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REGULARIZATION EMPLOYMENT CONTRACT

This EMPLOYMENT CONTRACT is made between:

and

(Name) of legal age and with residential address at (Complete Address). Hereinafter referred to as the
“EMPLOYEE”
 
The EMPLOYEE hereby agrees to the following terms of this contract.
 
The EMPLOYEE is hereby appointed as (Position) on a Regular status effective on (Date Regularized)
 
A. COMPENSATION.  The EMPLOYEE shall receive on a Monthly basis every 5 and 20 of the th th

month, the remuneration stated in Appendix A: Employee Compensation Sheet.


 
The EMPLOYEE’s compensation now and in the future, is strictly personal and confidential
between the EMPLOYEE and the COMPANY. Hence, he/she is not allowed to discuss it under
any circumstances with anyone except with appropriate members of the Management under
proper procedures.  
 
B. WORK HOURS. The EMPLOYEE is required to complete 45-hour work week including break
time/5 days’ work week. He she shall render the required hours based on the Company’s
timekeeping policy.
 
Furthermore, the EMPLOYEE understands and agrees that due to the nature of business, there
may be times when the EMPLOYEE is required to work beyond the work hours specified above
or even report on weekends.
 
C. SUPERVISION. The EMPLOYEE shall report to the (Position of the Supervisor). Job
performance standards, monitoring, and evaluation shall be carried out by the said person(s)
unless modified accordingly.
 
D. LOCATION. The EMPLOYEE is assigned at Tier One Entertainment Office, 67 Sct. Rallos St.,
Brgy. Sacred Heart, Tomas Morato, Quezon City. He/ she is not allowed to report to field duty or
engage in out-of-the-office errands without the express approval of his/her immediate superior.
The EMPLOYEE agrees that the COMPANY reserves the right to relocate, transfer, rotate or
assign him to another division, department, office address or geographical sales area without any
diminution or reduction of salary and benefits.
 
E. DUTIES AND RESPONSIBILITIES. The employee agrees to perform his/her duties and
responsibilities specified in the Appendix B. Job Description attached herewith faithfully and to the
best of his/her abilities.
 
F. COMPLIANCE WITH COMPANY STANDARDS. The EMPLOYEE agrees to comply with all
existing rules, regulations and policies of the Company as well as those which may hereafter be
issued, including but not limited to those governing order and discipline, honesty, safety and
security, work assignments and standard operating procedures, use of Company properties and
access to matters of confidentiality, and such other rules deemed necessary in the
conduct of business.
 
G. EVALUATION OF PERFORMANCE. The employee shall undergo a regular cycle of annual
performance evaluation to attain and maintain the culture of excellence that the company desires.

a. PERFORMANCE APPRAISAL. In the performance of his duties, the EMPLOYEE shall be


evaluated to determine competence during the regularization. The EMPLOYEE’S conversion to
sustain permanent status shall be primarily conditioned and dependent upon your satisfactory
service and performance of the work assigned to him/her and it is within the exclusive
discretion of the COMPANY to determine whether or not such service is satisfactorily performed
and on your having successfully passed / complied with our established company standards
which include, among others, the following criteria: dependability, trustworthiness, efficiency,
initiative, attitude towards work/ the public/ the Company, its officers and co-employees,
cooperation, client response, judgment, punctuality, quality/ quantity of work, educability,
articulateness and professionalism.
 
b. POOR PERFORMANCE. The COMPANY likewise reserves its right to terminate the regular
employment, even, for any of the just and authorized causes provided by existing laws and
regulations of the Labor Code or for your having failed to satisfactorily meet and comply with
the above-mentioned standards, conditions and requirements. In such event, The
EMPLOYEE will be entitled to collect only his/her salary up to the end of working hours of the
last day of his/her actual service.
 
