Ms/Mr: Avelino, Mark Angelo Position: Manager Trainee Department: Restaurant Operations Group Address: 88 Mt Mayon Stzet Brgy Palingon Calamba City, Dear Ms/Me: Avelino, After due evaluation and consideration of your qualifications, Golden Arches Development Corporation (“Company”) is offering you the position of Manager Trainee. You shall be assigned to work at Cabuyao branch of the Company and shall be directly reporting to Mirasol Rufino. ‘Subject to your satisfactory completion of the Management Development Program C/MDP"), as well as the courses herein described, the various oral and written examinations to be given and fulfillment of all other conditions as provided herein, you may be promoted to the position of Shift Manager. 1. Conditions andl requirements for Shift Manager The qualifications that are required for Shift Manager areas follows: ‘a. Satisfactory completion and fulfillment ofall requirements of the MDP ‘training within 3 to 4 months, b. Performance rating of Significant level or higher during your MDP training Your first performance evaluation will be on (of after the first three (3) months of your MDP 1 training, which includes all Modules and Courses described in this Agreement, Should your performance rating fall below the Significant level, you shall be taken Out of the training program and your probationary employment with the Company shall be deemed terminated. Should your performance rating be of Significant level or higher, you shall be allowed to continue with the training program. At the end/completion ofthe MDP 1 training program, which includes all Modules and Courses described in this Agreement, you shall ‘undergo another performance evaluation, Should your peeformance evaluation rating fall below the Significant level, you shall be taken ‘ut ofthe taining program and your probationary employment with the Company shal be deemed terminated. Your attendance, participation and performance shall be noted and evaluated throughout the MDP training, which includes all Modules and Courses described in this Agreement, and shall be significantly considered in the performance evaluations during ancl by the end / completion of your MDP training, Inthe course of your training your RGMGR/ Restaurant General Manager or Profit Center Trainer would conduct the Stations Observation Checklist wherein you should be able to attain«rating of 100% for each station in order tobe allowed t continue with the ‘ening program, Should your rating be lower than 100% on yous Stations Observation ‘Checklist, you shall be taken out ofthe training program and your probationary employment with the company shal be deemed terminated, ‘Your completion of the Area Management module would require you to have a rating of 80% or higher on the Area Verifications conducted by your RGM. Your completion of the Shift Management module ‘would require you to successfully pass the 80% rating for all 10 Shift ‘Management Evaluation Tool conducted by your RGMGR. In the event that your rating be lower than 80%, the company shall have the sole discretion whether to take you out of the training, program, in which case, your probationary employment shall be deemed terminated, At the end of your training program, after being certified by your Profit Center Trainer, and upon completion of all other requirements, you shall be allowed to take the Shift Leadership Transition Class ("SLT"), ‘The SLT Class and its minimum requirements are summarized in “Annex AA of this Agreement, The SLT Class as well as its standards and requirements, shall be implemented pursuant to the Company's policies. Your Operations Consultant shall conduct a Post Course Shift Management Verification. Should you fal in the verification, you shall be taken out of the training program and your probationary employment with the Company shall be deemed terminated. d, Performance rating of Significant level or higher throughout your MDP training, which includes all Modules and Courses as above- described, Full and strict compliance with Company policies, Code of Conduct, rules and regulations, and any and all other issuances relative thereto. {. Submission of a Certificate/Clearance from an accredited «linic/laboratory to prove that you are not a drug dependent. The cost fof oblaining the Cerlificale/Clearance shall be for your sole and exclusive account, and will not be reimbursed by the Company should your probationary employment with the company be terminated at any point during said probationary period for any cause as provided in this Agreement, as well as in the Company policies, rules and regulations, standards, Code of Conduct, and any other issuances in connection therewith, Failure to submit the Certficate/ Clearance at the appointed time, or when the confirmatory test turns positive, shall be a ground for the automatic termination of your probationary employment with the Company. By the execution of this Agreement, you hereby acknowledge, understand and aifirm that your failure to submit the Clearance/ certification from an accredited 2Clinic/laboratory or when