Contract of-employment probationary employee


Published on

Published in: Business, Technology
  • Be the first to comment

No Downloads
Total views
On SlideShare
From Embeds
Number of Embeds
Embeds 0
No embeds

No notes for slide

Contract of-employment probationary employee

  1. 1. CONTRACT OF EMPLOYMENT KNOW ALL MEN BY THESE PRESENTS: This Contract of Employment is executed made this (insert date) by: (state name of corporation), a corporation duly organized and existing in accordance with laws of the Republic of the Philippines, with principal offices at (state address), represented in this act by its President, (state name of representative), 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: WHEREAS, the Employer is engaged in the business of (state business of employer) [Example: delivery of information technology and allied services such as but not limited to software development, internet security encryption, web page development and internet security solutions.] 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 Employee is hereby appointed as (state position in the company) under probationary status for a period of six (6) months reckoned from the first day of actual report for work. 2. COMPENSATION 2.1 Employee will receive a gross basic monthly rate of (state amount of compensation) (Php_____) subject to withholding tax, SSS, Pag-ibig contributions, and government-required deductions to be borne by Employee. In addition, Employer will pay the mandatory 13 th month salary at the end of each
  2. 2. 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 recommendation of the immediate manager and upon approval of management. 2.2 EMPLOYEE may also be entitled to receive a monthly transportation allowance of (state amount) (Php__), which shall be supported by an Expense Report (ER) with corresponding receipts, due every 5th of each month. 3. REGULARIZATION OF EMPLOYMENT By or before 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. Vacation and sick leaves shall be based on existing laws and policies of the company. 4. VACATION AND BENEFITS 4.1 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 during the calendar year earned. Any remaining accrued leave not used by December 31st may only be carried over until March 31 st of the following year. 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. 4.2 Employee will be paid regular wage during regular holidays including: New Years’ Day, Maundy Thursday, Good Friday, April 9, Labor Day, Independence Day, Phil-Am Friendship Day, All Souls Day, Christmas Day, Rizal Day. Employee will also continue to receive his/her regular pay during special nonworking holidays issued by the President of the Republic of the Philippines. 5. DUTIES AND RESPONSIBILITIES 5.1 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. 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 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. It is a condition of Employment that Employee maintains the necessary level of
  3. 3. technical expertise in the performance of his job, which may necessitate him to attend Courses and Certification Programs, locally or internationally. 6. PLACE OF WORK Employee’s primary place of work will be Manila, 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. 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. 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 with overtime Pay if qualified. 8. OVERTIME WORK In case the demands of the business or the company would require Employee to work more than his regular work schedule, he may be required to render overtime work. Overtime work is not compensable for managerial employees unless otherwise declared by management. Allowances for meal or transportation will be provided on a case-to-case basis in accordance with company policies. 9. 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. 10. NON-COMPETITION 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.
  4. 4. 11. INTELLECTUAL PROPERTY 11.1 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 employment with the Company, including all registrations for the same. 11.2 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 him/her (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 documentation related to the Inventions, which shall become the company’s property, and d) Web content and development concepts, ideas, design, and Multimedia graphics, and artwork. 11.3 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 Company’s business and in the course of his employment. Employee shall do all acts necessary and/or required by the Company to give effect to this 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/Documents, Content Design and Multimedia Graphics, at the Company’s expenses. Employee shall keep and maintain adequate and current written records of all such Inventions, Content Designs and Development, which shall automatically become the exclusive property of the Company. 11.4 Employee also waives his right to file for any copyright application for any such inventions or concept, designs, ideas while actively employed by the company and within one (1) year form date of resignation or termination from the company. 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/she had knowledge of and access to during his/her employment, Employee agrees to specifically state that “the Invention, Concept, Design was conceived by her/him within the scope of his employment with Employer.”. 12. 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.
  5. 5. 13. CONFIDENTIALITY 13.1 In order to safeguard the Company’s 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, 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, formulae whether authored by Employee or otherwise – to suit Employee’s purpose or those of any other person, company, business entity or other organization whatsoever. 13.2 Employee shall not take out of Employer’s premises any technical plans, charts, drawings, codes and other materials containing technical data and information unless with the prior written consent or permission of the Employer. 13.3 A trade secret is any information, 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. b. c. d. technical plans, charts, drawings, and other materials containing technical data and information computer program listings, source codes and object codes all information relating to programs now existing or currently under development customer lists and records, sources of purchasing and all other information related to vendors and suppliers. 13.4 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 disclosure of any company documents – technical or business information, or any information 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. 13.5 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 company, 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. 13.6 The obligations contained in this 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.
  6. 6. 13.7 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. 14. 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 this Contract and shall indemnify Employer of any actual losses, damages, costs and expenses, including attorney’s fees, incurred as a result of the breach of this Agreement or his willful act, omission, fraud or negligence. 15. 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: (a) (b) (c) (d) (e) (f) (g) Inefficiency; Incompetence; Tardiness; Insubordination; Breach of confidentiality and non-disclosure Violation of company’s intellectual property rights 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. 17. STOCK OPTION PLAN Employee shall be eligible to apply for a stock option plan pursuant to company policies, rules and regulations existing at the time of lodgment after the second year of employment with the company. 18. ACCEPTANCE OF TERMS AND CONDITIONS OF EMPLOYMENT Employee’s affixing of his signature on the herein Employment contract means that: a. b. Employee has read and fully understood the terms and conditions hereof and accepts the same; 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.
  7. 7. IN WITNESS WHEREOF, we have set our hands this (state date) at (state place). EMPLOYER EMPLOYEE SIGNED AND WITNESSED BY: _______________________ _______________________ ACKNOWLEDGMENT REPUBLIC OF THE PHILIPPINES) )S.S. BEFORE ME, this (insert date) in (insert place), personally appeared: Name CTC No. Issued at Issued on known to me to be the same persons who executed the foregoing instrument consisting (state number of pages) pages including this Acknowledgment, and who acknowledged to me that the same is their voluntary and free act and deed and those of the parties represented. IN WITNESS WHEREOF, I set my hand and affix my notarial sea on the date and place above written. Notary Public Doc. No. _____; Page No. _____; Book No. _____; Series of ______.