H. TERMINATION OF EMPLOYMENT
 
i. By the EMPLOYEE. The EMPLOYEE may terminate this contract by submitting a written notice
at least 30 days in advance, pursuant to Article 283 of the Philippine Labor Code. Furthermore,
the EMPLOYEE should follow resignation process which may include, but not limited to, proper
turnover procedures and exit interview. Should the EMPLOYEE violate this provision, he/she is
liable to the COMPANY for any damages due to his/her untimely resignation.
 
ii. By the COMPANY. The COMPANY may terminate this contract at any time pursuant to Article
282-284 of the Philippine Labor Code, after written notice and due process are given accordingly.
 
I. NON-DISCLOSURE.  (Please see attached annex B as part of this agreement)
 
J. NON-COMPETE. For good consideration and as an inducement for the Company, the
undersigned Employee hereby agrees not to directly or indirectly compete with the business of
the Company and its successors and assigns during the period of employment and for a period of
two (2) years following termination of employment and notwithstanding the cause or reason for
termination.
 
 
The term "not compete" as used herein shall mean that the Employee shall not own, manage,
operate, consult or be employed in a business substantially similar to, or competitive with and
client with the present business of the Company or such other business activity in which the
Company may substantially engage during the term of employment.
 
The Employee acknowledges that the Company shall or may in reliance of this agreement
provide Employee access to trade secrets, customers and other confidential data and good will.
Employee agrees to retain said information as confidential and not to use said information on his
or her own behalf or disclose same to any third party.
 
This agreement shall be binding upon and inure to the benefit of the parties, their successors,
assigns, and personal representatives.
 
The Employee agrees not to copy, reproduce, or reduce in writing or in any form, any part thereof
except as may be reasonably necessary for the parties' mutual purpose or purposes. Any copies,
reproduction, reductions to writing, or in any form so made shall be the property of the Tier 1
Entertainment Inc., and a penalty amounting to two million pesos (P2,000,000.00) as by way of
liquidated damages or a higher amount that may be proven by the EMPLOYER at the latter’s
option. Payment of liquidated damages shall in no way affect the other rights which the
EMPLPOYER may have against the FIXED TERM WORKER, especially the right to obtain
injunctive relief against him/her.
 
 
K. RESTRICTIONS ON ANNOUNCEMENTS
 
The EMPLOYEE shall not disclose to any third party or make any announcement in connection
with this Agreement or any terms and conditions thereof without the prior written consent of the
COMPANY.
 
The EMPLOYEE  shall not perform any act in violation of this Agreement through any other
person or entity or through any plan, scheme, or design calculated to circumvent the
requirements hereof.
 
The EMPLOYEE  hereby acknowledges and agrees that the restrictions in this Agreement are
reasonable as to duration and geography, and that it is fully enforceable.
 
The above terms and conditions will take effect on April 8, 2019 until the EMPLOYEE is
separated from the COMPANY. This contract constitutes the complete understanding between
the EMPLOYEE and the COMPANY, unless amended by a subsequent written instrument signed
by both parties.

The written contract and its annex/annexes constitute the entire agreement between the
parties binding between them and their assigns heirs and successor interest.
IN WITNESS WHEREOF, the parties affix their signature on this 8th day of April 2019 at Quezon City.

By:

_________________________________         __________________________________

                               NAME OF THE EMPLOYEE

Signed in the presence of


 
_________________________________               _________________________________

         

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)


_____________ CITY )
BEFORE ME, a Notary Public on this _______day of ___________ 2019, personally appeared to
me the EMPLOYER, with identification No. _________________issued on _______________ issued
by______________________ at ______________________ and the FIXED-TERMEMPLOYER with his
identification No. _____________________, issued at ____________________ on
__________________ known to me and to me known to be the same person who executed the
foregoing instrument consisting of four (___) pages including this page and who acknowledged the same
to be his/her free and voluntary act and deed.

WITNESS MY HAND and seal in ____________ this______day of _____,2019.