the confirmatory test turns positive shall constitute a ‘ground for terminating your probationary employment with the Company. Il, Training period During the training period, provided that your training program and/or your probationary employment with the Company is not terminated for any of the causes provided in this Agreement and in the Company policies, rules and regulations, standards, Code of Conduct, and any other Company issuances, you shall receive, in addition to the government mandated benefits the following: Basic Salary Php 15,000.00 per month Free Uniform 3sets Free Manager's Meal No food limit as long as the Food is consumed only and personally by the manager within restaurant premises While the manager is on duty as such, Holiday Leave 7 days fora whole year (Prorated depending on the month you joined) Birthday Leave 1 day (within birthday month) Gift Certiticate Discount 20% discount Birthday Party Discount 20% discount on food order You hereby acknowledge and affirm that you are on probationary status during the time you are undergoing training as a Manager Trainee. Your performance luring the training period will be reviewed as stated above based on standards, {qualifications and conditions prescribed for the position of Manager Trainee, made known to you during your orientation and as attached hereto, ‘Your promotion to Shift Manager atthe endl of the training period shall be subject to your full satisfaction and completion of the standards, qualifications and conditions prescribed for the position of Shift Manager Should you fail to qualify for the position of Shift Manager, your probationary employment with the company shall be deemed terminated. ‘You agree that the Company may utilize your services in any section, clepartment, office or establishment and/or related companies forming, part of the Company's organization, in any part of the Philippines and also to any concern which the Company may possess or acquire in the future, You furthermore agree and understand that the venue of your training program may be changed at the Company's sole discretion and ai any time during the said training program. In such an event, you shall transfer to the new location or venue for the training program, Upon your transfer, you agree to be bound by the rules, regulations, and policies ‘of the new lacation and shall only be entitled to the compensation and benefits as provided for in this Agreement. The relocation or transfer shal likewise be subject {o the existing company policies, rules and regulations applicable at the time of such relocation or transfer if any.‘You shall faithfully and punctually attend the training and shall enthusiastically participate therein, You further undertake to explain to the Company the reason for your absence/s from the Training and/or any incident of tardiness if any. ‘The provisions of this Agreement to the contrary notwithstanding, and subject to the provisions of Section IV, the Company shall have the right to require you to stop attending the Training even before the end of the training period, as well as any Module or Course, if there is no class pre ~ work, performance in class is below Goad, at least One (1) tardiness is incurred during the class week, and / of for any other reason elsewhere provided in this Agreement, as well as in the Company policies, rules and regulations, standards, Code of Conduct, and any other issuances in connection therewith. You agree to work in accordance with a work schedule determined by the ‘Company and to render extra work in any day in case there are urgent works to be done. ‘You shall be solely responsible and accountable for any loss of, or damage to any ‘materials, tools, oF equipment issued to you in the course of your training, and /or employment. TIL Cost and Expenses of Training The Company shall shoulder the costs and expenses relative to the said training, including training aids and materials, without any deductions from your basic salary eared throughout the training, period referred to under Section I of this Agreement, subject, however, lo Section IV of this Agreement, IV. Pre-Termination You hereby expressly acknowledge and agree thal, in consideration of the Training that the Company will give you, as well as the knowledge and skill that will be imparted to you by virtue of Said Training, and to enable the Company to obtain a reasonable return on its investments for your training, you voluntarily and knowingly agree and bind yourself to be employed with and render services to the Company for a minimum period of two (2) years, during which you shall perform your duties, and/or train or transfer knowledge and skills to other employees. You further understand and agree thatthe minimum period of two (2) years employment service referred to under this paragraph shall be reckoned from the date of your satisfactory completion and fullillment ofall the requirements of the said training, In the event that you, for any cause whatsoever, shall: j) refuse or shall be unable to.complete the said training; oF i) refuse or shall