CONTRACT OF EMPLOYMENT
KNOW ALL MEN BY THESE PRESENTS:
This Contract of Employment is executed this (insert date) at Quezon City,
Philippines by and between:
COMPANY NAME, a corporation duly organized and existing in accordance
with the laws of the Republic of the Philippines, with principal office at
_________________________________, Quezon City, Philippines, represented
in this act by its President, __________________________________,
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 Business Process Outsourcing
(BPO);
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:
POSITION
Employee is hereby appointed as ___________________ under
probationary status for a period of six (6) months reckoned from the first day of
actual work.
COMPENSATION
Employee will receive a gross basic monthly rate of
PHP__________________, subject to withholding tax, SSS Premiums, HMDF
(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.
REGULARIZATION OF EMPLOYMENT
By the end of the six-month probationary period, depending on the
recommendations of the immediate supervisor/manager, Employee will become
a regular employee of the company entitled to all company benefits and
privileges enjoyed by regular employees;
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VACATION AND BENEFITS
Upon regularization, Employee will be entitled to seven (7) days vacation and
seven (7) days sick leave for each year of actual employment, Employee is
expected to accrue leaves before he can apply for it. Since leave credits are not
convertible to cash, Employee is strongly encouraged to use all leave credits
earned during the calendar.
Employee shall be entitled to five (5) days Service Incentive Leave after
rendering at least one (1) of rendering service with the company.
Other leaves such us Maternity Leave, Paternity and Solo Parent’s Leave
can be availed of the Employee subject to the submission of the documents as
may be provided for by law.
DUTIES AND RESPONSIBILITIES
Employee shall perform the duties and responsibilities that his/her position or
job necessarily entails, as may be contained in his/her job description or as may
be reasonably assigned to him/her by the company from time to time. The
specific duties and responsibilities of the 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/her
regularization and entitlement to other benefits and promotion.
Employee is obliged to perform his/her 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/her knowledge and
abilities in order to protect and advance the interests of the Company, its
principals, and its employees.
PLACE OF WORK
Employee’s primary place of work will be Quezon City, 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 Employee’s position.
HOURS OF WORK
Employee shall render a minimum of eight (8) hours of work per day and
report for work at least five (5) 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/her to render work beyond normal business hours for which
Employee may be justly remunerated.
OVERTIME WORK
In case the demands of business or the company would require Employee to
work more than his/her regular work schedule, he/she may be required to render
overtime work and shall be entitled to overtime pay as provided by law. Overtime
work is not compensable for managerial employees unless otherwise declared by
management.
DECORUM
Employee shall observePAGE and comply with all company rules and regulations
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written or otherwise. Employee shall devote his/her 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.
NON-COMPETITION AFTER EMPLOYMENT
In the event Employee is separated or terminated from employment for
whatever reason, he/she 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.
INTELLECTUAL PROPERTY
The Company shall be entitled to sole ownership of any intellectual property
rights including but not limited to software programs, hardware specifications and
other property rights created, developed and discovered by Employee while in
the course of his/her employment with the Company, including all registrations
for the same.
NON-DISCLOSURE
Employee acknowledges and confirms that this contract must remain
confidential. Except as may be legally required by competent authority or
applicable statutes, the parties hereto shall not make any unauthorized
disclosures of the terms and conditions embodied in this contract.
CONFIDENTIALITY
In order to safeguard the Company’s interest and the confidentiality of its
business and affairs, Employee agrees that during the term of his/her
employment and from and after the actual cessation of his/her employment
he/she 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. customer lists or
requirements, price lists, pricing structures, marketing and sales information,
business plans or dealings, employees or officers, financial information, 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/her employment.
UNDERTAKING
Employee shall work exclusively for the benefit of the company. Employee
warrants that he/she 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/her willful act, omission, fraud or negligence.
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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:
1. Inefficiency;
2. Incompetence;
3. Tardiness;
4. Insubordination;
5. Breach of confidentiality and non-disclosure
6. Violation of company’s intellectual property rights
7. Just and authorized causes enumerated in Article 282. 283. And 284 of the
labor code;
8. Other causes provided in the Company Rules and Regulations; and
9. Other analogous causes.
ACCEPTANCE OF TERMS AND CONDITIONS OF EMPLOYMENT
Employee’s affixing of his signature on the herein Employment contract means
that:
Employee has read and fully understood the terms and conditions hereof and
accepts the same; and
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.
_____________ ______________________
Employer Employee
By:
MILTON YOUNG
President
Signed in the presence of:
_____________________ _____________________
ACKNOWLEDGMENT
Republic of the Philippines)
Quezon City ) SS.
BEFORE ME, a Notary Public for and in Quezon City, Philippines, this
______________________ personally appeared the following persons whose
identities I have confirmed through competent evidence of identity bearing their
pictures and signatures as described below:
NAME I.D. NUMBER
ISSUED BY/EXPIRYPAGE \* MERGEFORMAT 1
DATE
_________________ _________________
_____________ _________________
_________________
all known to me to be the same persons who executed the foregoing instrument
consisting of five (5) pages including this page where the Acknowledgment is
written and they acknowledged to me that the same is their free and voluntary act
and deed as well as that of the entities that they respectively represent.
WITHNESS MY HAND AND SEAL at the place and on the date first-
above written.
NOTARY PUBLIC
Doc. No. _______;
Page No. ______;
Book No. ______;
Series of _______.
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