Doc No.________
Page No._______
Book No._______
Series of 2019.
NON-DISCLOSURE AGREEMENT (ANNEX-B)

KNOW ALL MEN BY THESE PRESENTS:

This NON-DISCLOSURE AGREEMENT, made and entered into this _______ day of ___________,20__
by and between:

( Tier 1 Entertainment Inc.), a corporation duly organized and existing under and by
virtue of the laws of the Republic of the Philippines, with office address at (state the
address), Philippines, duly represented in this act by its President/Chief Executive
Officer, herein referred to as "Disclosing Party";

- and –

(Name of the Talent/employee), of legal age, with address at (State the address),
hereinafter referred to as the “Recieving Party",

WITNESSETH, That:

WHEREAS, (Tier 1 Entertainment Inc.) is engaged in the business of (nature of business)

WHEREAS, the parties intend to discuss and evaluate the possibility of entering into a streaming
arrangement with each other, and during such discussion it may be necessary to disclose certain
Confidential Information, as defined hereunder, to the Second party;

WHEREAS, in order to protect the Confidential Information, the parties agree as follows:

1. DEFINITION

"Confidential Information" means all information of any kind, whether in written or other tangible
form or orally or visually furnished, which ought reasonably and mutually to be understood by the
parties to be confidential or which is mutually identified by them as being confidential
including, but not limited to the following:

(a)  information relating to commercial, nature of business, financial, marketing,


technical, planning or other business affairs, and internal records of both parties;

(b)  trade secrets, know-how, methods, techniques, processes, programs, inventions


and other information relating to products, services or processes marketed or
used in the course business of Disclosing party; and

(c) customer lists and other information relating to other persons, including
customers, subcontractors, employees, and co-venturers of both parties or any of
their customers or potential customers.

Notwithstanding the foregoing enumeration, in case of doubt as to whether particular information


is confidential, the same shall be treated as confidential.
2. ACKNOWLEDGMENT

A party may disclose Confidential Information (the "Disclosing Party") to the other party (the
"Recipient"). The Recipient acknowledges the strict confidential and proprietary nature of all
Confidential Information received from the Disclosing party, and that it has no proprietary right
whatsoever to the Confidential Information unless otherwise mutually agreed upon in writing by
the parties.

3. OBLIGATION TO MAINTAIN CONFIDENTIALITY

Neither party shall, without the prior written consent of the other party:

(a)  disclose to any person that it possesses such Confidential Information;

(b)  disclose any or all parts of the Confidential Information to any person, including
any third party of the parties, unless such persons are required to have
knowledge of the Confidential Information for the parties to achieve their mutual
purposes, as may be determined by the original disclosing party, and they have
been advised of the confidential and proprietary nature of the Information and
have agreed to protect the same; or

(c)  reproduce, copy or permit to be reproduced or copied Confidential Information in


any medium or form; Provided, that the receiving party shall AT ALL TIMES
protect the Confidential Information by using the same degree of care to prevent
its unauthorized use, dissemination or publication as the receiving party uses to
protect its own confidential information of a like nature, but no less than a
reasonable degree of care, and that the receiving party shall enforce this
Agreement against those persons to whom it is authorized to disclose the
Disclosing Party's Confidential Information for and on behalf of the Disclosing
Party.

4. EXCLUSIONS

The parties' restrictions under clause 3 shall not apply to Confidential Information which:

(a)  becomes publicly known through no wrongful act of the parties, or

(b)  becomes known to the parties without confidential or proprietary restriction from
a source other than any of the parties, or

(c)  the receiving party can show by written records was rightfully in its possession
prior to this Agreement; or

(d)  the receiving party is obliged by law or proper government authority to disclose,
in which case it shall notify the Disclosing Party in writing of the circumstances
under which such disclosure will be made, including the nature of the disclosure
and the entity to which it is to be made.

Notwithstanding the above, if the receiving party is obliged or required by any court or
governmental, regulatory, or other body or person, to disclose Confidential Information, it shall, if
so required in writing and for valid and lawful reasons by the Disclosing Party, and if practicable
or feasible, cooperate with the Disclosing Party in opposing such requirement or request, subject
to the duty of the disclosing party to equally share with the receiving party the necessary litigation
and related expenses for the purpose.

