Professional Documents
Culture Documents
-and-
WITNESSETH: That –
WHEREAS, the First Party is engaged in the business of travel and tours agency;
WHEREAS, the First Party is in need of the services of the Second Party as Office
Staff, who shall perform collections and clear up all overdue accounts as well as any task
relative to the foregoing;
WHEREAS, the Second Party has signified his intention to provide the required
services, which the First Party has accepted and finds to be in order, subject to the terms and
conditions of this contract;
NOW, THEREFORE, for and in consideration of the foregoing premises, the Parties
hereto bind themselves mutually to the following terms and conditions:
The Second Party is hired as Office Staff; A more specific description of the
EMPLOYEE’s duties and responsibilities as explained.
The Second Party shall commence work for the period of 17 July 2017 until 16
December 2017 only;
The First Party may terminate or suspend this Contract on just or valid cause, as
may be determined by the First Party. Upon receipt of the notice of termination, the
Second Party must immediately cease further work and will be compensated only for
work undertaken until the issuance of the notice of termination;
3. KIND OF EMPLOYMENT
The First Party hereby engages the individual service of the Second Party on
FIXED-TERM basis under the supervision of the First Party;
4. COMPENSATION
The compensation package defined in this Section shall represent all that is due
and demandable under this Contract. No other benefit, bonus, allowance shall be due the
Second Party.
5. ASSIGNMENT OF TASKS
On signing this Contract, the Second Party recognizes the First Party’s right and
prerogative to, without limitation, assign and re-assign the Second Party to perform
such other tasks within the First Party’s’s organization as it may deem necessary and
beneficial.
6. LIABILITY
Any breach or violation of this Contract shall make the Second Party
accountable, thereby making him administratively, civilly or criminally liable,
depending on the specific circumstances to be determined by the First Party, applying
the relevant laws and rules;
The Second Party acknowledges and agrees that he voluntarily undertakes this
assignment with the knowledge of the risks and dangers to which he may be exposed
and that he freely and explicitly assumes all such risks and personal responsibility for
his safety and security;
The Second Party further explicitly agrees that neither he, his dependents,
representatives, heirs or assigns shall bring any legal claim or action against the First
Party or any member of its permanent or contract staff as a result of any illness, injury, or
other physical or mental trauma sustained in the course of providing his services.
7. DISCIPLINARY MEASURES
On signing this Contract, the Second Party hereby recognizes the First Party’s
right to impose disciplinary measures or sanctions, which may include, but are not
limited to, termination of employment, suspensions, fines, salary deductions, allowance
reductions, withdrawal of benefits, loss of privileges, for any and all infraction, act or
omission, irrespective of whether such infraction, act or omission constitutes a ground
for termination.
Aside from the just and authorized causes for the termination of employment
enumerated in Articles 282 to 284 of the Labor Code of the Philippines, the following
acts and/or omissions of the Second Party shall, without limitation, similarly constitute
just and authorized grounds for the termination of employment by the First Party and/or
grounds for the First Party to impose disciplinary measures on the Second Party.
a.) Intentional or unintentional violation of the First Party’s existing policies, rules and
regulations, memoranda and other letters including those which may be codified,
issued, promulgated and implemented by First Party in the future.
b.) Commission of an act which effects a loss of confidence on the part of the First
Party with regard to the Second Party’s ability to satisfactory perform the duties and
requirements of his/her employment;
c.) Serious misuse or abuse of the First Party’s property, facilities and/or resources;
d.) Commission of an act, which may constitute a crime or offense against a supervisor,
co-employee or the First Party itself;
e.) Failure to attain a satisfactory performance evaluation made by the First Party;
i.) Making false statements at the time of application for employment; and
This Contract may be terminated by the First Party for any of the foregoing grounds
by serving the Second Party concerned a written notice of its intention to terminate
his/her employment and the particular acts or omission constituting the ground for his/her
dismissal. The Second Party may answer the charges against him/her within five (5) days
from receipt of such notice.
