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CONTRACT OF EMPLOYMENT

The Employer and the Employee both named below, enter into this Contract this ___________________ and agree as follows:

Employer _________________ CORPORATION doing business under ________________________

Address of
Employer/Other Address:
Info.
Telephone No.

Cell phone No.

Email address:

Authorized
Representative of Name Position
Employer
Juan Dela Cruz President

Employee EMPLOYEE NAME

Address of
Employee/Other Address:
Info.
Telephone No.

Cell phone No.

Email address:

Commencement 01 January 2017 and shall continue until terminated

Status Probationary Employment* for 6 months.

*Performance will be evaluated throughout the 6-month probationary period to determine eligibility and
qualification and fitness for promotion to Regular Employment.

Termination Either party can terminate this agreement only on grounds allowed by law, subject to thirty (30) days
written notice.

Employee must render service and turn over to the employer his pending assignments during the 30 day
period.

Job Title/
Description/Dutie Job Title: Front Desk Receptionist
s
Job Description/Duties: Refer to attachment - Annex A

Place of Work

Employer Representative 1

Employer Representative 2

Employee

1
GENERAL TERMS AND CONDITIONS OF EMPLOYMENT

1. Compensation
A. The employees wage shall be paid in cash on the 15th and the last working
(The Employer Php
day of every week/month which represents the applicable minimum wage in
shall review the 400.00/day
the Region.
employees’ wage
rates at least once B. The employee shall be entitled to the following allowances/payment in kind:
a year)
B.1 Commissions and shares in tips on the basis of job performance Variable

B.2 Daily allowance for meals Php 50.00

C. The total value of the above remuneration shall be Php

*Wage Order No. RBIII-21 for Retail/Service establishments with less than 10
workers is P375.00

2. Hours of Work
From Until

REGULAR Normal working hours on WEEKDAYS shall be: 7:00 am 4:00 pm

Normal working hours on WEEKENDS shall be:

OVERTIM Employees may work overtime on a per demand basis and 4:00 pm onwards
E shall be compensated with overtime pay

MEAL Employees are entitled to sixty (60) minutes time-off for 12:00 pm 1:00 pm
PERIODS regular meals.

3. Leaves
Allowed Maternity Leave 105 days or 3 months of paid leave

Paternity Leave 14 days of paid leave.

Solo Parents Leave 7 days of paid leave

4. Thirteenth Employees who have worked for at least one (1) month during a calendar year are entitled to 13th month
(13th) Month Pay pay to be given no later than December 24 of every year.
Employees who perform work within eight (8) hours on rest days and special days shall be entitled to
5. Premium Pay
Premium Pay
6. Clothing Employees shall be provided ______ sets of uniforms, which will remain the property of the employer.

7. Other Statutory
Benefits Social Security Benefits (SSS) PhilHealth Benefits Pag-IBIG Benefits

8. Employee The employee agrees to abide by company rules and regulations governing employee conduct and the
Conduct terms and conditions found in this contract.

The employee agrees to observe safety standards in his work and the preservation of the clinic and its
equipment shall be of paramount consideration.

Employer Representative 1

Employer Representative 2

2
Employee

Employees shall have no direct or indirect interest in any business or entity, whether for profit or not, directly
9. Non-compete
in competition with or offering the same service as __________Corp. nor shall employee take any interest
clause
that is in conflict with or inimical to Employer.

In the event of termination or separation for whatever reason, the undersigned employee undertakes not to
seek employment in a company offering the same or similar services nor solicit business from any of the
Employer’s clients. Additionally, undersigned employee undertakes not to be involved in any manner in a
company or business of the same type within the province of Tarlac for a period of three (3) years from the
date of separation or termination.
The undersigned employee undertakes not to disclose any confidential information regarding
10.
__________Corp., he may have accessed by the nature of employment.
Confidentiality
Clause
Both parties undertake to observe utmost confidentiality in all other aspects of employment and shall not
disclose, without the written consent of the other, the contents of this Contract except when required to be
disclosed by law pursuant to a valid law, rule or regulation or when disclosed to the parties’ respective legal
counsels, finance officers, and similar persons whose expertise and/or authorization is required.
11. Venue The parties agree to settle amicably any disputes that may arise out of this Contract but should amicable
settlement prove to be impossible, the parties agree that any action arising out of or in relation to the
implementation or interpretation of this Contract shall be filed in the appropriate court in Tarlac City, to the
exclusion of all other courts.
The parties may agree to modify the terms of this Contract any time. Provided, that any such change will
12. Amendment
only be valid if made in writing and have been agreed and signed by both parties and shall be made an
integral part hereof.
The parties agree that if any portion of this contract is found to be void, invalid, or unenforceable, the
13. Severability
provisions which remain valid and which can be harmonized so as to give life to this contract shall remain
intact.
This contract with its attachments and annexes represents the entire agreement between the parties and
14. Entirety
supersedes any previous written or oral agreement.

