Professional Documents
Culture Documents
–and–
Witnesseth, That:
WHEREAS, the 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, for and consideration of the foregoing premises, the parties
hereby agree as follows:
1.2. This Contract is subject to the EMPLOYEE’s submission of valid documents for
employment, such as, but not limited to, Medical Certificate, Proof of Residence
(i.e. passport, or driver’s License, or voter’s ID card); NBI (National Bureau of
Investigation) Clearance; Proof of Previous Employment (i.e. Certificate of
Employment from last 2 employers); Proof of SSS Number (E-1/ E-4 Form);
Proof of PAG-IBIG Number; Proof of Tax Identification Number (TIN) and tax
compliance (i.e. BIR Form 1902 or 2305, and BIR Form 2316); Photocopy of
birth certificate; Photocopy of marriage contract if applicable; Photocopy of birth
certificate of dependents; Proof of education (i.e. transcript of records or
diploma); four (4) pieces 2x2 ID photo; and four pieces 1x1 ID photo and
Gaming Employment License (GEL) as may be required by PAGCOR;
1.3. If EMPLOYEE is unable to comply with the above pre-employment conditions
and requirements to the satisfaction of the EMPLOYER and the law, as of his/her
appointment date or as per agreed extension by the HR Department, this Contract
shall be deemed void and your services will be ended with due notice.
1.4. EMPLOYEE shall report to and be under the direct supervision of the
[POSITION OF THE IMMEDIATE SUPERIOR] (until further notice) and/or
his/her authorized representative hereafter, “Immediate Superior”), and shall work
under the departmental leadership of the same. These reporting lines may change
in the event of transfer or upon discretion of the Company.
2. COMPENSATION
3. PROBATIONARY STATUS
3.1. The EMPLOYEE shall be on probation for six (6) months starting from [START
DATE] and ending on [END DATE]
3.2. The probationary period has been explained and is understood by the
EMPLOYEE prior to his/her signing this Contract. The EMPLOYEE is also
supplied with the Employee’s Handbook containing the terms and conditions of
probationary employment.
4. EVALUATION
4.2. The standards for regularization to be evaluated, which are made known to the
EMPLOYEE, shall be the following:
a. Dependability
b. Trustworthiness
c. Knowledge of work
d. Efficiency
e. Initiative
f. Productivity
g. Attitude towards work, the public, the Company, its officers, co-employees
and colleagues
h. Cooperation
i. Client Response
j. Judgment
k. Punctuality
l. Quality/Quantity of work Educability
m. Articulateness
n. Attendance
o. Professionalism
5. REGULAR STATUS
5.1. The EMPLOYEE shall acquire regular status upon the satisfactory evaluations
and recommendations made by the individuals mentioned above.
7. PLACE OF WORK
8. WORK SCHEDULE
8.1. The EMPLOYEE shall render a minimum of ten (10) hours of work per day,
including one (1) hour break with no pay and report for work for 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
work beyond business hours for which the EMPLOYEE may be justly
remunerated with overtime pay, if qualified. The time schedule for your duty
shall be assigned to you by your Immediate Superior, which schedule may vary
from time to time depending on business operation needs.
9. OVERTIME WORK
9.1. In case the demands of the business or the company would require EMPLOYEE
to work more than his/her regular work schedule, he/she may be required to
render overtime work. Overtime work is not compensable for managerial
employees unless declared by management. Allowances for meal or
transportation will be provided on a case-to-case basis in accordance with
company policies.
10. DECORUM
10.1. EMPLOYEE shall observe and comply with all company rules and regulations,
written or otherwise. EMPLOYEE shall devote his/her 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. All existing and future policies,
including the Employee’s Handbook and the Code of Conduct are hereby
deemed incorporated in this Contract and the EMPLOYEE hereby acknowledge
that it is his/her primary duty and responsibility to be aware of and to comply
with such regulations.