5. OBLIGATIONS OF THE RECIPIENT PARTY

In consideration of the mutual exchange and disclosure of Confidential Information, each party
undertakes, in relation to the other party's Confidential Information:

(a) To maintain the same in confidence and to use it solely and exclusively for the
mutual purpose or purposes of the parties, for which the Confidential Information
was disclosed, and not for any other purpose or benefit or for the purpose or
benefit of any unauthorized third party or the recipient party alone;

(b) Not to copy, reproduce, or reduce in writing or in any form, any part thereof
except as may be reasonably necessary for the parties' mutual purpose or
purposes. Any copies, reproduction, reductions to writing, or in any form so made
shall be the property of the Disclosing Party, unless otherwise agreed in writing
by the parties or waived by the Disclosing Party in writing;

(c)  Not to disclose the same whether to its employees or to third parties, except in
confidence to such employees who need to know the same for the mutual
purpose or purposes of the parties. Both parties undertake that these employees
or third parties are obliged under their respective contracts of employment or
service agreement or similar confidentiality agreements not to disclose the
Confidential Information;

(d) To be responsible for the performance of sub-clauses (a), (b) and (c) above on
the part of its employees to whom the same is disclosed pursuant to sub-clause
(c) above; and

(e)  To apply thereto security measures and such degree of care not less than those
which the Receiving Party applies to its own confidential or proprietary
information and which the Recipient warrants as providing adequate protection of
such information from unauthorized disclosure, copy or use.

6. ASSIGNMENT

This Agreement is not assignable without the other party's prior written consent. Any attempt by
the one party to assign or transfer any of the rights, obligations or duties of this Agreement
without the prior written consent of the other party shall be void and of no effect.

7. RETURN OF CONFIDENTIAL INFORMATION

Upon termination of this Agreement, the parties shall demand of each other the immediate return
of all copies of documents, equipment, materials and other related items/gadgets/technology
containing Confidential Information disclosed to one party by the other, to the possession or
control of the Disclosing Party within (1) one month from completion of the mutual purpose or
purposes of the parties, or receipt of a written request from the other party, which written request
shall enumerate the specific documents, equipment’s and materials wished by the disclosing
party to be returned to it by the receiving party. The receiving party shall certify in writing to the
Disclosing Party that it retains no copy and has fully complied with the requirements of this
clause.
8. WARRANTY

8.1 Each party reserves all rights it may have by law or contract to its Confidential
Information and no rights or obligation other than those expressly stated herein are
granted or implied from this Agreement, unless otherwise agreed in writing by the parties.
No license is hereby granted by one party to the other, directly or indirectly, under any
existing patent, invention, discovery, copyright, trade secret, trademark, service mark, or
other intellectual property held or obtained in the future by either party.

8.2  Each party warrants that it has full right and authority to enter into this Agreement, and
that it is, unless expressly identified otherwise, the owner of its respective Confidential
Information; and that it has the right to disclose its Confidential Information to the other
party and to authorize the other party to use the same for the mutual purpose or
purposes of the parties.

8.3  Unless otherwise stated in this Agreement, no warranty, express or implied, in the
Confidential Information disclosed is granted by this Agreement, and warranties of
merchantability, fitness for a particular purpose, accuracy or completeness are hereby
disclaimed. Neither party shall be liable for any special, indirect or consequential
damages, regardless of the form of action and even if such party is advised as to the
possibility of such damages, except in cases of malice, bad faith and tortuous acts.

9. ENTIRE AGREEMENT

This Agreement sets forth the entire agreement and understanding between the parties
concerning the confidentiality of this Agreement and supersedes all previous agreements,
negotiations, commitments, writings, and discussions between them as to the subject prior to the
date hereof. There are no prior representations or warranties between the parties relating to the
Confidentiality Information of this Agreement.

If any term or provision of this Agreement should be declared illegal or invalid by a court of
competent jurisdiction, the remaining terms and provisions of this Agreement shall remain
unimpaired and in full force.

