Employment Status Agreement
KNOW ALL MEN BY THESE PRESENTS:
The Contract of Employment is executed by:
__________________________ a corporation duly organized and existing in accordance
with laws of the Republic of the Philippines, with principal office at
________________________________, PHILIPPINES, represented in the act by its
President, ___________________________ hereinafter referred to as the EMPLOYER;
-AND-
______________________, of legal age, Japanese and a resident of
__________________________________ herein referred to as the EMPLOYEE.
Witnesseth:
WHEREAS, the Employer is engaged in the business of gym management and fitness training
program, wellness and providing practical lifestyle enhancement to its member.
WHEREAS, Employee manifests and guarantees that he 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
A. You shall be on probation for a period of six (6) months commencing on your first day of
work with the Company. During your probationary employment, you will be working
with us on a trial basis to determine your fitness for regularization. Your conversion to
regular status shall be primarily conditioned and dependent upon your satisfactory ser-
vice and performance of the work assigned to you and it is within the exclusive discre -
tion of the Company to determine whether or not such service is satisfactorily per-
formed and on your having successfully passed/complied with our established standards
for regularization which include, among others the following criteria: dependability,
trustworthiness, efficiency, initiative, attitude towards work/ the public/ the Company,
cooperation, client response, judgement, punctuality, quality/quantity of work, educa-
bility.
B. The Company likewise reserves its rights to terminate your probationary employment,
even prior to the expiration of your probationary period, for any of the just and autho-
rized causes provided by existing laws or for your having failed to satisfactorily meet and
comply with the above-mentioned standards, conditions and requirements. In such
event, you will be entitled to collect only your salary up to the end of working hours of
the last day of your actual service.
C. You are required to comply with all the existing rules and regulations and policies of the
Company as well as those which may hereinafter be issued.
D. Their probationary employment does not entitle you to the benefits that is or may after
be granted only to regular and permanent employees.
E. In case you intend to resign from the Company, you are required to notify the Company
at least thirty (30) days prior to the effectivity of your resignation. Otherwise, failure on
your part to do so will render you liable for damages.
Termination
Employer reserves the right to terminate or cancel the Contract after observing due process for
just or valid causes. Termination may be due to any, but not necessarily limited to the follow-
ing:
(a) Inefficiency;
(b) Incompetence;
(c) Tardiness;
(d) Insubordination;
(e) Breach of confidentiality and non-disclosure
(f) Violation of company’s intellectual property rights
(g) Just and authorized causes enumerated in Article 282, 283, and 284 of the Labor
Code;
(h) Other causes provided in the Company Rules and Regulations; and
(i) Other analogous causes.
2. COMPENSATION
Employee will receive a gross basic monthly rate of ONE HUDRED THOUSAND PESOS (_Php
100,000.00_) subject to withholding tax, SSS, Pag-ibig contributions, and government-required
deductions to be borne by Employee and Employer as required by law. In addition, the
Employer will pay the mandatory 13 th month salary at the end of each calendar year and
EMPLOYER may at its discretion provide midyear or performance bonuses. Annual and
incremental salary adjustments and merit increases may be effected on a case to case basis and
upon the approval of management.
I. Basic Salary 100,000.00
II. Allowances
II. A De Minimis Allowance
- Rice Subsidy
- Clothing Allowance
- Laundry Allowance
- Medical Cash Allowance
Other Benefits
Total Allowance 0.00
III. Gross Compensation (Php) 100,000.00
3. REGULARIZATION OF EMPLOYMENT
By or before the end of the six-month probationary period, depending on the
recommendations of the corporate officers, Employee will become a regular employee of the
company entitled to all company benefits and privileges enjoyed by regular employees.
4. LEAVES AND BENEFITS
Employee who has rendered at least one (1) year of service is entitled to Service Incentive
Leave (SIL) of five (5) days with pay. Should there be cases wherein the Company disapproves
any leave application of an Employee due to hectic workloads and/or urgent deadlines, making
it impossible for the Employee to apply for such leaves prior to its expiration, a corresponding
cash conversion of such leave shall be allowed. Five (5) days’ worth will be converted to cash
for the following year if the leave is unused from the previous year provided that the employee
has rendered at least one year in the company.