10.2. The EMPLOYEE agrees and commits that he/she shall not partake, indulge or
involve howsoever in any gaming/gambling activity in any gaming
establishment owned by the EMPLOYER or its affiliates, as well as in any
gaming establishment within the Philippines, while under the employ of the
Company. Violation of this provision shall be subject to disciplinary action, up
to dismissal.
10.3. The EMPLOYEE agrees and commits not to make derogatory public statements
or comments that negatively portray the stature, image, and reputation of the
EMPLOYER, its subsidiaries and affiliates, or their officers, directors,
shareholders, and employees, at any public venue, including social media.
11.1. EMPLOYEE shall perform the duties and responsibilities that his/her position
or job necessarily entails, as may be contained in his/her job description or as
may be reasonably assigned to him/her by the company from time to time. The
specific duties and responsibilities of the EMPLOYEE are contained in the
corresponding Scope of Work and Job Description, which herein EMPLOYEE
acknowledges to have received and understood as a condition for this
regularization and entitlement to other benefits and promotion.
12.1. The EMPLOYER 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/her employment with the Company, including all
registrations for the same.
12.2. EMPLOYEE agrees that he/she shall promptly disclose to the EMPLOYER the
following:
12.4. EMPLOYEE shall keep and maintain adequate and current written records of all
such Inventions, Content Designs and Development, which shall automatically
become the exclusive property of the EMPLOYER.
12.5. EMPLOYEE also waives his right to file for any copyright application for any
such inventions or concept, designs, ideas while actively employed by the
EMPLOYER and within one (1) year form date of resignation or termination
from the company. If within one (1) year after leaving the EMPLOYER’s
employ, a patent application or copyright registration is filed by EMPLOYEE or
on his/her behalf describing the Invention within the scope of his/her work for
the EMPLOYER, or which otherwise relates to a portion of the EMPLOYER’s
business of which he/she had knowledge of and access to during his/her
employment, EMPLOYEE agrees to specifically state that “the Invention,
Concept, Design was conceived by her/him within the scope of his/her
employment with EMPLOYER.”
13. NON-DISCLOSURE
13.1. 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.
14. CONFIDENTIALITY
14.1. In order to safeguard the EMPLOYER’s interest and the confidentiality of its
business and affairs, EMPLOYEE agrees that during the term of his/her
employment and from and after the actual cessation of his/her employment,
he/she 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: clients, clients 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, formulae whether authored by
EMPLOYEE or otherwise – to suit EMPLOYEE’s purpose or those of any
other person, company, business entity or other organization whatsoever.
14.2. EMPLOYEE shall not take out of EMPLOYER’s premises any technical plans,
charts, drawings, codes and other materials containing technical data and
information unless with the prior written consent or permission of the
EMPLOYER.
14.3. A trade secret is any information, process or idea that is not generally known in
the industry, that the Company considers confidential, and that gives the
EMPLOYER a competitive advantage. Examples of trade secrets include:
(a) technical plans, charts, drawings, and other materials containing technical
data and information;
(b) computer program listings, source codes and object codes all information
relating to programs now existing or currently under development;
(c) clients list and records, sources of purchasing and all other information
related to vendors and suppliers.
14.4. During and after EMPLOYEE’s term with the company, he/she shall at all times
practice good discretion, ask permission and seek prior approval from the
EMPLOYER in the use or disclosure of any company documents – technical or
business information, or any information which one might reasonably expect the
EMPLOYER to regard as confidential, whether transmitted or acquired from the
EMPLOYER’s clients, suppliers, or other persons – to any person, company or
entity.
14.5. EMPLOYEE must formally declare that he/she has properly tendered his/her
resignation from his/her previous employer and is free from any obligation to
them, not bound to any other company, or subject to any non-competition
clause. EMPLOYEE shall neither disclose to the EMPLOYER nor induce the
EMPLOYER to use any confidential information or material, which belongs to
his/her former employer.
14.6. The obligations contained in this paragraph shall cease to apply to any
information or knowledge, which may subsequently come into the public
domain after the termination of employment, other than by way of notarized
disclosure.
