AMAZON OPERATION SERVICES PHILIPPINES, INC.
Three E-Com Center, Block 21 Harbor Drive Cor. Bay Shore, Mall of Asia
Complex CBP-1A, Pasay City 1300, Philippines
EMPLOYMENT AGREEMENT
between
AMAZON OPERATION SERVICES PHILIPPINES, INC. (the Company)
and
Rudkyle Roldan of 30 Mariner St. Moonwalk Vill., Las Piñas City, PHL (you)
This employment agreement (Agreement) sets out the terms and conditions upon which the Company offers you employment with it.
1 Commencement
Your employment with the Company will start on August 30, 2022 (Effective Date). The start of your employment is subject to the
conditions set out in section 15 below.
2 Position
The Company will employ you on a full-time basis in the position of Customer Service Associate, or such other position determined
by the Company. You will report to the Team Manager and will work under the direction of the person in that position, or such other
position determined by the Company.
You will initially be based at the Company’s premises at Pasay but you agree to work at other locations in the Philippines if required
to do so by the Company.
The Company may make the changes described in this section 2 from time to time at its sole discretion.
3 Duties
You will perform the duties and have the responsibilities and authority customarily performed and held by an employee in your
position, or as the Company may otherwise assign to you from time to time. The Company may assign you to perform work for
another Amazon Group Member from time to time. [IF APPLICABLE: Depending on the nature of your role, the Company may
require you to travel (both locally and internationally) from time to time.] Without limiting your obligations to the Company, during
your employment you must serve the Company faithfully and diligently to the best of your ability and perform to the best of your
abilities and knowledge the duties the Company assigns to you from time to time.
You agree that the Company may, subject to the applicable law and without the need to terminate the employment relationship and
in its sole discretion, modify or remove your assigned duties from time to time without additional compensation to you, in accordance
with the Company's needs. This is provided the Company believes you are reasonably able to perform such modified or remaining
duties.
4 Hours
Your normal hours of work are initially [40] hours per week, worked during a combination of rotating day and/or night shifts on
weekdays and/or weekends. There is a one hour break each shift. Further details in relation to your shift arrangement will be provided
to you on commencement of employment and from time to time throughout your employment. Unless otherwise required by law,
payment for the shifts you are required to work (including any nightshift premium, if applicable) is already incorporated and forms part
of the Base Salary under section 5 hereof. If overtime or any other premium is required to be paid to you under the Labor Code of
the Philippines, then the relevant payment will be calculated and paid at the minimum rate as prescribed therein.
From time to time, you may be required or need to work additional hours as necessary for the performance of your role. These
additional hours can include hours outside normal business hours, or on weekends and public holidays. Unless otherwise required
by law, payment for additional hours worked or during rest days is already incorporated and forms part of the Base Salary under
section 5 hereof. If overtime is required to be paid to you, then it will be calculated and paid at the minimum rate required by the
Labor Code of the Philippines.
You and the Company may agree to the changing of the days and/or hours you work outlined above.
Amazon Operation Services Philippines, Inc.
AMAZON OPERATION SERVICES PHILIPPINES, INC.
Three E-Com Center, Block 21 Harbor Drive Cor. Bay Shore, Mall of Asia
Complex CBP-1A, Pasay City 1300, Philippines
5 Remuneration & Expenses
The Company will pay you a salary (Base Salary) at the rate PHP 237,600.00 gross per annum, [paid in 2 equal instalments per
month], subject to all deductions required or authorized to be deducted by the Company. Your Base Salary will accrue pro-rata in
accordance with time worked.
The Company will provide you with rice allowance in the amount of PHP 1,500.00 per month. This allowance will not be included in
your Base Salary and will not be included in the computation of benefits prescribed by law based on your Base Salary.
You will also be entitled to a 13th month payment equal to 1/12th of your annual Base Salary to be paid in December in accordance
with Company policy and applicable law. For an incomplete calendar year of service, the 13th month payment will be pro-rated.
The Company will reimburse you for work-related expenses in accordance with and subject to its expense reimbursement policy, as
amended from time to time. The Company will only reimburse Company-approved expenses which are supported with evidence of
the expense (e.g. original receipts). Please refer to the Company’s expense reimbursement policy.
The Company may, subject to any relevant legal requirements, deduct from your remuneration any amounts that you owe to the
Company, any other Amazon Group Member or in relation to any benefit plan or arrangement provided or arranged by the Company.
Your Base Salary may be reviewed from time to time in accordance with Amazon policy/practice but will not necessarily be increased.
If you commence employment after the second Monday of July in any particular year, your Base Salary and performance will generally
not be formally reviewed in the following year.
