1. EMPLOYMENT CONTRACT
Date:
Name:
Dear,
Company Name hereinafter referred to as the Company, hereby confirms your appointment
as Position under the terms and conditions:
POSITION
You shall hold the position of a Position.
EFFECTIVITY AND DURATION
Your term of employment shall be for a period of five (5) months effective Start Date unless
you are notified in writing on or before the latter date that your services will be terminated or
appointed to permanent status as the case may be.
During the said term period, you will be working on a term basis and your performance shall
be assessed in accordance with such standards as satisfactory work performance, acceptable
attendance record, compliance with the Company rules and policies, and the terms of this
agreement, qualification, and suitability, for the permanent job and operational requirements
of the Company.
In the event your services are terminated during the period of term employment, you will be
entitled to collect your compensation and other benefits up to the last day of your actual
service rendered plus the pro-rated thirteenth (13th) month pay and shares.
COMPENSATION
You will receive a basic pay of P 00.000.00 for the services rendered on an eight (8) hour
per day basis, or forty (40) hours per week, with one (1) hour break for lunch. Payment for
services shall be paid on a bi-monthly payroll, 15th and 30th day of every month and shall
be subject to withholding tax, Social Security contributions, and other deductions or
contributions as may be required by law.
In this regard, you hereby agree to deductions authorized by law, including but not limited
to, withholding tax, SSS, PhilHealth and Pag-IBIG contributions, debts owing to the Company,
and all other analogous deductions.
BENEFITS
Legal Benefits under the labor law
13th Month Pay
Social Security System Coverage
Philhealth
HDMF (Pag-ibig) Coverage
Maternity Leave
Paternity Leave
Bereavement Leave
Parental Leave
Leave for Violence against women & children
Special Leave for Women
2. Company Benefits upon regularization
1. Leave Credits
15 Days VacationLeave
15 Days SickLeave
2. HMO
Intellicare
3. Allowance
half a month salary per year (capped at USD 380 max.) for either e.g. gym
fees, medical massages or health supplements.
WORKING HOURS
You agree to abide by the established working hours of the Company. You are to devote your
entire time and attention to the work assigned to you during official work hours, render
overtime work, working on rest days and/or holidays whenever necessary or as may be
directed by the Company, subject to the limitations imposed by the Labor Code of the
Philippines.
RULES AND REGULATIONS
By signing this Contract, you agree to observe, abide and strictly comply with all the Company
rules and regulations and it shall be your duty to know them upon acceptance to the Company.
You agree to refrain in any such activity, which shall interfere with the performance of your
job and those of others.
CONFIDENTIALITY OF COMPANY RECORDS AND DOCUMENTS
You agree that all company records, documents and assets in your custody or control are
confidential in character, and shall be immediately surrendered to the Company if requested
at anytime during the period of your employment or upon termination thereof.
You shall not, except in the proper course of your duties during the period of your
employment, divulge to any third party whatsoever or otherwise make use of any confidential
information, and shall undertake your best efforts to prevent the publication or disclosure of
any confidential information. You shall disclose the confidential information only to your work-
related agents and advisers, or to the Company’s representatives, who need to know such
information for the foregoing purpose, it being understood that such person will be informed
of the confidential nature of such information and instructed to treat the same confidentially
in accordance with the terms of this Contract.
DUTIES AND RESPONSIBILITIES
You shall perform the duties and responsibilities of you position as indicated in the attached
list, and such other duties as may be assigned to you from time to time by the Company.
Management reserves the right to transfer/assign you to any department/ branch as the need
arises, taking into account the importance of maintaining smooth and uninterrupted service
to clients.
ISSUANCE OF EQUIPMENT FOR WORK
For the duration of your employment you may or may not be issued office and communication
equipment such as laptop computer, tablet, and mobile phone that will help you in the
performance of your duties. All of these equipment must be surrendered to the Company
upon resignation. In case of your inability to surrender the same, the acquisition cost of the
equipment shall be deducted from your final pay without necessity of demand.
