SMART ENGLISH LANGUAGE (SEL) ACADEMY

CONTRACT OF EMPLOYMENT

(Probationary- Teaching Staff)

KNOW ALL MEN BY THESE PRESENTS:

This contract is made and entered into at Cebu City, Philippines, this _____________, by and
between:

Smart English Language Academy, a corporation duly organized and existing under
Philippine Laws with principal address at Goshen, Kalubihan, Talamban Cebu hereinafter
referred to as the Employer;

and

______________________________, Filipino, of legal age, single, and a resident of

___________________________________ herein after referred to as the Employee;

WITNESSETH

WHEREAS, the Employer operates as an English Language Tutorial School for international
students and provides them with board,

WHEREAS, the EMPLOYEE wishes to be employed at the said school of the EMPLOYER
as an ESL teacher and tutor ;
WHEREAS, the Employee has signified his/her willingness and warranted his/her
qualification for the job;

NOW THEREFORE, for and in consideration of the foregoing premises, the parties have
agreed to the following:

1. Pre-employment Requirements.
 Employment shall commence upon completion of the pre-employment
requirements such as:
a. Transcript of Records and/ or Diploma.
b. Updated Resume
c. Photocopy of vaccination card
 This contract will be considered null and void when the employee fails to
submit the requirements within two weeks after hiring.
2. Probationary Period. The Employee shall first be subject to part time employment
for a period of six (4) weeks . You will be working with the Employer on a trial basis
to determine your fitness for regularization. Your conversion to permanent status shall
be primarily conditioned and dependent upon your satisfactory service and
performance of your duties, responsibilities and functions which will be made known
to you at the start of your engagement. The Employer shall have the exclusive
discretion to determine whether or not you have satisfactorily performed and
successfully complied with the standards and criteria to become a regular employee
through performance evaluation stated below.

3. Term. The term of this contract shall commence from on the ______________ and
shall continue until the _____________.

4. Policies and Procedures. The Employee is expected to promote Smart English

Language school’s values and policies in his/her daily work. Smart English Language
school’s may amend its policies in its discretion from time to time.

5. Training Period. The Employer may direct its employees to participate in Training
and Development initiatives to make sure that the standards set within the business are
met. The Employee is required to undergo this Training and Development. (Smart
English Language school’s Training and Development may be covered by separate
Agreement.)

6. Duties. The Employee accepts the terms and conditions by The Employer set forth in
this contract and agrees to devote his/her fulltime and attention to the performance of
this duties and responsibilities under this Agreement.

7. COMPENSATION. The EMPLOYEE’S basic salary shall be ___________

(_____________) per month.
 7.1The EMPLOYEE shall be entitled to SSS, PhilHealth, Pag- Ibig, BIR, and other
benefits and privileges as may be provided by law.

7.2 Any additional payments are entirely at the EMPLOYER’S discretion and will not
serve to establish any claim against it. The computation and explanation of the
EMPLOYEE’S salary shall be explained by the EMPLOYER or authorized
representative to the EMPLOYEE

8. Working hours.

8.1Class schedule starts at 9 am and ends at 12 nn.

8.2The Employee’s hours of work shall be from Monday to Saturday. There might be
different shifting schedules for the work once the normal operation resumes.

9. Handbook. All changes and additional benefits and incentive that will take place shall
be updated in the handbook and will supercede the conditions stipulated in this agreement.
Any updates and changes will be disseminated though a memo and grand meeting with the
entire staff present. All staff will be given a copy of the update/s, affix their signature for
approval before the due implementation.

10. Confidentiality. The Employee, his/her heirs, successors, assigns and other persons
under his/her control shall not, directly or indirectly, divulge, disclose or communicate to
any person, association, corporation, or any other entity, in any manner whatsoever, any
confidential information, trade secret, business record, recipe and other matters affecting
the business of the Employer or any of its affiliates which the Employee knows as a
consequence of, or by reason of, his/her employment with the Employer. Violation of this
provision on confidentiality may lead to termination of employment without prejudice to
the filing of applicable criminal case/s and/or civil action/s against the Employee;

11. Termination of Employment. The employment shall be considered terminated under

any of the following conditions:

a. Serious misconduct or willful disobedience by the employee of the lawful

orders of his employer or representative in connection with his work;

b. Gross and habitual neglect by the employee of his duties;

c. Fraud or willful breach by the employee of the trust reposed in him by his
employer or duly authorized representative;
 d. Commission of crime or offense by the employee against the person of his
employer or any immediate member of his family or his duly authorized
representatives; and

e. Other causes analogous to the foregoing.

f. Violation of this contract, including breach of exclusivity clause (Article 6) and

breach of confidentiality (Article 7).

g. A failure to inform the employer before taking a vacation leave at twice in a

month.

This is without prejudice to the filing of appropriate civil and/or criminal cases against
the Employee as may be warranted under the circumstances.

12. Voluntary Resignation. Employee is required to submit a letter of resignation at least

thirty (30) days prior to the effectivity of the resignation. If an Employee terminates his/her
employment without observing this period, he acknowledges that the Employer will suffer
damage in the form of administrative confusion, cancellation of classes, etc., and incur
expenses in finding and training a replacement, among others.

To cover the damage that will be suffered by the Employer, the parties hereby agree to
fix a penalty, as a form of liquidated damages, of FIVE HUNDRED PESOS (PHP
500.00) per day for each day that the resignation will take effect below the required
thirty-day (30-day) notice. Any resignation that will take effect immediately or without
written notice shall be assessed the maximum penalty of thirty (30) days.

