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CONTRACT OF EMPLOYMENT

KNOW ALL MEN BY THESE PRESENTS:


This Contract of Employment is executed this ______________ at __________________ this
____insert date_____ by and between:

Chocolate Delights Minimart. a sole proprietor duly organized and existing in


accordance with laws of the Republic of the Philippines, with principal office at C3 Mall
Pagadian City, Zamboanga del sur represented in this act by its President, Lady Glorien
S. Cayon hereinafter referred to as the EMPLOYER;
-and-

________________________ of legal age, Filipino and a resident of ____)____, herein


referred to as the EMPLOYEE.
WITNESSETH: THAT –

WHEREAS, the Employer is engaged in ________state nature of business (e.g. business


process outsourcing or BPO);

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 (e.g. DATA COLLECTION AGENT)
under probationary status for a period of six (6) months reckoned from the first day of
actual work.

2. COMPENSATION:
Employee will receive a gross basic monthly rate of PHP__________________, subject to
withholding tax, SSS premiums, Pag-ibig contributions, Philhealth dues and other
government-required deductions. In addition, EMPLOYER will pay the mandatory
13thmonth salary at the end of each calendar year and EMPLOYER may at its discretion
provide 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.
3. REGULARIZATION OF EMPLOYMENT
By 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;
4. VACATION AND SICK LEAVE BENEFITS
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 earned during the calendar.

5. DUTIES AND RESPONSIBILITIES


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.

Employee is obliged to perform his duties loyally, independently and 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.

6. PLACE OF WORK
Employee’s primary place of work will be _____state place_____, 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.

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 AFTER EMPLOYMENT


In the event Employee is separated or terminated from employment for whatever
reason, he shall not seek employment in a local or foreign firm engaged in a business
similar to that of the Employer nor establish or set up a business offering similar
services for a period of one (1) year from date of separation or termination unless with
the consent of the Employer.

11. INTELLECTUAL PROPERTY


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.

12. NON-DISCLOSURE AND CONFIDENTIALITY


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.

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 and formula, whether authored by employee or
otherwise.

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.

13. 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
attorneys’ fees incurred as a result of the breach of this Agreement or his willful act,
omission, fraud or negligence.

14. 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 of the following
grounds, inter alia:

 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;
 Other causes provided in the Company Rules and Regulations; and
 Other analogous causes.
15. ACCEPTANCE OF TERMS AND CONDITIONS OF EMPLOYMENT

Employee’s affixing of his signature on the herein Employment contract means that:

1. Employee has read and fully understood the terms and conditions hereof and accepts
the same;
2. 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.
IN WITNESS WHEREOF, we hereunto affix our signatures on the date and at the place
first above written.

ABC INC. ______________________

Employer Employee

By:

________________________

President

Signed in the presence of:

_____________________ _____________________

ACKNOWLEDGMENT

Republic of the Philippines)

_____________________ ) SS.

BEFORE ME, a Notary Public for and in ___________________________ this


______________________ personally appeared the following persons whose identities I
have confirmed through competent evidence of identity bearing their pictures and
signatures as described below:
DATE AND PLACE
OF
TYPE ISSUANCE/EXPIRY
NAME OF ID. NUMBER DATE.

all known to me to be the same persons who executed the foregoing instrument
consisting of ____ pages including this page where the Acknowledgment is written and
they acknowledged to me that the same is their free and voluntary act and deed.

WITHNESS MY HAND AND SEAL at the place and on the date first-above written.

Doc. No. _______;

Page No. _______;

Book No. ______;

Series of _______.

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