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Memorandum of Agreement
Memorandum of Agreement
MAXIWIN MANPOWER SERVICES, an enterprise duly organized and existing under and
by virtue of the laws of the Philippines with principal place of business at Rm. 8 2/F Munoz
Market Bldg., Roosevelt Ave., corner EDSA Quezon City, represented by its General Manager,
Ms. Glenna B. Masujer, hereafter referred to as the FIRST PARTY;
-and-
______________________________, a sole proprietor duly organized and existing
under and by virtue of the laws of the Philippines with principal place of business at
__________________________________________, represented by ___________________
hereinafter referred to as the SECOND PARTY;
WITNESSETH:
WHEREAS, the FIRST PARTY is engaged in the business of rendering business processing
service and supply of personnel such as but not limited to pump attendant, cashier, supervisor,
delivery man, laborer, driver, encoder, and office staff.
WHEREAS, the SECOND PARTY seeks to avail of the manpower supply and business
processing offered by the FIRST PARTY;
NOW, THEREFORE, for and in consideration of the foregoing premises and the mutual
covenants subsequent hereto, both parties hereby enter into this Services Agreement in
accordance with the following terms and conditions:
1. The First Party shall take responsibility in the distributions and preparation of Payroll
including the computation of wages, appropriate benefits and deductions as
mandated by law, whenever applicable, for the manpower deployed to serve the
Second Party.
2. The Second Party shall take full responsibility in the payment of the payroll including
the mutually agreed Service fee.
a. The Second PARTY shall pay legally mandated holiday pay and
overtime pay rendered by all personnel deployed by the First Party
b. The Second Party shall pay the First Party the billable amount.
3. The service fee shall be TEN PERCENT (10%) FEE computed from the monthly gross
billing. Attached herewith is the sample billing format marked as Annex “A”.
4. The Second Party shall not hire directly any personnel provided by the First Party
until after the contract between the First Party and the personnel has been
completed. In case the Second Party, for whatever reason, chooses to directly hire
and absorb any personnel(s) and said personnel(s) are yet to be free from the
employment contract with the First Party, the Second Party shall pay the First Party
an amount equal to the remaining days of the personnel(s) contract multiplied by
the Agency Fee (calendar days)
5. The First Party may from time to time, issue oral or written instruction(s), rules and
regulations and other necessary policies which shall be followed and enforced by the
Second Party and its site-deployed personnel.
6. There shall be no employer – employee relationship between the Second Party and
the personnel deployed by the First Party. Whatever instruction(s) which may be
given directly by the Second Party to the personnel deployed by the First Party shall
be construed simply as Second Party’s interest to provide efficient services to its
customers.
7. The First Party retains and exercises the sole, absolute and exclusive rights as the
employer of the personnel assigned at the site and to re-assign, suspend or
terminate the same for whatsoever reason.
8. In relation to par. 7, Second Party undertakes to notify within reasonable time any
personnel who violates any company policy and it should ONLY be the First Party
who will notify of any decision of termination/suspension in accordance with due
process of law.
9. This contract shall be effective for the period of one (1) year from March 1, 2018 to
February 28, 2019.
10. The Second Party shall be liable for the payment of government mandated benefits
of SSS, PHILHEALTH, PAG-IBIG and Prorated 13th month pay.
IN WITNESS WHEREOF, the parties hereunto sign this Agreement this ___ day of______,
2018 in _______________.
ACKNOWLEDGEMENT
Known to me to be same person/s who signed and executed the foregoing Manpower
and Business Process Services Contract, and acknowledged to me that the same is executed as
his / their free and voluntary act and deed of the uses and purposes therein set forth.
I further certify that said Contract consists of three (3) pages. Including this one, and
signed by the above named party / parties and his / their witnesses on each every page thereof.
IN WITNESS WHEREOF, I have hereunto affixed my signature and Notarial Seal in the
________________, Philippines, this __________________.
NOTARY PUBLIC