SIGNATURES

BY, AFFIXING OUR SIGNATURES, WE AGREE TO AND ARE BOUND BY THE TERMS OF THIS CONTRACT.

THUS DONE AND SIGNED AT TARLAC CITY ON ____________________________.

EMPLOYER __________CORPORATION DOING BUSINESS UNDER __________________________.

Name Position Signature

Employer Representative 1 President


By:

Employer Representative 2 H.R. Officer

EMPLOYEE EMPLOYEE NAME

Employee’s
handwritten
name and
Signature

3
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)
TARLAC CITY )S.S.

Before me, the undersigned Notary Public, on ___________________, in Tarlac City personally appeared the following persons
and exhibited the following identification cards as competent proof of their respective identities:

Name Competent Evidence of Identity

__________CORPORATION TIN No. 000-000-000-000

Employer Representative 1 Driver’s License No. _____

Employer Representative 2 Postal ID No. ________

They are the same persons who executed the foregoing Contract of Employment and whose names are signed on the preceding or
attached document, and acknowledged to me that they signed the document voluntarily for its stated purpose, and on behalf of the
corporation they represent.

The Contract of Employment, consisting of ______ (__) pages, including the page where this Acknowledgment is written, is signed on
each and every page by the Parties and their respective witnesses.

BY MY HAND AND SEAL, on the date and place written above.

Doc. No. ______


Page No. ______
Book No. ______
Series of 2019

4
ANNEX A

GUIDELINES
1. Termination It is understood that “Termination” can only be for just and/or authorized (Arts. 283 and 284, Labor
(by Employer) Code) causes as provided under the Labor Code, and upon proper compliance with due process
requirements.

Just Causes: (Art. 288, Labor Code) Violations by the employee either due to fault or negligence

1 Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or
. representative in connection with his work;

2
Gross and habitual neglect by the employee of his duties;
.

3 Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized
. representative;

4 Commission of a crime or offense by the employee against the person of his employer or any
. immediate member of his family or his duly authorized representative; and

5
Other Analogous cases.
.

Procedural due process twin-notice rule: (a) written notice to employee informing him of the ground for
requirement: his dismissal and allowing him five (5) days to respond; and (b) notice
informing the employee of his dismissal, issued after giving him reasonable
opportunity to be heard.

Authorized Causes: (Arts. 289, 290, Labor Code) For business exigencies allowing termination of
employment.

1 Installation of labor-saving device; Introduction of machinery or automation processes to


. increase productivity
Overlapping of services rendered by employees as a result of
2
Redundancy; decrease in volume of business or dropping of a product or
.
service previously offered
Retrenchment to prevent losses; Preemptive cutting of costs in salaries and wages to avoid
3
perceivable business losses, which must be serious, actual
.
and real

4 Closure or cessation of operations Actual shutdown of business operations. May be total or


. of business; and partial

5 Continued employment must be prejudicial to employee and


Disease. (twin-notice rule)
. his co-workers and incurable within six (6) months

Procedural due process Notices furnished to the DoLE and the employee, thirty (30) days prior to the
requirement: effective date of termination.

Except that termination due to disease requires twin-notice rule.

2. Wage *Per Wage Order No. RBIII-21

5
3. Hours of
Work Rate

NORMAL WORKDAY Consists of eight (8) hours of work within a day or a twenty-four 400.00
(excluding overtime) (24) hour period.

OVERTIME (OT) Work performed beyond eight (8) hours a day within a twenty-
four (24) hour period.