The Employer, at its sole discretion, may waive the penalty if a replacement teacher
can be readily found and no damages are incurred by the sudden resignation of the
Employee;

13. Reassignment, Transfer or Substitution. Employees may be transferred or reassigned

during the course of their employment to other areas, such as, but is not limited to section,
department, nature of work, or location, without loss of compensation. A transfer from a
position with an incentive to another position without an incentive shall not be considered
a loss of compensation or a diminution of benefits. It is understood that some teaching
positions require additional incentives due to the added complexity, work, preparations,
and difficulty

14. Venue. In case of suit, the parties agree to file all cases or actions arising from or
incidental to this contract only and exclusively in the proper courts or tribunals of Cebu
City, to the exclusion of all other courts or tribunals.

15. Date of Effectivity. This contract shall be effective immediately upon signing by both
parties.

16. Severability Clause. Should any of the provisions or any part thereof, of this contract
be for any reason invalid, the invalid provision/s shall not affect the other provision (s) of
this contract, and all invalid provisions or any part thereof may be wholly disregarded.

17. Consent. The parties enter into mutual agreement both in equal terms without moral
dominance or pressure exerted by the Employer against the Employee.

IN WITNESS WHEREOF, the parties have hereunto set their hands this at Smart
English Language school inc., Cebu City, Philippines.

____________ ______________
Employer Employee

(By authorized representative)

SIGNED IN THE PRESENCE OF

__________________________ ___________________________

Printed Name and Job Title Printed Name and Title

ACKNOWLEDGEMENT

BEFORE ME, a Notary Public for and in the City of Cebu, personally appeared the following
person, who presented to me her identification documents as follows:

Name: ID/CTC Place/Date Issued/Expiry

Known to me through the above identification document, and to me known to be the same
person who executed the foregoing instrument which she acknowledged to me to be her/his
free and voluntary act and deed, consisting of only five (5) pages, including this page on
which this Acknowledgement is written, duly signed by her and the instrumental witnesses on
each and every page hereof.

WITNESS MY HAND AND SEAL this _________________________________at Cebu

City, Philippines.

Doc. No. ________________:

Page No. ________________:

Book No. _______________:

Series of 2022.
ANNEX A

Duties

1. Teachers are given man to man online and face to face classes a day where students use
their time to study specific areas of English. Teachers must be ready to answer students’
questions, correct mistakes and reinforce what they learn in the class.
1.1 Classes are either 25 minute or 50 minutes long depending on the need and
preference of the student. Teachers are assigned individual rooms, with individual
computer set connected to internet.
1.2 Teachers should be confident in their grammar, listening, reading, speaking and
writing skills as these are the areas that they will be coaching students in.
1.3 Teachers must complete the student’s weekly evaluation upon request from the
manager.
1.4 Teachers must also complete a weekly lesson tracker to be submitted to the
Academic Department. The deadline of submission is every Friday morning.
1.5 Teachers are also required to attend to Enhancement Programs and Meetings.
1.6 Teachers are expected to stay in the classroom as much as possible. Roaming
around the campus is prohibited.
1.7 Teachers must take part in performing tasks to improve the quality of lesson
materials such as research and development of resources within their working hours
to be used for the class without additional remuneration.
1.8 Teachers are expected to observe professional etiquette and proper behavior at all
times:
a. Follow professional dress code/wear uniform.
b. Arrive to work on time.
c. Conduct classes on time.
d. Respect your fellow employees and help them whenever required.
e. All employees must be treated with respect and dignity.
f. Greet school officials, your fellow workers, students and guests with a smile.
Say “good morning” or “good afternoon” when you arrive or pass in the hall.

1.9 Teachers shall also perform other tasks and duties assigned by the Management.
 Annex B

SEL ACADEMY TEACHER’S

ADDITIONAL/INCENTIVES PAY

Teachers who meet the following criteria are entitled to receive incentives as outlined below:
1. Exceeding Class Incentive:
Teachers conducting an exceeding class are eligible for a one-on-one class incentive
of [____________] per class session. This incentive applies to 7-10 classes
conducted.

2. TEFL/TESOL/TOEFL/TOEIC/IELTS Certification Incentive:

Teachers who possess any of the following certifications—TEFL, TESOL, TOEFL,
TOEIC, or IELTS—are eligible for an additional incentive of [_______________] per
class. Proof of certification must be submitted to the administration.

3. Attendance Incentive:
Teachers who maintain a perfect attendance record within a [specified period, e.g.,
month or semester] will receive an attendance incentive of [____________].

4. Group Class Incentive:

Teachers conducting group classes with a minimum of two students are eligible for a
group class incentive of [____________] per class session. This incentive applies to
each group class conducted.

5. Online Class Incentive:

Teachers conducting online classes during the night shift are eligible for an online
class incentive of [____________] per class session. This incentive applies to each
online class conducted.

6. Overtime Pay:
Teachers will be compensated at a rate of P100.00 per hour for any overtime work
beyond their regular teaching hours.

7. With Experience Incentives:

8. 13th Month Pay:

Teachers are entitled to receive a 13th month pay, provided they have worked for the
company for at least one month.
By signing below, the teacher acknowledges understanding and acceptance of the terms and
conditions related to the incentives.
Teacher's Signature: ______________________ Date: _____________
Chairman of the Board Signature: _________________ Date: _____________
Teacher’s Printed Name: _____________________________

I HEREBY CERTIFY that the information provided in this form is complete, true and correct
to the best of my knowledge.

FURTHER, I HEREBY ACKNOWLEDGE that I have read and understood and agree there to
as well.

Name and Signature

______________

Date