NON SOLICITATION / NON-COMPETE
Employee agrees that, during the term of employment and for a period of twenty four (24)
months after the Employee ceases to be employed by the Company, or other members of the
Company’s corporate group, the Employee shall not directly or indirectly engage in, be
employed by, manage, operate, render services for, carry on, or participate in (whether as
owner, partner, consultant, employee, or otherwise, in any capacity whatsoever) any business
which is in competition directly or indirectly with the business of the Company in the Republic
3. of the Philippines as defined in Annex A, except wherein the Employee obtains prior written
consent from the Company
The Employee agrees that, during the term of the employment and for a period of twenty four
(24) months after the Employee ceases to be employed by the Company, or other members
of the Company’s corporate group, the Employee shall not directly or indirec tly approach,
solicit, or endeavor to entice away from the Company, whether individually or on behalf of
any other person, company, or entity, any:
director or employee of the Company to join the Employee or any other person,
company, or entity as a partner, co-venturer, employee, investor, or otherwise; or
customers, prospective customers, merchant, vendors or suppliers of the Company.
INTELLECTUAL PROPERTY
“Intellectual Property” means all intellectual property rights, including, without limitation,
rights in inventions, patents, registered designs, unregistered designs, copyright, technical
information, knowhow, or derivative works, or any similar rights as well as the right to apply
for registered protection for any such rights, which the Employee may encounter or which
may arise in the course of or as a consequence of work done for the Company. The Employee
agrees that the Company owns all such Intellectual Property
If and to the extent that any Intellectual Property is not owned by the Company, the Employee
shall irrevocably assign all such Intellectual Property to the Company or such one of its holding
company, subsidiaries or associates as the company may nominate and further agrees to
reasonably cooperate with the Company as necessary to confirm and perfect such rights for
the Company. To the extent such Intellectual Property is not transferable in any country, the
Employee hereby grants the Company an irrevocable, worldwide, royalty free, exclusive
license to use, reproduce, sublicense and otherwise employ such Intellectual Property.
The Employee acknowledges and agrees that the Company and/or any other beneficiaries
shall not be required to state the Employee’s name as a developer, with reference to any of
the Intellectual Property, when such are disclosed, published, or used. The Employee agrees
that the Company may adapt, modify, transform, translate, and/or change the integrity of
such works or creative products.
The Employee acknowledges and agrees that the Company may, at its discretion, transfer,
license, or allow other parties to use, the Intellectual Property, as well as any associated rights
or licenses extended by the Employee to the Company, with regard to any and all Intellectual
Property.
TERMINATION OF EMPLOYMENT
The Company may terminate the employment for just causes as defined under the Labor Code
of the Philippines upon written notice to explain to the Employee. Upon a finding that the
Employee has committed a just cause for termination, a notice of dismissal shall be served
upon the Employee and the employment severed from then on. Just causes may include, but
is not limited to intentional gross misconduct as unanimously determined by the Board of
Directors and the shareholders of the company or upon conviction by a court of first instance
of a material criminal offence, when applicable law so allows.
In addition, the employment may be terminated for authorized causes as defined under the
Labor Code of the Philippines by service a notice to the Employee thirty (30) days prior to the
intended date of termination.
Should you resign at anytime during your employment, you should inform the company at
least thirty (30) days in advance and continue to render the same services prior to resignation.
Should you contravene the said provision regarding the period of notice required, the
employer would be entitled to withhold your pro-rated 13th month benefit as payment for
damages that the Company may sustain by virtue of the absence of such notice.
4. MISCELLANEOUS
All other terms and conditions of employment shall be governed by the Company rules,
regulations and policies as may be promulgated from time to time. It is expressly agreed and
understood that there are no verbal agreements and understanding between you and the
Company or any of its representatives affecting this agreement and that no alterations of the
terms hereof shall be binding upon either by you and the Company.
This company reserves the right to give periodical mental and physical exam to maintain the
quality of service to our customers.
If the above terms and conditions are acceptable to you, please signify your acceptance by
signing at the bottom hereof.
We welcome you in the organization and trust that your association with us will be mutually
beneficial.
Very truly yours,
Milanie C. Noriega
HR Manager
Noted By:
I hereby acknowledge receipt of the original copy of this Contract and I agree to all the terms
stated herein.
__________________________
Signature over printed name
__________________________
Date
Cc: HRD/201 file
5. ANNEX A
Competing Businesses
1. GoJek
2. Honestbee
3. Redmart
4. Foodpanda
5. Shopwings
6. Sukamart
7. Presto
8. Bilna
9. Acommerce
I hereby acknowledge receipt of the original copy of this Contract and I agree to all the terms
stated herein.
__________________________
Signature over printed name
__________________________
Date
Cc: HRD/201 file