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EMPLOYMENT CONTRACT
KNOW ALL MEN BY THESE PRESENTS:
This Contract of Employment is executed this ______________ at Cebu by and
between made this (insert date) by:
_____________, a corporation duly organized and existing in accordance with laws of
the Republic of the Philippines, with principal office at _____________________,
represented in this act by its President, (state name), hereinafter referred to as the
EMPLOYER;
-AND-
(state name of employee), of legal age, Filipino and a resident of (state address),
herein referred to as the EMPLOYEE.
WITNESSETH: THAT
WHEREAS, the Employer is engaged in ___________________________________;
WHEREAS, Employee manifests and guarantees that he/she possesses the requisite
qualities and competencies needed by the Employer in the conduct and course of its
business;
NOW THEREFORE, the parties hereby agree as follows:
1. APPOINTMENT
After undergoing probationary status for a period of six (6) months as a
__________________ reckoned from the first day of actual work, the employee is
hereby appointed as a regular employee of the company and is entitled to company
benefits and privileges enjoyed by regular employees;
2. COMPENSATION
Employee will receive a gross basic monthly rate of PHP__________________,
subject to withholding tax, SSS premiums, Pag-ibig contributions, Philhealth dues and
other government-required deductions. In addition, EMPLOYER will pay the
mandatory 13th month salary at the end of each calendar year and EMPLOYER may at
its discretion provide performance bonuses. Annual and incremental salary
adjustments and merit increases may be effected on a case to case basis and upon the
recommendation of the immediate manager and upon approval of management.
3. DUTIES AND RESPONSIBILITIES
Employee shall perform the duties and responsibilities that his position or job
necessarily entails, as may be contained in his job description or as may be reasonably
assigned to him by the company from time to time. The specific duties and
responsibilities of Employee are contained in the corresponding Scope of Work and
Job Description, which herein Employee acknowledges to have read and understood
as a condition for his regularization and entitlement to other benefits and promotion.
Employee is obliged to perform his duties loyally, independently and industriously to
help meet the goals and objectives of the Company and is expected to carry out these
responsibilities to the best of his knowledge and abilities in order to protect and
advance the interests of the Company, its principals, and its employees.
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4. PLACE OF WORK
Employees primary place of work will be Cebu, Philippines, Employee agrees that
Employer may transfer him to any other location as may be required by the exigencies
of the business, the organizational requirements of the company and the
responsibilities of Employees position. Employee may be required to travel from time
to time.
5. HOURS OF WORK
Employee shall render a minimum of eight (8) hours of work per day and report for
work at least six (6) days per week. It is understood that Employee is being employed
with a level of confidence and degree of responsibility that may further require him to
render work beyond normal business hours for which Employee may be justly
remunerated.
6. OVERTIME WORK
In case the demands of business or the company would require Employee to work
more than his regular work schedule, he may be required to render overtime work and
shall be entitled to overtime pay as provided by law.
7. DECORUM
Employee shall observe and comply with all company rules and regulations written or
otherwise. Employee shall devote his entire working time to the Employer and shall
have no direct or indirect interest in any firm or entity, whether for profit or not,
directly in competition with or offering the same services as Employer nor shall
Employee take any interest that is conflicting or inimical to Employer.
8. NON-COMPETITION AFTER EMPLOYMENT
In the event Employee is separated or terminated from employment for whatever
reason, he shall not seek employment in a local or foreign firm doing business in the
Philippines nor establish or set up a business offering similar services for a period of
one (1) year from date of separation or termination, without the prior notice to
Employer.
9. CONFIDENTIALITY
In order to safeguard the Companys interest and the confidentiality of its business and
affairs, Employee agrees that during the term of his employment and from and after
the actual cessation of his employment he shall maintain strict confidentiality and shall
not disclose any technical, business, financial or commercial information, methods,
processes, inventions (whether covered by intellectual property protection or not or
whether marked confidential or not) including but not limited to: customers, product
lines, research activities, plans, designs and formula, whether authored by employee or
otherwise.
Failure to comply with this confidentiality undertaking shall be construed and
considered as gross Misconduct and shall be deemed a ground for the termination of
his employment.
10. UNDERTAKING
Employee shall work exclusively for the benefit of the company. Employee warrants
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that he shall comply with all his undertakings and obligations set forth in this Contract
and shall indemnify Employer of any actual losses, damages, costs and expenses,
including attorneys fees incurred as a result of the breach of this Agreement or his
willful act, omission, fraud or negligence.
11. TERMINATION
Employer reserves the right to terminate or cancel this Contract after observing due
process for just or valid causes. Termination may be due to any. But not necessarily
limited to the following:
Inefficiency;
Incompetence;
Tardiness;
Insubordination;
Breach of confidentiality and non-disclosure
Violation of companys intellectual property rights
Just and authorized causes enumerated in the labor code;
Other causes provided in the Company Rules and Regulations; and
Other analogous causes.
12. ACCEPTANCE OF TERMS AND CONDITIONS OF EMPLOYMENT
Employees affixing of his signature on the herein Employment contract means that:
1. Employee has read and fully understood the terms and conditions hereof and
accepts the same;
2. The terms and conditions for the regularization of his employment have been
clearly communicated to and accepted by him/her at the time of his
engagement.
IN WITNESS WHEREOF, we hereunto affix our signatures on the date and at the
place first above written.
___________________ ______________________
Name Employee
HR/Manager NBI ID #
Company Name Issued at _______________
