Sample Employment Contract For Driver
Sample Employment Contract For Driver
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WITNESSETH THAT:
WHEREAS:
NOW, THEREFORE, for and in consideration of the foregoing premises, the parties to
this Agreement agree as follows:
1. Employment
The Employer will hire the Employee as a new employee in the position of Driver effective
on [date]. The Employee recognizes the right and prerogative of the Employer to change
his/her duties and responsibilities according to the Employer’s needs.
2. Probationary Employment
If the Employee fails to meet the standards for regularization of employment of the Employer,
the Employer may terminate this Agreement by giving the Employee notice before the
effective date of termination.
Before or at the end of the Probationary Period and upon complying with the Employer’s
standards for regularization of employment, the Employee may become a regular employee.
Upon regularization, the Employee agrees to be governed by the same terms and conditions of
this Agreement as well as other rules and regulations of the Employer.
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For all services rendered by the Employee, the Employee shall receive a gross salary and such
other compensation and benefits as set forth below.
The Employee’s salary shall be deducted, where applicable, Social Security System,
Philippine Health Insurance Corporation and Home Development Mutual Fund (Pag-IBIG
Fund) contributions, withholding taxes, and other mutually-agreed or government-mandated
deductions to be borne by the Employee.
Notwithstanding any provision to the contrary, it is expressly agreed that any bonus, benefit
or other payment given by the Employer to the Employee in excess of that specified in this
clause shall not be considered salary that the Employee is contractually entitled to, but as a
gratuity that the Employer reserves the right to discontinue or revise at any time, at its sole
discretion. Furthermore, incidents when the Employer gives any bonus, benefit or other
payment in excess of that specified in this clause shall not be considered as an established
practice or precedent and shall not form part of those due and demandable under this
Agreement.
The compensation package defined in this clause shall comprise all that is due to the
Employee and the latter shall not be entitled to any other amount, bonus or benefit.
Aside from the just and authorized causes for terminating employment enumerated in Articles
297 to 298 of the Labor Code of the Philippines and notwithstanding any provision to the
contrary in this Agreement, the following acts and/or omissions of the Employee shall,
without limitation, similarly constitute just and authorized grounds for the Employer to
terminate the Employee’s employment with the Employer and/or grounds for the Employer to
impose disciplinary measures on the Employee:
4.2 Commission of an act that results in the Employer to lose confidence in the
Employee’s ability to satisfactorily perform his/her duties and
responsibilities;
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4.8 Intentional or unintentional violation or breach of confidentiality of
information belonging to the Employer;
In the event that the Employee wishes to terminate his/her employment for any reason or
cause, he/she must give thirty (30) days written notice to the Employer prior to the effective
date of termination.
Upon termination of his/her employment for any reason or cause, the Employee shall
promptly account for, return, and deliver to the Employer at the latter’s main office, his/her
identification cards, uniform, and all company property that may have been assigned or
entrusted to his/her care or custody.
Should the Employee have unpaid or pending obligations to the Employer, monetary or
otherwise, upon the termination of his/her employment for any reason or cause, the Employee
expressly agrees and authorizes the Employer to make the necessary deductions from the
salary, bonuses and any other amounts or benefits that may be due to him/her, to effect
settlement or payment of his/her unpaid or pending obligations. This is without prejudice to
the right of the Employer to effect settlement or payment of the obligations of the Employee
through other legal means should the salary, bonuses and any other amounts or benefits due to
the Employee be insufficient to cover his/her unpaid or pending obligations.
5. Confidentiality
The Employee shall not accept or use on behalf of the Employer any confidential information
belonging to third parties without the prior written consent of the Employer.
The Employee shall ensure that all information, records and documents belonging or
pertaining to the Employer and its clients are kept confidential and that at no time shall any
unauthorized disclosure or reproduction of the same be made by the Employee or by anyone
acting under the Employee’s direction.