You are entitled to a retirement benefit in accordance with the applicable law, which may be amended from time to time.
6 Discretionary Benefits
The Company may, at its discretion, from time to time provide you with other non-mandatory benefits and remuneration. The Company
may replace, change or cease providing these benefits and remuneration and the terms on which they are provided at any time at its
discretion. In such case, you will not have an entitlement to continue to receive these benefits and remuneration or to receive any
other payment, compensation or benefit in lieu. In no case will any discretionary benefit granted by the Company become a
demandable Company practice.
Unless an authorized HR representative of the Company advises you otherwise in writing, any benefit or remuneration apart from your
Base Salary and those mandated by law will be a discretionary benefit to which this section 6 applies.
7 Leave, Holidays & Absence
• Annual Vacation Leave
You are entitled to annual leave each year in accordance with applicable law and Company policy as applicable from time to time.
• Sick Leave
You are entitled to sick leave for any period of sickness. However, you are entitled to paid sick leave each year in accordance with
applicable law and Company policy as applicable from time to time. Before granting sick leave, or during or after any period of sick
leave, and subject to the requirements of applicable law, the Company may require you to provide to the Company satisfactory
evidence confirming your illness or injury, which may include a medical certificate.
• Other Leave
The Company will grant other leave in accordance with applicable law and Company policy as applicable from time to time.
• Holidays
Unless the nature of your role requires otherwise, you are generally entitled to paid days’ off on regular and special holidays
mandated by law and such other holidays observed by the Company. The applicable rates specified under the Labor Code for
regular and special holidays will apply. The Company will not provide you with any additional compensation for work you perform on
any other holiday, unless otherwise required by law or Company policy as applicable from time to time.
Amazon Operation Services Philippines, Inc.
AMAZON OPERATION SERVICES PHILIPPINES, INC.
Three E-Com Center, Block 21 Harbor Drive Cor. Bay Shore, Mall of Asia
Complex CBP-1A, Pasay City 1300, Philippines
• Notice of Absence
You must notify the Company immediately of every absence from work and its probable duration. Upon request by the Company,
you must promptly provide the Company with reasons for the absence. Company policy may set out additional requirements in this
regard.
8 Termination
You may terminate your employment at any time by giving the Company one month’s notice in writing.
Your employment may be terminated at any time by the Company for just or authorized causes as provided in the Labor Code of the
Philippines, applicable implementing rules and regulations of the Labor Code and other applicable Philippine laws. Without limiting
their scope, just causes include where you:
(a) are guilty of serious misconduct;
(b) willfully, or deliberately, behave in a way that is inconsistent with the continuation of your employment;
(c) are determined to have committed a serious offence under relevant Company or Amazon Group policy;
(d) have committed any act or made an omission that causes imminent or serious risk to the health or safety of a person; or the
reputation, viability or profitability of the Company’s business;
(e) have, in the course of your employment, engaged in theft, fraud or assault;
(f) are habitually intoxicated at work;
(g) refuse to carry out a lawful and reasonable instruction;
(h) engage in conduct that could bring you or the Company into disrepute;
(i) cease to hold an appropriate visa / work permit allowing you to lawfully work in the Philippines;
(j) materially neglect your duties or breach any material provision of this Agreement, your Confidentiality and Invention
Assignment Agreement or any other Company or Amazon Group regulation or policy;
(k) are determined to have falsified or participated in the falsification of any documents you submitted to the Company as part
of your application for employment or submitted to the Company at any time during your employment;
(l) have misrepresented your qualifications or have willfully failed to disclose significant information that you knew would affect
your being offered a job with the Company or affect your continuing employment with the Company;
(m) act in a way destructive of the Company’s trust and confidence in you; and
(n) other analogous causes.
During any period of notice, the Company may, at its discretion:
(a) require you to not attend for work or contact any customers or clients;
(b) require you to perform duties which are different to those which you were required to perform during the rest of your
employment with the Company, provided only that you have the necessary skills and competencies to perform the duties;
(c) limit or remove your access to the Company’s premises, telecommunications networks (including email and intranet) and
electronic systems and data; or
(d) any combination of (a) - (c).
Amazon Operation Services Philippines, Inc.
AMAZON OPERATION SERVICES PHILIPPINES, INC.
Three E-Com Center, Block 21 Harbor Drive Cor. Bay Shore, Mall of Asia
Complex CBP-1A, Pasay City 1300, Philippines
The Company may suspend you from work on full pay, if it has reason to believe you may have engaged in misconduct, in order for
it to investigate the matter. The Company may limit or remove your access to the workplace and the Company’s premises,
telecommunications networks and electronic systems and data during any period of suspension.