If the Second Party refuses to acknowledge receipt of the notice, service on the
Second Party is completed by giving a copy of the notice to the Second Party and stating
that the Second Party refused to receive the notice when served.
In the event that the Second Party wishes to terminate this Contract for any reason,
he/she must give thirty (30) days written notice to the First Party prior to the effective
date of termination.
Upon termination of this Fixed Term Contractual Employment, the Second Party
shall promptly account for, return, and deliver to the First Party at the First Party’s main
office, his/her I.D. Cards and all company property which may have assigned or entrusted
to his/her care or custody.
The Second Party shall ensure that all information, records and documents
belonging or pertaining to the First Party and its clients are kept confidential and that at
no time shall any unauthorized disclosure or reproduction of the same be made by the
Second Party or by anyone acting under the Second Party’s direction.
b) He shall at all times, even after the termination of this Contract for any reason
or cause, treat as confidential any information on the First Party and shall not
release any such information to any person, firm or other entity, either by
statement, deposition or as a witness, except upon the written authorization of
the First Party. The First Party shall be entitled to an injunction by any
competent court or authority to enjoin and restrain the unauthorized disclosure
of such information;
c) In the event that the Second Party is required by law, regulation or court order
to disclose any confidential information, the Second Party shall notify the
First Party in writing prior to making such disclosure in order to facilitate the
First Party in seeking a protective order or other appropriate remedy from the
proper authority. The Second Party agrees that, if any disclosure is required
by law, regulation or court order, the Second Party will furnish only that
portion of the confidential information that is legally required to be disclosed
and will exercise all reasonable efforts to obtain reliable assurances that
confidential treatment will be accorded the information disclosed;
d) All information, data, records, documents and other such items pertaining to
the First Party’s business, processes, products, marketing and research
activities, including those in the formative stages, made by the Second Party
during the term of his/her employment, solely or jointly with others, whether
or not resulting from the performance of his/her duties, shall be and is hereby
assigned to the First Party.
As part of consideration for this Contract, Second Party agrees not to compete
with First Party while working for the First Party and for a period of ONE (1) year after
termination of employment within the islands of the Philippine.
The Second Party’s obligation under this Clause shall survive the termination of
this Contract.
Should the Second Party have unpaid or pending obligations to the First Party,
monetary or otherwise, upon termination of employment for any reason or cause, the
Second Party expressly agrees and authorizes the First Party to make necessary
deductions from the salary, bonuses, or other benefits that may be due the Second Party,
to effect settlement or payment of his/her unpaid or pending obligations. This is without
prejudice to the First Party’s right to effect settlement or payment of the Second Party’s
obligations through other legal means should the salary, bonuses or benefits of the
Second Party be insufficient to cover his/her unpaid or pending obligations.
It is understood with respect to other matters not covered by this Contract, the
provisions of the Labor Code of the Philippines, its implementing rules and regulations,
and of special laws on labor benefits and welfare will apply.
In case of infringement of any of the undertakings set forth above, the Second
Party shall owe to the First Party, without any summons or notice of default or court
decree being required, liquidated damages equal to the total remuneration paid by the
First Party to the Second Party during the last six (6) months of the Second Party’s
employment, without prejudice to the First Party’s right to prove a higher damage and
to obtain the cessation of the damage and compensation by any other legal means.
This Contract represents the entire agreement between the First Party and the
Second Party and supersedes all previous oral or written communications,
representations or agreements between the parties.
IN WITNESS WHEREOF, the parties have executed this document as of the date
and place first mentioned.
_______________________
By:
___________________________ _____________________________
_______________________________ _____________________________
ACKNOWLEDGEMENT
BEFORE ME, a Notary Public, this _____ day of _________________, 2017, personally
appeared:
Known to me and to me known to be the same persons who executed the foregoing Contract of
Employment and they acknowledged to me that the same is their free and voluntary act and deed.
WITNESS MY HAND AND SEAL on the date and at the place first above written.
NOTARY PUBLIC
Doc. No. _______;
Page No. _______;
Book No._______;
Series of 2017;