Employment Contract: - , A Corporation Duly Organized and Existing Under The Laws of The
Employment Contract: - , A Corporation Duly Organized and Existing Under The Laws of The
__________, a corporation duly organized and existing under the laws of the
Philippines with business address at XXX, (hereinafter referred to as the “Company”)
- And -
WITNESSETH: That
WHEREAS, the Company desires the services of a Employee for the position of stated
below.
WHEREAS, the Employee has agreed to perform the above-stated services for the
Company under the terms and conditions hereinafter set forth;
NOW, THEREFORE, for and in behalf of the foregoing premises and mutual covenants
herein contained, the parties agree as follows:
1 TERMS OF EMPLOYMENT
The Employee shall hold the position of ________________________ and shall perform
the duties and responsibilities pertinent to the said position.
The Employee understands that he/she is paid 48 hours a week, however, the
Company requires the Employee to work eight (8) hours a day, plus one (1) meal break
(non-compensable) and two (2) fifteen-minute break (part of compensable period), as
scheduled, on a five-day week basis but when the operation so requires, the Employee
must render the extra eight (8) hours.
2 DURATION OF TRAINING
The Employee understands that he/she has to undergo a training period of subject to
regular evaluations and the Company reserves the right to terminate the training
program should the Employee violate any company policies and/or fails to meet the
required standards of the training program.
Upon satisfaction of the Company of your performance after of training, the Company
may continue your training and employment for an additional of probationary period.
3 MINIMUM-STAY PERIOD
If the Employee terminates the employment with the Company or is dismissed for
cause during the training period or within six (6) months after the start of the training,
the Employee agrees to reimburse the Company immediately for the cost of his/her
training in the amount stipulated for without the need of demand.
Upon signing the Training Contract, the Employee is authorizing the Company to
deduct the sum of from any outstanding payments to the Employee and all sum
deducted from his/her salary will be immediately due without the need of demand.
4 WORK DESCRIPTION
As the Employee shall perform, among other things, the duties, functions and services
more specifically described in Annex “A”.
Subject to the supervision and pursuant to the orders, advice, and direction of
employer, employee shall perform such duties as are customarily performed by one
holding such position in other businesses or enterprises of the same or similar nature
as that engaged in by employer. Employee shall additionally render such other and
unrelated services and duties as may be assigned to him from time to time by
employer.
5 EMPLOYMENT PERIOD
In the event that your employment is not terminated during the probationary period,
at the end of the probationary period you will be notified by the Employer, whether
your employment will be continued or it will cease for failure to meet the standards as
determined for by the management. If the Employer continues your employment it will
be on the terms contained in this Agreement.
6 TERMINATION OF EMPLOYMENT
Period of Notice: In case the Employee decides to leave the Company earlier than the
required Minimum-Stay Period of ____________ he/she is required to give the
prescribed period of notice . Should the Employee fail to give the prescribed period of
notice, the Company reserves the right to impose an additional penalty on the
Employee in an amount equivalent to the number of days short of the notice, based on
the Employee’s basic daily salary rate.
The Company is hereby given the option to terminate this Employment Contract in the
event that during the term hereof Employee shall become permanently disabled,
during any year of the term because of ill health, physical or mental disability, or for
other causes beyond his control, he shall have been continuously unable or unwilling
or have failed to perform his duties hereunder for five (5) consecutive days, or if,
during any year of the term hereof, he shall have been unable or unwilling or have
failed to perform his duties for a total period of fifteen (15) days, whether consecutive
or not.
The Company reserves the right to dismiss the Employee for cause, in accordance with
the Company’s rules, regulations and policies and the provisions of the Labor Code
and other laws. In instances of serious misconduct, gross neglect of duties, breach of
trust and commission of a crime, the 30 day notice period may be dispensed with by
the Company after it is determined with due process that the Employee is guilty of the
aforementioned acts.
The Employee shall at all times faithfully, industriously, and to the best of his/her
ability, experience, and talent, perform all duties that may be required of and from
him pursuant to the express and implicit terms hereof, to the reasonable satisfaction
of the Company.