9 Confidentiality and Invention Assignment Agreement
You must execute the accompanying Confidentiality and Invention Assignment Agreement (CIAA), which is incorporated into this
Agreement and forms part of the terms of your employment. You agree that you will affirm your commitment to comply with the CIAA,
or execute a replacement for the CIAA, each from time to time as the Company requires.
10 Conduct after Employment Ends
Non-Competition
During employment and for the Restricted Period, you will not, directly or indirectly, whether on your own behalf or on behalf of any
other entity (for example, as an employee, agent, partner, or consultant), in the Restricted Area engage in or support the development,
manufacture, marketing, or sale of any product or service that competes or is intended to compete with any product or service sold,
offered, or otherwise provided by the Amazon Group (or intended to be sold, offered, or otherwise provided by the Amazon Group in
the future) that you worked on or supported, or about which you obtained or received Confidential Information.
Non-Solicitation
During employment and for the Restricted Period, you will not, directly or indirectly, whether on your own behalf or on behalf of any
other entity (for example, as an employee, agent, partner, or consultant): (a) accept or solicit business from any Customer, with whom
you had work related dealings during the 12 months preceding the Separation Date, of any product or service that you worked on or
supported, or about which you obtained or received Confidential Information; or (b) encourage any Customer or Business Partner, in
each case with whom you had work related dealings during the 12 months preceding the Separation Date, to cease doing business
with the Amazon Group or to terminate or limit an existing relationship or arrangement with the Amazon Group.
Non-Interference
During employment and for the Restricted Period, you will not, directly or indirectly, whether on your own behalf or on behalf of any
other entity (for example, as an employee, agent, partner, or consultant): (a) solicit or otherwise encourage any Amazon Personnel
with whom you had work related dealings during the 12 months preceding the Separation Date, to terminate any employment or
contractual relationship with the Amazon Group; (b) disclose information to any other individual or entity about Amazon Personnel
that could be used to solicit or otherwise encourage Amazon Personnel to form new business relationships with that or another
individual or entity; or (c) otherwise interfere with the performance by current or former Amazon Personnel of their obligations or
responsibilities to the Amazon Group.
Reasonableness of Restrictions
You recognize that the restrictions in this section 10 may significantly limit your future flexibility in many ways. For example, the
restriction in the Non-Competition section will bar you, for the Restricted Period, from accepting certain competitive opportunities. You
further recognize that the geographic areas for many of the Amazon Group’s products and services – and, by extension, the
geographic areas applicable to certain restrictions in this section 10 – are extremely broad and in many cases worldwide. You agree
and acknowledge that: (a) the restrictions in this section 10 are reasonable in scope, area, and duration, will not result in any undue
hardship for you and are necessary for the protection of the Amazon Group’s Confidential Information and goodwill; (b) you will obtain
Confidential Information during employment with the Company, the disclosure of which could materially harm the Amazon Group; (c)
you intend the restrictions in this section 10 to operate to the maximum extent; and (d) the restrictions are separate, distinct and
several, so that the unenforceability of any restriction does not affect the enforceability of the other restrictions.
Modification of Restrictions
If you breach any post-employment obligation set forth in this section 10, the applicable duration of such obligation will be extended
by a period of no less than the duration of the breaching conduct. This section 10 should be interpreted in a way that provides the
maximum protection to the Amazon Group’s Confidential Information and other business interests, and should not be interpreted
against any party as its drafter.
Amazon Operation Services Philippines, Inc.
AMAZON OPERATION SERVICES PHILIPPINES, INC.
Three E-Com Center, Block 21 Harbor Drive Cor. Bay Shore, Mall of Asia
Complex CBP-1A, Pasay City 1300, Philippines
Definitions
In this section 10:
“Amazon Personnel” means any employee, contractor, or consultant of the Amazon Group.
“Business Partner” means any individual or entity with which, before the Separation Date, the Amazon Group was involved in any
business arrangement or engaged in discussions regarding the possibility of entering into such an arrangement.
“Confidential Information” has the meaning as defined in the CIAA.
“Customer” means any individual or entity that was a customer or client of the Amazon Group during your employment, or with which
the Amazon Group engaged in discussions before the Separation Date related to the possibility that such party might become a
customer or client of the Amazon Group.
“Restricted Area” means:
(a) the Asia-Pacific region; or, failing that
(b) the Philippines.
“Restricted Period” means the period of 3 months starting on the Separation Date.
“Separation Date” means the date your employment with the Company ends.
