CONTRACT OF EMPLOYMENT
KNOW ALL MEN BY THESE PRESENTS:
This contract made and executed in General Santos City, Philippines this
_________________, by and between:
_______________, a Corporation, with postal address at
__________________________________________, Philippines, herein represented by its
proprietor, ___________ (hereinafter the FIRST PARTY. )
__________________ , of legal age, single, Filipino, with postal address at
__________________________, (hereinafter the SECOND PARTY).
WITNESSETH THAT:
WHEREAS, the FIRST PARTY is in need of ___________;
WHEREAS, the SECOND PARTY offers her services as ___________ to the FIRST
PARTY and the former accepts the services of the latter.
WHEREFORE, in consideration of the foregoing premises, parties agreed to the following:
I. DESIGNATION AND AGREEMENT
The SECOND PARTY is engaged to serve as ___________________ for the
clients of the First Party. The SECOND PARTY is being engaged on a probationary
period of six (6) months from __________ to __________. Within this period, the FIRST
PARTY reserves the right to terminate SECOND PARTY’S services at any time if, upon
evaluation, the FIRST PARTY has determined that SECOND PARTY failed to qualify as
a regular employee.
II. PROHIBITED ACTS
The following acts are specifically prohibited by the FIRST PARTY and commission
thereof shall constituted a ground for immediate termination of the employment, without
prejudice to the right of the FIRST PARTY to demand the payment for damages.
1. The SECOND PARTY shall not be allowed to accept any other employment,
part-time of full time even outside the regular working hours, especially to conduct
________________, without written consent of the FIRST PARTY.
2. The SECOND PARTY shall not in any circumstance develop or maintain a
romantic relationship with the ____________ the FIRST PARTY.
III. MINIMUM EMPLOYMENT PERIOD
The SECOND PARTY shall not resign or cause the termination of her
employment with the FIRST PARTY within the probationary period as indicated above. If
the SECOND PARTY, for and reason, resign or cause the termination of her employment
with the FIRST PARTY before the completion of the six (6) months of services from the
date of employment, the SECOND PARTY shall indemnify the FIRST PARTY the
1
Contract of Employment
amount of P_________ to cover all the expenses incurred in relation to the employment
and training.
IV. WORKING HOURS
The SECOND PARTY agreed to work full time for the FIRST PARTY. Full time is
understood to mean that the SECOND PARTY has
_______________________________. The overtime will be reasonably imposed on
the schedules rest day and holiday, at the sole will of the FIRST PARTY.
V. COMPENSATION
For services rendered, the SECOND PARTY shall receive as compensation at
the rate of ____________. In addition, the SECOND PARTY may receive incentives as
may be determined by the FIRST PARTY.
VI. CONFIDENTIALITY
The SECOND PARTY shall ensure the secrecy of confidentiality and work related
information known in the course of her work with the FIRST PARTY, even after
resignation or termination from the company.
The SECOND PARTY shall _______________ upon resignation from the center.
Upon resignation, the SECOND PARTY is strictly prohibited from
_________________________________________.The SECOND PARTY is also
forbidden from sharing any information and documents relating to the ________
operations to any other company, particularly those of the same nature as ___________.
The SECOND PARTY shall likewise keep confidential her compensation rates
from other person, especially from co-workers. Violation of this rule shall be ground for
termination.
VII. ABSENCES AND TARDINESS
All absences must be predicated with previous written permission. Absence is
excused when it is due to emergency, such as sudden or serious illness. Notwithstanding
the emergency nature of the absence, the SECOND PARTY shall communicate
immediately to the FIRST PARTY her absence, at least four (4) hours before the start of
the scheduled class to appoint a substitute teacher for the former. Moreover, the
SECOND PARTY may, in any circumstance, be required by the FIRST PARTY to
conduct a make-up class to compensate her absences.
Being absent without valid excuse for three (3) times in a month may be subject for
suspension, at the FIRST PARTY’s discretion. Absence without leave or inexcusable
absence for three (3) consecutive days shall be ground for dismissal.
Tardiness means to time-in after the start of the regular working hours or to time-out
before the end of the regular working hours. Three (3) times tardy is equivalent to one (1)
absence.
VIII. NON COMPETE CLAUSE
Contract of Employment
The Employee specifically agrees that for a period of _____ after the Employee
is no longer employed by the Company, the Employee will not engage, directly or
indirectly, either as proprietor, stockholder, partner, officer, employee or otherwise, in the
same or similar activities as were performed for the Company in any business which
distributes or sells products or provides services similar to those distributed, sold, or
provided by the Company at any time during the _____ [months/years] preceding the
Employee's termination of employment.
·For a period of _____ after the Employee is no longer employed by the
Company, the Employee will not, directly or indirectly, either as proprietor, stockholder,
partner, officer, employee or otherwise, distribute, sell, offer to sell, or solicit any orders for
the purchase or distribution of any products or services which are similar to those
distributed, sold or provided by the Company during the _____ preceding the Employee's
termination of employment with the Company, to or from any person, firm or entity which
was a customer of the Company during the _____ preceding such termination of
employment.
VIII. RESIGNATION
In case of resignation, the SECOND PARTY shall notify the FIRST PARTY at
least thirty (30) days prior to the effective date of resignation to give the latter an ample
time to find substitute for the former. It is understood that the resignation shall be subject
to any applicable provision or penalty clause stated herein and any pertinent provision of
law.
IN WITNESS WHEREOF, we hereunto set our hands in the date and place
above-mentioned.
_________________________ __________________________
First Party Second Party
Signed in the presence of:
_________________________ _________________________
Contract of Employment