OT pay: Work > 8 hours on ordinary working days 25% of


hourly
rate

Work > 8 hours on rest days or special or regular holidays 30% of


hourly
rate on
said days

MEAL PERIODS sixty (60) minutes time-off for regular meals.

WEEKLY REST DAY Not less than twenty-four (24) consecutive hours after every six
(6) consecutive normal work days.

Premium pay: Work within eight (8) hours on non-work days, such as rest days 130%, or
and special days. 150% if
special
day falls
on a rest
day

SPECIAL DAYS Principle of “no work, no pay” applies: For work


performed
Ninoy Aquino Day (Monday nearest August 21) on rest
days or
All Saints Day (November 1) on special
days: plus
Last Day of the Year (December 31) 30% of
the daily
basic rate
of 100%

3. Leaves
Allowed Maternity Leave Under RA 11210 or the Expanded Maternity Leave Act, any pregnant female
worker who gives birth is granted 105 days of leave with pay; 60 days with full
pay, if in case of miscarriage or emergency termination of pregnancy. May be
extended to an additional 30 days but without pay.

If qualified as a solo working mother, additional 15 days of paid leave for a total
of 120 days.

Paternity Leave All married male employees are entitled to a paternity leave of seven (7) days
with full pay. This is available only for the first four (4) deliveries of the legitimate
spouse with whom the male employee is cohabiting.

Under RA 11210 or the Expanded Maternity Leave Act, any female worker who
avails of maternity leave may transfer up to 7 of her 105 days of paid leave to
the child’s father, whether they are married or not.

Solo Parents Leave “Solo Parent” employees as defined under R.A. 8972, who have rendered
service of at least one (1) year whether continuous or broken, are entitled to
seven (7) working days of leave with full pay, to attend to their parental duties.

4. Thirteenth
Employees who have worked for at least one (1) month during a calendar year are entitled to 13th month pay
(13th) Month
to be given no later than December 24 of every year.
Pay

6
ANNEX B

MODEL / TALENT
POSITION

JOB DESCRIPTION:

1.
2.
DUTIES
3.
4.
5.

1.
2.
3.
RESPONSIBILITIES
4.
5.
6.

7
CONFORME:

I have read and understood the above duties and responsibilities relating to my employment
at __________CORP. and I freely and voluntarily accept them and understand that my
failure to comply with the above terms and conditions may be used as grounds for the
termination of my employment.

_________________________________
signature over printed name – date

MODELLING / TALENT AGREEMENT

PURPOSE. This contract is for the engagement of the model/talent as an ad model.


__________will engage _______________ as a brand ambassador using his/her
likeness/image for promotional materials including but not limited to video ads, photo ads,
print ads, posters, banners, tarpaulins, flyers.

DESCRIPTION OF SERVICES. Beginning on ____, ____ will provide the following


services:

a.
b.
c.
d.

COMPENSATION FOR SERVICES. Payment shall be made in _________________

TERM/TERMINATION. This contract will terminate automatically upon completion by


___________________ of the Services required under this Contract.

WORKING HOURS.

WARDROBE. __________may direct ____ to wear certain items of clothing necessary for
the ad to be produced. In such case, should the talent not have the required items,
__________may furnish the wearing apparel in connection with and appropriate for the
material or assignment. All items furnished by __________shall remain its exclusive
property.

TRANSPORTATION. Should the assignment require travel, __________shall provide for


transportation or arrange and pay for transportation related expenses.

RELATIONSHIP OF PARTIES. It is understood by the parties that ____ is an


independent contractor with respect to ______, and not an employee thereof.
__________will therefore not provide fringe benefits, health insurance benefits, or any other
employee benefit, for

8
WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries,
inventions, patents, products, or other information developed in whole or in part by in
connection with the Services rendered will be the exclusive property of ______. Upon
request, _____ will execute, within a reasonable period of time, all documents necessary to
confirm or perfect the exclusive ownership of __________to the Work Product.

CONFIDENTIALITY. ____undertakes that he/she will treat any information that is


proprietary to __________with utmost confidentiality and will not at any time or in any
manner, either directly or indirectly, use for personal benefit, or divulge, disclose, or
communicate in any manner, any of such information.

This provision will continue to be effective after the termination of this Contract. Any oral or
written waiver

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