11 Loyalty and Conflicts of Interest
You must use all reasonable efforts to promote the interests of the Company and the Amazon Group, act in the Company’s and in the
Amazon Group’s best interests and devote your time and attention during your working hours exclusively to the discharge of your
duties.
You represent and warrant to the Company that you are under no obligations or commitments, whether contractual or otherwise, that
are inconsistent with your obligations under this Agreement or that would otherwise prohibit you from performing your duties with the
Company.
Without limiting your duties to the Company or your obligations apart from this section 11, during your employment you must not
engage in any other employment, enterprise or business without the Company’s prior written consent.
12 Occupational Health and Safety
You must comply with all occupational health & safety standards and directions applicable to your workplace and your employment.
You must cooperate with the Company to ensure the safety of any individuals who may be affected by your work. You must take
reasonable care for your own health and safety, and for the health and safety of other individuals who may be affected by your acts
or omissions, while in the workplace and while otherwise performing any duties or activities in connection with your employment.
13 Code of Conduct and Company Policies
You must comply with the Company’s Code of Business Conduct and Ethics as amended from time to time. Further, you agree to
affirm your commitment to comply with the Company’s Code of Business Conduct and Ethics at such time as the Company requires
from time to time.
You must comply with all of the Company's and the Amazon Group’s other policies and procedures that apply to you from time to
time. The Company or the Amazon Group, as applicable, may adopt, change, replace or rescind its or their policies and procedures
(including the Company Code of Business Conduct and Ethics) from time to time in its absolute discretion and without any limitation
(implied or otherwise) on its or their ability to do so. The Company’s policies and procedures may be found on the Company’s intranet.
The Company’s policies and procedures do not and will not form part of this Agreement.
Amazon Operation Services Philippines, Inc.
AMAZON OPERATION SERVICES PHILIPPINES, INC.
Three E-Com Center, Block 21 Harbor Drive Cor. Bay Shore, Mall of Asia
Complex CBP-1A, Pasay City 1300, Philippines
14 Personal Data and Data Privacy
You consent that, at all times, you will provide and update the Company with your personal data, including but not limited to
residential address, residential telephone number, mobile phone number, identity card number, driving licence number, income tax
reference number, previous education and work experience information, bank account number, name(s), date(s) of birth and contact
details of spouse, next of kin, and children.
The Company will collect, process, use and retain personal information about you which is necessary to manage and administer
your employment and the employment relationship. You are required to sign and return the attached Personal Data Notice and
Consent Form in this regard.
15 Conditions on this Offer
Your commencement of employment with the Company is conditional upon
(a) where relevant, the obtaining of all required immigration approvals from the relevant government authorities to enable
you to live and to work with the Company in the Philippines; and
(b) the Company’s satisfaction with the results of a background check in relation to you. If you make any
misrepresentations about your background, then this offer and your acceptance will be deemed to be null and void and, if
your employment has already commenced, such misrepresentations will be grounds for your immediate dismissal without
notice or payment in lieu.
(c) certification by the Company’s appointed medical practitioner that you have passed with satisfactory results a pre-
employment medical check-up conducted by such medical practitioner and are fit for employment;
If any of the conditions above are not satisfied, this Agreement will be null and void and you will not commence employment with the
Company.
16 Miscellaneous
This Agreement is governed by the law applicable in the Philippines and the parties irrevocably and unconditionally submit to the
exclusive jurisdiction of the courts of the Philippines.
This Agreement constitutes the entire agreement and understanding of the parties as to your employment and, in relation to that
subject matter, supersedes any prior understanding or agreement between the parties and any prior condition, warranty, indemnity
or representation imposed, given or made by a party. Any offer letter or cover letter which accompanied or forwarded this
Agreement is not part of this Agreement.
This Agreement may only be altered in writing signed by each party.
Part or all of any section of this Agreement that is illegal or unenforceable will be severed from this Agreement and the remaining
provisions of this Agreement continue in force.
17 Definitions
In this Agreement:
(a) “Amazon Group” refers to Amazon.com, Inc. and its subsidiaries, including without limitation the Company; and
(b) “Amazon Group Member” refers to any member of the Amazon Group.
Amazon Operation Services Philippines, Inc.
AMAZON OPERATION SERVICES PHILIPPINES, INC.
Three E-Com Center, Block 21 Harbor Drive Cor. Bay Shore, Mall of Asia
Complex CBP-1A, Pasay City 1300, Philippines
SIGNED by
Rudkyle Roldan
Signature Date
SIGNED for and on behalf of
Amazon Operation Services Philippines, Inc.
David Roberts Sr. HR Manager
Date
Amazon Operation Services Philippines, Inc.