4.1 Employee will be paid regular wage during legally recognized holidays :
4.2
a) Regular Holidays – January 1 (New Year’s Day); Maundy Thursday (Movable date);
Good Friday (Movable Date); Araw ng Kagitingan (April 9); Labor Day (May 1); Inde-
pendence Day (June12); National Sheoes Day (last Sunday of August); Bonifacio Day
(November 30); Christmas Day (December 25) and Rizal Day (December 30).
b) Special Holidays – (e.g. All Saint’s Day (November 1); Last Day of the year (December
31)
c) Muslim Holidays- Presidential Decree No. 1083, in it Book V, Title I, recognizes the
(5) Muslim holidays. The dates of the Muslim Holidays will be determined by the
Office of the President in accordance with the Muslim Lunar Calendar.
5. DUTIES AND RESPONSIBILITIES
5.1 Employee shall perform the duties and responsibilities that his position or job necessar-
ily entails, as may be contained in his job description or as may be reasonably assigned
to his by the company from time to time. The specific duties and responsibilities of Em-
ployee 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 regu-
larization and entitlement to other benefits and promotion.
5.2 Employee is obliged to perform his duties loyally, independently, industriously to help
meet the goals and objectives of the Company and is expected to carry out these re-
sponsibilities to the best of his knowledge and abilities in order to protect and advance
the interests of the Company, its principals, and its employees. It is a condition of Em-
ployment that Employee maintains the necessary level of technical expertise in the per-
formance of his job, which may necessitate him to attend Courses and Certification Pro-
grams, locally or internationally.
6. PLACE OF WORK
Employee’s primary place of work will be in the office. 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. Employee may be required to travel from time to time.
7. 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 (Monday to Friday, 8:30 AM to 5:30 PM). Lunch break is
from 12:30 PM – 1:30 PM. Fifteen-minute break in the morning and another fifteen-
minute break in the afternoon. It is understood that Employee is being employed with a
level of confidence and degree of responsibility that may further require his to render
work beyond normal business hours for which Employee may be justly remunerated
with overtime Pay if qualified.
8. 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.
9. NON-COMPETITION
The employee will render exclusive services to _______________________because of
the confidentiality of the work entailed. The employee shall observe discretion in keep-
ing the records and tasks assigned to him.
In the event Employee is separated or terminated from employment for whatever rea-
son, he shall not seek employment in a local or foreign firm doing business in the Philip -
pines 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.
10. INTELLECTUAL PROPERTY
10.1 The Company shall be entitled to sole ownership of any intellectual property rights in-
cluding but not limited to software programs, hardware specifications and other property
rights created, developed and discovered by Employee while in the course of her employ-
ment with the Company, including all registrations for the same.
10.2 Employee agrees that he shall promptly disclose to the Company the following: a) all
software programs, inventions, improvements, discoveries and technical developments
(‘Inventions’) made, created or conceived by his (either alone or with others) during the
term of employment, b) all Inventions which are based on proprietary information of the
Company and are made or conceived by employee (either alone or with others), c) any doc-
umentation related to the Inventions, which shall become the company’s property, and d)
Web content and development concepts, ideas, design, and Multimedia graphics, and art-
work, accounting systems, etc.
10.3 Employee hereby assigns to the Company his entire right, title and interest in and to
such Inventions and documents, which relate in any way to or are useful in the Com -
pany’s business and in the course of his employment. Employee shall do all acts neces-
sary and/or required by the Company to give effect to their provision. Employee further
agrees to cooperate with the Company in the procurement and maintenance of patents,
copyrights, and/or other protection of the Company’s rights to such Inventions/Docu-
ments, Content Design and Multimedia Graphics, at the Company’s expenses. Em-
ployee shall keep and maintain adequate and current written records of all such Inven-
tions, Content Designs and Development, which shall automatically become the exclu-
sive property of the Company.
