CONDITIONAL PERFORMANCE PLAN AGREEMENT
The articles of Agreement made and executed this _____ day of _______________, 2019.
PH GLOBAL JET EXPRESS, INC. (“COMPANY”) is pleased to extend to you an offer of Conditional
Performance Plan (CPP) Agreement conditioned on your successful completion & passing of trainings,
improvement program and performance evaluations as shall be explained below.
1. Scope of Work
Subject to the foregoing, you shall be engaged under this program effective ______, 2019 until ______,
2019 in accordance with the following terms and conditions of this CPP agreement.
You have been working with the COMPANY as ___________________________ in ___________________
for _____ months and your performance in the same position has yet to meet the standards of the
COMPANY set for the position you are currently assuming. The COMPANY felt it necessary to send you in a
more in depth performance improvement program.
After the above mentioned program you will be responsible for providing the highest quality of service to
the Company especially to our clients/customers. Please refer to Attachment A for your detailed job
description.
2. Status of Employment
Your successful completion of this CPP is a condition for your continued employment. The Company may
refer on your performance during your CPP period for your regular Employee Performance Appraisal
(EPA). If you are unable to pass the required eligibility score as outlined in the CCP scoring system your
performance will merit corresponding disciplinary action listed in the same scoring system which were also
defined in the Employee Code of Conduct.
It is further understood that you are physically fit and free from any legal impediments to assume your
duties & responsibilities and will continue to be physically fit for the duration of your engagement.
3. Monitoring Period
You will undergo a ninety (90) days monitoring period, with a provision of an initial performance
evaluation on your 4th week. During this time, your job performance will be constantly evaluated by your
superiors based on standards and code of discipline which have been made known to you at the time of
engagement. The results of your evaluation prior completion of your CPP period shall be the basis for the
continuation of your employment.
During your CPP period, you are only allowed to have 1 valid absence and Zero tardiness. Your failure to
successfully complete the program and/or pass any CPP standard (including attendance and evaluation/s)
maybe a ground for termination of employment. Note, however, that COMPANY may also terminate your
employment for other reasons including but not limited to violations of COMPANY’s policies and
procedures.
4. Salary
You will still receive your current gross monthly salary paid semi-monthly. Any additional payments are
entirely at COMPANY’s discretion and will not, even in the case of repetition, serve to establish any claim
against the COMPANY on the ground of company practice. You shall not be entitled to compensation for
time lost due to absences, tardiness, and any other causes.
Monthly, compensation, however, shall not include the number of hours or days in the following
instances:
a) When you failed to work during the time you were required to report for work; and
b) When the work has been stopped on account of force majeure or circumstances
beyond the COMPAN’s control (e.g. delays in project implementation, natural
calamities and the like).
5. Working Schedule
You agree to devote your full time to the official affairs of the COMPANY. You shall perform your duties
competently, efficiently and diligently. You further agree to execute documents necessary for the
COMPANY’s requirements including but not limited to medical certificates in accordance with the existing
labor standards.
You may be required to work for eight (8) to ten (10) hours a day or a minimum total of forty (40) per
week. These are scheduled for six (6) days a week, any days from Monday to Sundays. Work schedule may
be subject to change as the exigencies of work may require. Scheduled hours of work shall not be
construed as a guarantee of work and may be reduced for valid reasons.
6. Warranties and Representations
You hereby agree that all personal information which you submitted to the COMPANY is true and correct.
You also agree not to seek part-time employment in any other firm or entity during your employment with
the COMPANY. You further warrants that you hold no position in any other firm or entity other than that
which you have duly informed the COMPANY in writing.
7. Confidentiality
You shall not use for personal purposes, divulge, disclose or communicate to any person, firm, corporation
or any other entity, in any manner whatsoever, any confidential information, trade secrets or business
records concerning any matter affecting the business of the COMPANY or any of its affiliates or clients,
including, but without limitation to, any of the clients’ customers, methods of operations, finance or
service modes of the COMPANY or any of its affiliates or clients. For this purpose, “trade secrets, business
records and confidential information” shall mean all data, information and/or record disclosed by the
COMPANY, or any of its affiliate, clients, or clients’ customers, its officers and other employees to you, or
known by you, as a consequence of, or by reason of, your employment with the COMPANY.
Upon termination of this agreement for any cause, you shall continue to treat and keep as private and
privileged such confidential information as described in this agreement, and shall not release or in any way
disclose such confidential information to any person, firm, corporation, or other entity, in any manner or
form, either by statement, deposition, or as a witness, except upon direct written authorization of the
COMPANY through its duly authorized representative.
Violation of this provision shall constitute a ground for your dismissal from employment and/or shall
render you liable to pay liquidated damages in the amount of Php1, 000,000.00. The COMPANY reserves
the right to institute the appropriate civil action and exhaust other legal remedies available to recover
damages and other relief against you for any unauthorized revelation or disclosure of such confidential
information. The COMPANY shall likewise be entitled to an injunction by any competent court or authority
to enjoin and restrain the unauthorized disclosure of such confidential information, and you warrant your
cooperation with an application for and implementation of such processes.
You further agree that upon your termination or separation from employment for any cause whatsoever,
you shall forthwith surrender to the COMPANY, in good condition, without need of demand, and without
retaining copies or excerpts thereof, all confidential and proprietary information, and any other
information not specifically designated by the COMPANY for release to the public that may come into your
possession during your employment, including company brochures, handouts, manuals and/or project-
related or client-related documents and the like. You shall, without need of demand, also surrender all
other company property in your possession upon your termination or separation from the company.
Furthermore, in case required by law, regulation or court order to disclose confidential information, you
shall notify and assist the COMPANY in seeking protective order, and if the COMPANY fails to obtain a
protective order in a timely manner, you shall only disclose the portion of the confidential information that
is legally required to be disclosed.