The Employee shall devote and undertake to accept various tasks that may be
assigned to him/her or to any task or position as may be deemed necessary by the
Company dependent on the exigencies of business operations and consistent with the
Company’s objective of making all employees capable of and proficient in multi-
tasking, in the attainment and completion of the project.
The Employee shall promote the good name of in all dealings with customers and
other persons with whom you will come into contact with during the course of your
employment.
The Employee shall abide by the established work hours of the Company and shall not
perform any overtime work on any given work day, rest day or holiday unless
specifically directed and authorized by the duly designated officers of the Company.
The Employee shall abide by all the Company’s policies, rules and regulations which
are in existence at the time of his/her employment and/or which may be subsequently
directed and implemented in the course of his/her employment.
The Employee is not allowed to discuss their wage, or any matters related to their
employment or the employment of their fellow staff with any clients or with other staff.
Accurate time logs and tasks undertaken should be recorded in Collab or other
Company authorized systems as may be required.
8 PERFORMANCE REVIEW
The Company may, at any given time, review the Employee’s performance and
efficiency to determine his/her suitability to complete the term. The Employee’s poor
performance as defined under the Company’s rules and regulations, including the
terms, specifications and requirements set forth by the client, shall constitute
sufficient and justifiable cause to terminate this Contract subject to the Terms above-
stipulated. The Company’s standard for the evaluation and assessment of the
Employee’s performance and efficiency is outlined in Annex “B” hereof.
Basic Pay: The employee shall receive a monthly salary of Twenty Five Thousand Pesos
(Php 25,000.00) plus the Three Thousand Pesos (Php 3,000.00) as a monthly
allowance and an additional of Two Thousand Pesos (Php 2,000.00) for the target
allowance/month base on sales, which is subject to the appropriate withholding tax
thereon.
Other Legal Benefits: The Employee shall be given such other benefits as he/she is
entitled to receive pursuant to existing laws, as may be amended from time to time.
Bonus: Any bonus, over and above statutory regulations will be at the absolute
discretion of the Management.
The Employee acknowledges and agrees that all information, documents, reports and
other tangible and intangible materials which he/she prepare has prepared as a result
of his/her employment with the Company or in the performance of his/her services
under his contract , and at whatever stage, work in progress (collectively, the
“Materials”) are and shall be the exclusive property of the Company, including without
limitation, any copyright and other intellectual property rights associated therewith
and the Employee hereby assigns all right, title and interest in and to further assign
its copyright over the Materials.
The party hereby agrees that these Materials shall be considered copyrighted materials
under the appropriate copyright laws and the Company shall have the right (but not
the obligation) to register the copyright for the Materials in the name of the Company.
The Company shall likewise have the right to further assign its copyright for the
Materials.
The Employee agrees to sign of all necessary documents and will otherwise assist the
company, at the latter’s expense, in registering the copyright and otherwise protecting
the rights of the company in and to the materials.
11 CONFIDENTIALITY
During the term of employment or anytime thereafter you will have access to
information or material which is confidential to the company, its associates, agents
and customers. Such confidential information is not to be disclosed to or discussed
with other people, either inside or outside of the company's business without the
specific approval of the Management, Chief Executive or his/her authorized manager.
You will not make use of any information, process or documents to which you have
had access to during the term of employment or at any time thereafter without the
written authorization of the company's Executive or his/her authorized Manager.
Conflicting Employment: The Employee agrees that during the term of his/her
employment, he/she will devote his/her full time and efforts to the Employer and will
not engage in any other employment, occupation or consulting activity, nor will
he/she engage in other activities that are in conflict with his/her obligations to the
Employer without the written consent of the latter.
The Employee further acknowledges that it is his/her duty and responsibility to know
and understand, to faithfully observe and comply with such other rules, regulations,
and issuances regarding or affecting your employment with the Company.