14.7. Failure to comply with this confidentiality undertaking shall be construed and
considered as Gross Misconduct and shall be deemed a ground for termination
of his/her employment.
15. UNDERTAKING
15.1. EMPLOYEE shall work exclusively for the benefit of the EMPLOYER.
EMPLOYEE warrants that he/she shall comply with all his/her undertakings
and obligations set forth in this Contract and shall indemnify EMPLOYER of
any actual losses, damages, costs and expenses, including attorney’s fees,
incurred as a result of the breach of this Contract or his/her willful act,
omission, fraud or negligence.
15.2. EMPLOYEE agrees and commits that he/she shall not, either during his/her
employment or for a period of one (1) year following the termination of his/her
employment for any reason, including resignation, without the prior written
consent of the EMPLOYER:
(a) Directly or indirectly, (i) be engaged in, or employed by, any person
engaged in a business, located within the same jurisdiction (Pampanga)
as that of the EMPLOYER, which is the same as, or substantially similar
to, or in competition with, the EMPLOYER’s business; (ii) be engaged,
advise, manage, render or perform services in competition in any way
with the EMPLOYER, in any other capacity, by being associated with
other businesses that may compete with the EMPLOYER in any area
that the EMPLOYER may be engaged in and within the same
geographical location (Pampanga) where the EMPLOYER conducts its
business; and (iii) own, manage, operate, consult or to be employee in a
business substantially similar to or competitive with the business of the
EMPLOYER within the province of Pampanga.
(b) Directly or indirectly contact or solicit any current or former clients of
the EMPLOYER with whom you have dealt with while you were
employed by the EMPLOYER, for the purpose of selling to those clients
any products or services that are the same as or substantially similar to,
or in competition with, the products or services sold by the
EMPLOYER;
16. TERMINATION
16.1. 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,
but not necessarily limited to the following:
(a) Inefficiency;
(b) Incompetence;
(c) Tardiness;
(d) Insubordination;
(e) Breach of confidentiality and non-disclosure Violation of company’s
intellectual property rights
(f) Just and authorized causes enumerated in Article 282, 283, and 284 of the
Labor Code;
(g) Other causes provided in the Company Rules and Regulations; and
(h) Other analogous causes
16.2. This Contract may be terminated by the EMPLOYER for the EMPLOYEE’s
failure to meet the reasonable work standards, performance, or requirements for
passing the probationary period.
16.4. This Contract shall automatically terminate upon causes beyond the exclusive
control of the EMPLOYER such as, without limitation, the failure of any
relevant government agency or government-owned and controlled corporation
to issue, renew or extend the necessary licenses or permits in favor of the
EMPLOYER, or if it becomes illegal or unlawful for the EMPLOYER to
conduct its business. Upon termination on any of these grounds, the
EMPLOYEE hereby holds the EMPLOYER free and harmless from any cost,
injury, penalty, liability, and damage(s) of any kind whatsoever.
16.5. Upon termination of the Contract, the EMPLOYEE hereby:
(a) Authorize the EMPLOYER to set off against any pre-computed final
compensation due you any and all established and recognized monetary
claims of the Employer against him/her; and,
16.6. EMPLOYEE may terminate this Contract by providing not less than thirty (30)
calendar days of prior written notice to the EMPLOYER through his/her
Immediate Leader. The EMPLOYER may shorten the notice period based on
internal business needs. The release of his/her clearance from the EMPLOYER
is subject to the proper turnover of his/her duties and responsibilities, including
all equipment, office supplies, documents, and other accountabilities with the
EMPLOYER. EMPLOYEE’s final pay will be released based on company
policies.
IN WITNESS WHEREOF, the parties hereby set their hands and affixed their
signatures this ____ day of _________________ 2020 in _________________________.
Represented by:
known to me and to me known to be the same persons who executed the foregoing instrument
and who acknowledged to me that the same is their free and voluntary act and deed as well as
the corporation they represent.
NOTARY PUBLIC