The COMPANY reserves the right to institute the appropriate civil action and exhaust other legal remedies
available to recover damages and other relief against you for any unauthorized revelation or disclosure of
such confidential information. The COMPANY shall likewise be entitled to an injunction by any competent
court or authority to enjoin and restrain the unauthorized disclosure of such confidential information, and
you warrant your cooperation with an application for and implementation for such processes.
8. Transfer, Relocation and Assignment of Rights
You agree that due to the nature of the business of the COMPANY, the company may transfer you to
various positions, sections, departments and locations of the COMPANY’s sites. You further agree that the
COMPANY may assign this agreement and any of the COMPANY’s rights and obligations to any of its
affiliates or assignee. You agree that refusal to such transfer or refusal to follow procedures for transfer
including attendance in meetings and interviews for purposes of skill assessments and possible re-
deployment to other client accounts is a ground for termination of employment due to insubordination.
9. Separation from the COMPANY
If at any time during the CPP period, you do not show the expected performance or remains absent
without prior notice or misbehaves, your services may be terminated by giving one month’s notice or by
reimbursing to the company the amount of PHP100, 000.00 in lieu of notice . You acknowledge that failure
to comply with such notice requirement will prejudice the operations of the COMPANY and failure to
report for work during the subject period is considered as a violation of notice of requirement. You agree
that your violation of the foregoing notice requirement shall entitle the COMPANY to collect from you as
liquidated damages an amount equivalent to your daily wage for each day of breach without prejudice to
other damages that maybe later proven. You authorize the COMPANY to deduct the foregoing amount
from your compensation/final salary without the need of further written demand. Such deduction is
without prejudice to the COMPANY’s right to claim any remaining balance from you should your
compensation/final salary shall not be sufficient and to enforce the COMPANY’s other legal claims and
entitlement to additional damages for violation of other provisions of this employment agreement.
10. Non-Solicitation
You agree that during your employment and even after your employment with the COMPANY, you shall
neither call nor solicit, either for yourself or any other person, firm, corporation, or other entity, any of the
employees or customers of the COMPANY and/or its affiliates and/or subsidiaries, whom you became
acquainted, or of whom you have learned, during your employment, nor shall you make known to any
person, firm, corporation, or other entity, either directly or indirectly, the names, addresses of any such
employees or customers, or any information relating in any manner to the COMPANY’s trade or business
with such customers and/or employees.
Violation of this provision shall constitute a ground for your dismissal from employment and/or shall
render your liable to pay liquidated damages in the amount of Php1, 000,000.00. The COMPANY reserves
the right to institute the appropriate civil action and exhaust other legal remedies available to recover
damages and other relief against you for any unauthorized solicitation.
11. Other Matters
- PERFORMANCE MONITORING. You hereby agree and give your consent to let authorized
COMPANY representative monitor, listen-in, retrieve, record, or in any manner use or employ your
live conversations/business transactions over the telephone and also any and all data and
information entered into the COMPANY’s network furnished you at any time during the course of
your employment to ensure that quality standards are maintained.
- WORK PRODUCT. You agree to assign to the COMPANY as its exclusive property, the entire right,
title and interest of all inventions, innovations and/or ideas developed or conceived solely by you
or jointly with others at any time during the term of your employment and which inventions,
innovations and/or ideas relate to the actual or anticipated business activities of the COMPANY or
result from, or are suggested by, work you do for the COMPANY.
- DRUG-FREE WORKPLACE.
Your use of prohibited drugs is strictly prohibited.
You shall be required to undergo random drug testing in accordance with the guidelines
for this purpose, which will be set from time to time by the COMPANY.
Drug testing shall consist of both the screening test and the confirmatory test, the latter to
be carried out should the screening test prove to be positive.
Where the confirmatory test turns positive; the COMPANY’s Assessment Team shall
evaluate the results and determine the level of care and administrative interventions that
can be extended to the concerned employee.
A drug test is valid for one year; however, additional drug testing may be required for just cause in
any of the following cases: (i) after a work-related accidents; (ii) following treatment and
rehabilitation to establish fitness for returning to work; (iii) in the light of clinical findings or upon
recommendation of the Assessment Team.
- NON-WAIVER. The failure of the COMPANY at any time to demand your performance of any
provision expressed in this AGREEMENT shall in no way affect the COMPANY’s right thereafter to
enforce such provision nor shall the waiver by the COMPANY of any breach of any provision
expressed in this Agreement be taken or held to be a waiver of any succeeding breach of such
provision or as a waiver of the provision itself.
- AMENDMENT OF AGREEMENT. There can be no verbal agreements between you and the
COMPANY or any of its agents/representatives affecting this Agreement. No amendments of the
terms hereof shall be binding upon either party to this Agreement unless said amendment has
been confirmed in writing and duly signed by both you and the COMPANY.
- SEPARABILITY CLAUSE. If any provision of this Agreement is held by any competent authority to be
invalid or illegal or unenforceable, in whole or in part, the validity, legality or enforceability of the
other provisions of this Agreement and the remainder of the provision in question shall not be
affected.
- EFFECT OF SIGNATURE / ACCEPTANCE. You acknowledge that you have read and understood this
contract, its contents and effects. You further acknowledge that you are familiar with the language
of this contract, and, where unfamiliar, it has been translated in a language known to you.
If the foregoing is acceptable to you, please indicate your conformity by signing in the space provided
below. Your signature attests to the fact that you have read and understood the foregoing and accepted
this offer of employment.
IN WITNESS the Institute has set the signature of its authorized Regional General Manager or such
Designated Person hereto in the presence of and the Employee has get his signature in his own hand in the
presence of witnesses.
Signature of Designated person Signature of Employee
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DATE……………… DATE……………………..
