CONTRACT OF EMPLOYMENT

KNOWN ALL MEN BY THESE PRESENTS:

This Contract of Employment is executed this ___ day of __________, 2021 at

___________ by and between made by:

___________________, a corporation duly organized and existing in

accordance with laws of the Republic of the Philippines, with principal office
address at ____________________, represented in act by its President
________________, of legal age, Filipino citizen, single/married, and a resident
of ________________________, hereinafter referred to as the “EMPLOYER”;

-AND-

________________________, of legal age, Filipino citizen, single/married, and a

resident of ________________________ herein referred to as the
“EMPLOYEE”;

-WITNESSETH THAT-

WHEREAS, the EMPLOYER is a company engaged in

________________________;

WHEREAS, the EMPLOYEE believes in the objectives of the EMPLOYER and the
former declares that he is competent and qualified to render the services to
the latter;

WHEREAS, the EMPLOYEE is willing to be employed by the EMPLOYER and the

EMPLOYER is interested in hiring the EMPLOYEE as a PROBATIONARY
EMPLOYEE under the terms, covenants and conditions hereinafter set forth;

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NOW THEREFORE, for and in consideration of the foregoing premises, the
parties hereby agree as follows:
1. APPOINTMENT

Employee is hereby appointed as ____________________ under

probationary status for a period of _______________ reckoned from the
first day of actual work.

2. COMPENSATION

Employee will receive a gross basic monthly rate of _____________,

subject to withholding tax, SSS premiums, Pag-Ibig contributions,
PhilHealth dues and other government-required deductions. The
EMPLOYEE is entitled to overtime pay. 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 affected
on a case to case basis and upon the recommendation of the immediate
manager and upon approval of management.

Notwithstanding incidents when the EMPLOYER grants benefits,

bonuses, or allowances other than those defined in this Contract, such
incidents are not to be considered as an established practice or
precedent and shall not form part of the EMPLOYEE’s benefits, bonuses
and allowances due and demandable under this Contract.

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 BENEFITS

Upon regularization, EMPLOYEE will be entitled to ____ days vacation

and ___ days sick leave for each year of actual employment, EMPLOYEE

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 is expected to accrue leaves before he/she 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 ____________. Employee

agrees that the Employer may transfer him to any other location as may
be required by the exigencies of the business, the orfanizational
requirements of the company and the responsibilities of Employee’s
position. Employee may be required to travel from time to time.

7. HOUS OF WORK

Employee shall render a minimum of eight (8) hours 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 of which Employee may be justly remunerated.

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 8. OVERTIME WORK

In case the demands of business or the company would require

Employee to work more that 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
doing business in the Philippines nor establish or set up a business
offering similar services for a period of one (1) year from date of
separation or termination without prior notice to 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

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 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.

13. CONFIDENTIALITY

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, customers 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.

14. 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.

15. TERMINATION

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 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:
 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.

18. 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.

____________________
Employer

_______________________
President

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 ______________________
Employee
Signed in the Presence of:

________________ __________________

ACKNOWLEDGMENT

Republic of the Philippines )

_____________________ )S.S.

BEFORE ME, a Notary Public for and in __________ this ____ day of
___________, 2021, personally appeared the following persons whose
identities I have confirmed through competent evidence of identity
bearing their pictures and signatures as described below:

NAME VALID I.D.

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 as well as that of the that they
respectively represent.

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

Doc. No. ____;

Page No. ____;
Book No. ____;
Series of 2021

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