CONTRACT OF EMPLOYMENT

CONTRACT OF EMPLOYMENT
KNOW ALL MEN BY THESE PRESENTS:
This Contract of Employment (Contract) is executed this ______________ at

__________________ this _________ by and between:
____________________________________ a corporation duly organized and existing in

accordance with laws of the _________________________, with principal office at
______________________________, represented in this act by its President,
__________________, hereinafter referred to as the EMPLOYER;
-and-
___________________________________, of legal age and a resident of

______________________________, herein referred to as the EMPLOYEE.
WITNESSETH: THAT –
WHEREAS, the EMPLOYER is engaged in

____________________________________________;
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 ______________ 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 13th month 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 at

_______________________, 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;
7. HOURS OF WORK: EMPLOYEE shall render a minimum of eight (8) hours of

work per day and report for work at least five (5) days per week. It is
understood that EMPLOYEE is being employed with a level of confidence and
degree of responsibility that may further require him to render work beyond
normal business hours for which EMPLOYEE may be justly remunerated;
8. OVERTIME WORK: In case the demands of business or the Company would

require EMPLOYEE to work more than his regular work schedule, he may be
required to render overtime work and shall be entitled to overtime pay as
provided by law. Overtime work is not compensable for managerial employees
unless otherwise declared by management;
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 Contract 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:
a. Inefficiency;
b. Incompetence;
c. Tardiness;
d. Insubordination;
e. Breach of confidentiality and non-disclosure;
f. Violation of Company’s intellectual property rights;
g. Just and authorized causes enumerated in Article 282. 283. And 284 of
the labor code;
h. Other causes provided in the Company Rules and Regulations; and
i. Other analogous causes.
15. ACCEPTANCE OF TERMS AND CONDITIONS OF EMPLOYMENT:

EMPLOYEE’s affixing of his signature on the herein Contract means that:
a. EMPLOYEE has read and fully understood the terms and conditions
hereof and accepts the same;
b. 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.
_______________________ _________________________
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:
NAME TYPE OF ID. NUMBER DATE AND PLACE OF ISSUANCE/EXPIRY
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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KNOW ALL MEN BY THESE PRESENTS:

This Contract of Employment (Contract) is executed this ______________ at

____________________________________ a corporation duly organized and existing in

___________________________________, of legal age and a resident of

WHEREAS, the EMPLOYER is engaged in

NOW THEREFORE, the parties hereby agree as follows:

1. APPOINTMENT: EMPLOYEE is hereby appointed as ______________ under

2. COMPENSATION: EMPLOYEE will receive a gross basic monthly rate of

3. REGULARIZATION OF EMPLOYMENT: By the end of the six-month

4. VACATION AND SICK LEAVE BENEFITS: Upon regularization, EMPLOYEE

5. DUTIES AND RESPONSIBILITIES: EMPLOYEE shall perform the duties and

EMPLOYEE is obliged to perform his duties loyally, independently and

6. PLACE OF WORK: EMPLOYEE’s primary place of work will be at

7. HOURS OF WORK: EMPLOYEE shall render a minimum of eight (8) hours of

8. OVERTIME WORK: In case the demands of business or the Company would

11. INTELLECTUAL PROPERTY: The Company shall be entitled to sole ownership

12. NON-DISCLOSURE AND CONFIDENTIALITY: EMPLOYEE acknowledges and

In order to safeguard the Company’s interest and the confidentiality of its

Failure to comply with this confidentiality undertaking shall be construed and

14. TERMINATION: EMPLOYER reserves the right to terminate or cancel this

15. ACCEPTANCE OF TERMS AND CONDITIONS OF EMPLOYMENT:

Signed in the presence of:

REPUBLIC OF THE PHILIPPINES)

BEFORE ME, a Notary Public for and in _______________________________________ this

Doc. No. _______;

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