10.4 A trade secret is any in Employee also waives his right to file for any copyright applica-
tion for any such inventions or concept, designs, ideas while actively employed by the
company and within one (1) year from date of resignation or termination from the com-
pany. If within one (1) year after leaving the Company’s employ, a patent application or
copyright registration is filed by Employee or on his behalf describing and Invention
within the scope of his work for the Company, or which otherwise relates to a portion of
the Company’s business of which he had knowledge of and access to during his employ-
ment, Employee agrees to specifically state that “the Invention, Concept, Design was
conceived by his within the scope of his employment with Employer.”
11. NON-DISCLOSURE
Employee acknowledges and confirms that the contract must remain confidential. Ex-
cept as may be legally required by competent authority or applicable statutes, the par-
ties hereinto shall not make any unauthorized disclosures of the terms and conditions
embodied in the contract.
12. CONFIDENTIALITY
12.1 In order to safeguard the Company’s interest and the confidentiality of its business and
affairs, Employee agrees that during the term of her employment and from and after the
actual cessation of her employment, 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,
12.2 Product lines research activities, plans designs, formulae whether authored by Em-
ployee or otherwise – to suit Employee’s purpose or those of any other person, company,
business entity or other organization whatsoever.
12.3 Employee shall not take out of Employer’s premises and/or accounting files, systems,
charts, drawings, codes and other materials containing data and information unless with
the prior written consent or permission of the Employerformation, process or idea that
is not generally known in the industry, that the Company considers confidential, and
that gives the Employer a competitive advantage. Examples of trade secrets include:
a. technical plans, charts, drawings, and other materials containing
technical data and information; educational materials, training
modules,etc.
b. computer program listings, source codes and object codes; ac-
counting systems/accounting systems,
c. all information relating to educational programs and/or account-
ing systems now existing or currently under development
d. client records, sources of purchasing and all other information re-
lated to vendors and suppliers, client portfolio, etc.
12.4 During and after Employee’s term with the company, he shall at all times practice good
discretion, ask permission and seek prior approval from the company in the use or dis-
closure of any company documents – technical or business information, or any informa-
tion which one might reasonably expect the company to regard as confidential, whether
transmitted or acquired from the Company’s customers, suppliers, or other persons – to
any person, company or entity.
12.5 Employee must formally declare that he has properly tendered his resignation from his
previous employer and is free from any obligation to them, not bound to any other com-
pany, or subject to any non-competition clause. Employee shall neither disclose to the
Company nor induce the Company to use any confidential information or material,
which belongs to his former employer.
12.6 The obligations contained in their paragraph shall cease to apply to any information or
knowledge, which may subsequently come into the public domain after the termination
of employment, other than by way of notarized disclosure.
12.7 Failure to comply with their confidentiality undertaking shall be construed and consid-
ered as Gross Misconduct and shall be deemed a ground for the termination of his em-
ployment.
13. UNDERTAKING
Employee shall work exclusively for the benefit of the company. Employee warrants that he
shall comply with all his undertakings and obligations set forth in the Contract and shall indem-
nify Employer of any actual losses, damages, costs and expenses, including attorney’s fees, in-
curred as a result of the breach of their Agreement or her willful act, omission, fraud or negli -
gence. While engaged under active employment with _____________________________ the
employee should work solely for ____________________________ and while in active employ-
ment should refrain from engaging in work with competitors and other similar industries as
____________________________ and its clients. Failure to comply with the contract terms will
subject the employee to damages.
IN WITNESS WHEREOF, we have set our hands this __________________ at _______________.
SIGNED AND WITNESSED BY:
EMPLOYEE
EMPLOYER
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)
)S.S.
BEFORE ME, this ___________ in ___________, personally appeared:
Name ID No. Issued at Issued on
known to me to be the same persons who executed the foregoing instrument consisting six (6)
pages including the Acknowledgment, and who acknowledged to me that the same is their vol-
untary and free act and deed and those of the parties represented.
IN WITNESS WHEREOF, I set my hand and affix my notarial seal on the date and place above
written.
Notary Public
Doc. No. _____;
Page No. _____;
Book No. _____;
Series of ______.
