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EMPLOYEE TRANSFER AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This agreement made and entered into in the City of _______________ this___ day
of April 2018 by and between:

XYZ MANPOWER & GENERAL SERVICES CORPORATION, a duly organized


and registered corporation with business address at _____________________ represented
herein by its President MR. CRUZ hereinafter known called as FIRST PARTY;

and

ABC ENTERPRISES INC., a duly organized and registered corporation with


business address at _____________________ represented herein by its President MR. DY
hereinafter known called as SECOND PARTY;

WITNESSETH:

Whereas, FIRST PARTY is a legitimate corporation offering manpower


services to the various clientele including that of the SECOND PARTY;

Whereas, FIRST PARTY has assigned and fielded ________name of employee


___________ , to the SECOND PARTY as ________position___________ since ____________ with
a rate of P_______.00;

Whereas, the SECOND PARTY wishes to absorb and acquire ________name of


employee ___________ as its regular employee;

Whereas, the FIRST PARTY consents to the transfer of ________name of


employee ___________ to the SECOND PARTY as its regular employee;

Whereas, the PARTIES had obtained the consent of ________name of employee


___________ in his/her transfer of employment from FIRST PARTY to the SECOND
PARTY;

NOW THEREFORE, for and in consideration of the foregoing premises,


PARTIES to this Agreement do hereby agree and covenanted on the terms and
conditions as set forth below:

1. The PARTIES agreed that the employer-employee relationship of


________name of employee ___________ and that of the FIRST PARTY shall be
severed upon signing of this agreement and such relationship shall be
transferred immediately to the SECOND PARTY;
2. That the FIRST PARTY shall turnover all personnel files of ________name of
employee ___________ to the SECOND PARTY;

3. That the SECOND PARTY shall be obliged to continue and pay all mandated
government contributions for and in behalf of the employee such as but not
limited to SSS, Philhealth, BIR, PHIC and ECC;

4. That the PARTIES agreed that the number of years employed by the employee
with the FIRST PARTY shall be tacked and transferred to the SECOND PARTY
such that if in the future the concerned employee has severed his
employment with the SECOND PARTY , all benefits accruing to the employee
shall be paid by the SECOND PARTY including that of the number of years the
employee had served with the FIRST PARTY;

5. That the SECOND PARTY shall recognize the FIRST PARTY`s Service Date of
the Transferred Employee in determining years of service with the SECOND
PARTY for eligibility and vesting purposes under the employee benefit plans
and other compensation and benefit practices and policies of the SECOND
PARTY to the extent permitted by law. The SECOND PARTY shall permit the
Transferred Employee to participate in the SECOND PARTY`s welfare benefit
programs (including but not limited to, health, life and disability insurance
programs) as provided hereunder effective as of the Employment Date to the
extent otherwise eligible under applicable agreements.

6. That the SECOND PARTY agreed to PAY the FIRST PARTY an amount of
PESOS: TEN THOUSAND (Php 10,000.00) as transfer and administrative fee;

7. That the SECOND PARTY shall provide employee benefits and other programs
to the Transferred Employee that are fully competitive with those benefits
and programs that are in effect at the FIRST PARTY for such employees
immediately prior to the Employment Date and which are the same as offered
to SECOND PARTY employees at comparable levels;

8. That this Memorandum of Agreement is not contrary to law, public policy,


morals and customs.

9. THAT this agreement shall take effect immediately.

IN WITNESS WHEREOF, we have hereunto signed this Memorandum


Agreement in the City _______________________, Philippines, on this ______ day of April
2018.

MR. CRUZ MR. DY

XYZ JOB MANPOWER & ABC ENTERPRISES INC.,


GENERAL SERVICES CORPORATION

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES


___________________________________ S.S

BEFORE ME, this ____ day of April 2018 in the City of ____________________________,
Philippines personally appeared the following:

Name Competent ID Issued Where/When

MR. CRUZ
MR. DY

Known to me to be the same persons who executed the foregoing instrument, and
they acknowledge to me that the same is their free act and deed.

This instrument relates to a Memorandum of Agreement consisting of ____(__)


pages including the page of which this acknowledgment is written, each every page
of which on the left margin, having been signed by the parties, and sealed with my
notarial seal.

IN WITNESS WHEREOF, I have hereunto set my hand, the day, year and place
above written.

NOTARY PUBLIC

Doc No.: _________


Page No.: ________
Book No.: ________
Series of 2018

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