10. TERM and PENALTY

1. The term of this Agreement shall be five (5) years from the date of execution of this Agreement by
both parties' duly authorized representatives. Either party can terminate this Agreement without
cause upon written notice to the other party at least thirty (30) days prior to the intended date of
termination. Notwithstanding the expiration or termination of this Agreement, the obligation of the
parties to protect Confidential Information and the restrictions on use of Confidential Information
shall survive for the period of five (5) years counted from the date of such expiration or
termination. Any breach to the confidential information the receiving party who breached as such,
will be penalized in the amount of two million pesos (P2,000,000.00) by way of liquidated
damages or a higher amount that may be proven by the EMPLOYER at the latter’s option;

2. Payment of liquidated damages shall in no way affect the other rights which the EMPLPOYER
may have against the FIXED TERM WORKER, especially the right to obtain injunctive relief
against him/her.
11. NOTIFICATION

The parties agree to immediately notify each other in writing if any one of them becomes aware of
any disclosure of Confidential Information that it knows or believes to be unauthorized by the
other party.

All notices under this Agreement shall be in writing and shall be sent personally, by facsimile, or
registered mail to the party being served at its address specified above and marked for the
attention of such party's signatory in this Agreement. The date of service shall be deemed to be
the date of transmittal by the sending party, if the notice is sent by facsimile or the date of actual
receipt of the notice is sent personally or by registered mail.

12. FORCE MAJEURE

Neither of the parties shall be considered in breach of an obligation under the Agreement to the
extent such party can establish that fulfilment of the obligation has been prevented by force
majeure. Force majeure, for the purposes of this Agreement, shall include acts of God, war
(declared or undeclared), hostilities, rebellion, insurrections, acts of terrorism, actual or
threatened, any act of any government, any instrumentality or agency thereof, or any act or cause
which is reasonably beyond the control of such party ; Provided, that the party prevented from or
hindered or delayed in performance by any such cause shall have used its best efforts to avoid,
overcome, mitigate and offset its effects. The party so prevented from or hindered or delayed in
complying herewith shall immediately give written notice thereof to the other party and shall
continue to take any action within its power to comply as fully as possible with its obligations
hereunder.

13. LIABILITY AND DISPUTE SETTLEMENT

13.1 Should any party breach any material provision of this Agreement, which breach may be
established by substantial evidence in arbitration proceedings outlined herein, and unless
the breach shall have been caused by force majeure, such party shall be liable for
damages to the other party in an amount to be determined by the arbitration panel.

13.2  Any dispute or difference between the parties relating to their rights or obligations under
this Agreement shall first be referred for consideration by each party by notice in writing
to the other party. If the dispute or difference is not resolved within a period of sixty (60)
days, then either party may submit the dispute for arbitration in accordance with the
following:

13.2.1 The arbitration proceedings shall be conducted in accordance with the rules of
procedure for arbitration of the Mediation Board. Each Party shall appoint one
arbitrator. The arbitrators thus appointed shall select a third arbitrator who shall
act as the presiding arbitrator of the tribunal or panel;

13.2.2  Unless agreed otherwise by the Parties, the arbitration shall be conducted in the
English language in Metro Manila, Philippines;

13.2.3  The Parties agree that this arbitration clause is an explicit waiver of immunity
against validity and enforcement of the award or any judgment thereon made
pursuant thereto and that such award or judgment thereon, if unsatisfied, shall be
enforceable in any court having jurisdiction in accordance with its laws against
any party participating in the arbitration;
13.2.4  The parties agree that the award of the arbitration tribunal shall be the sole
remedy for all claims and counterclaims concerning the matter in dispute
presented to the arbitration tribunal. The costs, expenses, fees, and charges of
the arbitration proceedings shall be equally shared by the parties.

14. GOVERNING LAWS

This Agreement shall be governed by and construed in accordance with the laws of the Republic
of the Philippines.

This Agreement may be modified upon written agreement between the Parties.

IN WITNESS THEREOF, we have hereunto affixes our signature this ______ day of
___________________ 20______.

__________________________ _________________________

Disclosing Party Receiving Party

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