The Company reserves the right to make future amendments, modifications, revisions
or supplements to its Code of Conduct and Company policies and procedures.
However, no such revision, amendments or modifications shall be effective unless
posted in conspicuous places within the Company’s premises.
12 NON-INVOLVEMENT PROVISION
The EMPLOYEE further undertakes that during his/her engagement with EMPLOYER
and in case of separation from the Company, whether voluntary or for cause, he/she
shall not, for the next six (6) months thereafter, engage in or be involved with any
corporation, association or entity, whether directly or indirectly, engaged in the same
business or belonging to the same web designing as the EMPLOYER. Any breach of the
foregoing provision shall render the EMPLOYEE liable to the EMPLOYER in the
amount equivalent to six (6) months times monthly basic pay and as liquidated
damages.
you may not without the prior written consent of the Employer for a period of 6
months after the date of your termination of employment with the Employer (including
by way of your resignation) be directly or indirectly engaged, concerned or interested,
as an employee, trustee, principal, agent, shareholder, independent contractor,
consultant, adviser or in any other capacity, in any business, undertaking or venture
which in the reasonable opinion of the Employer is engaged or concerned in
competition with the Employer, in the business of web designing; and
You may not, either directly or indirectly, on your own account or on behalf of any
other person, during the period of your employment with the Employer and for a
period of 12 months after the date of your termination of employment with the
Employer (including by way of your resignation). Any breach of the foregoing provision
shall render the EMPLOYEE liable to the EMPLOYER in the amount equivalent to
twelve (12) months times monthly basic pay and as liquidated damages in the case of:
Solicit, canvass, induce or encourage (or attempt to do any of these things) any
employee or agent of the Employer or of any Related Body Corporate of the Employer
to terminate their contracts of employment or agency with the Employer or with any
Related Body Corporate of the Employer; or
Solicit, canvass, approach or accept any approach (or attempt to do any of these
things) from any customer of the Employer or of any Related Body Corporate of the
Employer or any person who during the twelve months immediately preceding the
termination of your employment was a customer of the Employer or of any Related
Body Corporate of the Employer (“Prior Customer”) with a view to soliciting the
business or custom of that customer; or
Solicit, canvass, approach or accept any approach (or attempt to do any of these
things) from any person whose business or custom the Employer or any Related Body
Corporate of the Employer was cultivating at the time of termination of your
employment with a view to soliciting the business or custom of that person; or
Interfere or seek to interfere with the relationship between the Employer or any
Related Body Corporate of the Employer and the customers, suppliers and employees
of the Employer or any Related Body Corporate of the Employer. It is specifically
acknowledged by you that:
The Employer’s rights under this clause are in addition to, and do not derogate from
or affect the Employer’s common law or equitable rights; and
These restrictions are reasonable and that injunctive relief may be soughtby the
Employer to enforce these restrictions
13 PROFESSIONAL BEHAVIOR
14 AUTHORITY TO DEDUCT
You hereby expressly authorize the Company to deduct from any amount payable to
you at the time of the termination of this contract or expiration of your employment
any claim which the company may have against you, under and by virtue of, or arising
from this Contract. If the amount due you is not sufficient to satisfy the claims of the
company, the company may not be stopped from taking the proper necessary actions
to ensure full payment of any and all such claims.
15 MODIFICATIONS
The contract shall be governed by and construed in accordance with laws of the
Republic of the Philippines.
17 ENTIRE AGREEMENT
This contract constitutes the entire agreement between the parties when executed by a
duly authorized representative of the Company and the Employee, and supersedes all
prior agreements, oral or written, and all other communications between the parties
relating to the subject matter described in this Contract. Headings are for reference
only and shall not affect the meanings of any term of this contract.
IN WITNESS WHEREOF, the parties have hereunto signed on the date and at the place
first above-written.
(Company) (Employee)
Signature of Officer
Signature of Employee
Name Name
Position
Date
Date
Signed in the presence of (Name)
Signature
Date Date
ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in _________ this _____day of ______________
personally appeared in the following: