules & regulations kung pipilitin o tatakutin ang isang manggagawa na magpatuloy...


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 Post subject: Re: need advices
PostPosted: Wed Sep 12, 2012 9:10 pm 
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Joined: Fri Jan 21, 2011 1:13 am
Posts: 1419
Location: diarynigracia.com
MY SHARE, Thanks

Goodluck to you!


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