5.1 Any information, data, figures, sales figures, projections, estimates, customer
lists, tax records, personnel history, accounting procedures, promotions and
the like shall be considered and kept as the confidential records of the
Employer and shall not be divulged to any person, firm, corporation or other
entity, except with the written authorization of the Employer;
5.2 He/She shall at all times, even after the termination of this Agreement for any
reason or cause, treat as confidential any information on the Employer and
shall not release any such information to any person, firm or other entity,
either by statement, deposition or as a witness, except upon the written
authorization of the Employer. The Employer shall be entitled to an
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injunction by any competent court or authority to enjoin and restrain the
unauthorized disclosure of such information;
5.3 In the event that the Employee is required by law, regulation or court order to
disclose any confidential information, he/she shall notify the Employer in
writing prior to making such disclosure and help the Employer obtain a
protective order or other appropriate remedy from the proper authority. The
Employee agrees that, if any disclosure is required by law, regulation or court
order and the Employer is unable on a timely basis to obtain a protective
order or other applicable remedy from the proper authority, he/she shall
furnish only that portion of the confidential information that is legally
required to be disclosed and shall exercise all reasonable efforts to obtain
reliable assurances that confidential treatment will be accorded the
information disclosed;
5.4 All information, data, records, documents and other such items pertaining to
the Employer’s businesses, processes, products, marketing and research
activities, including those in the formative stages, made by the Employee
during his/her employment, solely or jointly with others, whether or not
resulting from the performance of his/her duties and responsibilities, shall be
and is hereby assigned to the Employer.
The Employee’s obligations under this clause shall survive the termination of this Agreement.
6. Restrictive Covenant
During his/her employment with the Employer, the Employee shall devote his/her best efforts
and his/her entire time to advance the interests of the Employer, and he/she shall not, without
the prior written consent of the Employer, directly or indirectly, alone or as a member of a
partnership, or as an officer, director, or stockholder of any other corporation, be engaged in
or concerned with any other commercial duties or pursuits whatsoever.
It is understood that with respect to matters not covered by this Agreement, the provisions of
the Labor Code of the Philippines, its implementing rules and regulations, and special laws
shall apply.
8. Entire Agreement
This Agreement represents the entire and only agreement and understanding between the
Employer and the Employee, and supersedes and cancels all previous oral or written
agreements, negotiations and commitments relating to the subject matter hereof and may not
be amended or modified, in any manner except by an instrument in writing signed by the
parties to this Agreement.
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The Employee acknowledges that he/she has read and understood this Agreement. The
Employee also acknowledges that he/she is not subject to any restrictions that would prevent
him/her from working in the Employer and performing his/her duties and responsibilities
pursuant to this Agreement.
In the event that the Employer should waive in writing any part of this Agreement or that any
part hereof should be determined to be unenforceable, the Employee shall not be relieved
from the remaining provisions of this Agreement.
IN WITNESS WHEREOF, the parties to this Agreement have executed this document as of
the date first mentioned.
[NAME OF COMPANY/EMPLOYER]
By:
_________________________ _________________________
Name: [Name of Employee]
Position:
_________________________ _________________________
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ACKNOWLEDGMENT
[NAME OF EMPLOYER]
represented by:
[Name of authorized officer]
[Position of authorized
officer]
identified by me through competent evidence of identity to be the same persons who executed
the foregoing Employment Agreement and they acknowledged to me that the same is their
free and voluntary act and deed, and the free and voluntary act and deed of the corporation
herein represented.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the date and
at the place first above written.
NOTARY PUBLIC
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ANNEX “A”
External Appearance
The Employee must keep himself/herself neat, presentable and well groomed at all times.
He/She must carry himself/herself in a dignified and respectful manner.
The Employee must be able to strictly observe scheduled workdays, work hours and
break periods. He/She must be able to report to work regularly and on time. Frequent
absences, tardiness or “undertime” is strictly forbidden.
Job Competence
The Employee must prove his/her knowledge and understanding of the nature, details and
demands of his/her job. He/She must be able to demonstrate ease in learning the
rudiments of his/her job and in understanding instructions.
Attitude
The Employee must demonstrate a sincere interest and enthusiasm in his/her job. He/She
must show a positive outlook towards the Employer, its business, operations, beliefs and
concerns. He/She must show willingness to learn and to overcome job difficulties.
He/She must be able to perform his/her job with a positive attitude even while working
under stress. This includes having the quality of initiative, responsibility and foresight.
Discipline
The Employee must be able to comply with the Employer’s rules and regulations.
He/She must be able to show maturity in accepting criticisms and remarks regarding
his/her work and attitude.
The Employee must be able to show respect to his/her superiors, co-employees and others
in general. He/She must be able to work well with others. This includes the ability to
cooperate and to work as part of a team.
The Employee must be able to prove to the satisfaction of the Employer advanced skills,
initiative and competence in his/her duties and responsibilities.
____________________
[Name of the Employee]
Date:
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