be unable to be employed by the Company after the said training in accordance with this Agreement, you shall reimburse the total costs and expenses incurred by the COMPANY, which you hereby agree to pay in a single lump sum and computed as follows: Pretermination upon attending any Php34301.00 class, portion or day of the Shift Leadership Transition (LT) ClassPretermination upon attending any Php43,201.00 class, portion or day of the Systems Workshop 1 (SW1) Course Pretermination upon attending any p53, 101.00 class, portion or day of the Advanced, Shift Leadership (ASL) Course Pre-termination upon attending any Php64,081.00 class, portion or day of the Systems Workshop 1 (SWW2) Course Pretermination upon attending any Php74,561.00 class, portion or day of the Systems Workshop 1 (SW3) Course Pre-termination upon attending any Php 91,061.00 class, portion or day ofthe Developing the Leadership in Me (DLIM) Course If you refuse, fail or are unable to complete the said two-year employment period for any cause or reason, and / or are dismissed for cause by the Company, you shall likewise be required to reimburse the tolal costs and expenses incurred by the Company, in lump sum, forthe said training, ‘The total costs and expenses, as computed above, shall be deducted from any final pay that you should receive, duly adjusted by any amount due to the company. In the event that any balance payable to the company remains for the said total costs and expenses, such balance shall be collected from you, also in lump sum, thereafter. You shall reimburse any remaining balance, in lump sur within five (5) ‘working days from your receipt of a written notice from the Company for that purpose, The foregoing notwithstanding, you will not be required to reimburse the said training expenses where the pre-termination is due to physical incapacity or other ‘causes not attributable to your own fault. Finally, Company hereby reserves the right, from time to time or as may be necessary, to revise or change the foregoing, in accordance with or as may be recommended by McDonalds Global Training Curriculum, without need of prior notice or your conformity. The corresponding training bond/s indicated shall likewise be adjusted in accorclance with any such revision or change. V. Non-Compete Agreement Fully cognizant ofthe sensitive nature of the Confidential Commercial Information that will be discussed and or disclosed during the Training and the tenure of your employment with the Company, and because the use of, or even the appearance of the use of Confidential Commercial Information may cause irreparable damage to the Company and ts reputation, or to clients of the Company, you shall not, uring your employment with the Company and two (2) years after thetermination thereof, engage, directly or indirectly, by yourself or through any Person, engage in any activity which creates Conflicts of Interest or appear to create any such Conflict of Interest ‘You shall not, during your employment and two (2) years after the termination thereof, establish any business, by yourself or through any Person, or work for any business, enterprise, or any division, group or any other subset of any business enterprise, its subsidiary or affiliate that competes or intends to compete in any ‘way with the Company’s business, which is that of a quick service restaurant or any business or entity which is part of a conglomerate that isa direct competitor of the Company, or a Conglomerate which has any business interest in a corporation ‘or entity dizectly in competition with the Company. While employed by the Company and two @) years thereafter, you shall not, directly or indirectly, individually or on behalf of any Person, solicit or induce or assist in any manner in the solicitation or inducement of any employee of Company to render services to or for your benefit or that of another Person, to terminate his or her employment with the Company or otherwise to act contrary to the interests of the Company. Upon termination of your employment with Company for any reason, and for a period of two (2) years thereafter, you shall immediately notify the Company of any change of your address and the name and address of your subsequent employers. This non-competition obligation shall be observed in all territorial jurisdictions whore the Company conducts its business. ‘The undertakings and covenants which you have made under this section shall be binding upon your heirs and! legal representatives and shall inure to the benefit of the Company and its successors and assigns. In the event of the unenforceability or invalidity of any provision under this section, this section shall be enforceable in part to the fullest extent permitted by law, such invalidity or unenforceability shall not otherwise affect any other section fr provision of this Agreement, and this Agreement shall otherwise remain in full force and effect VL. Entirety of Agreement It is expressly agreed and understood that there are no verbal agreements or understandings between you and the Company affecting this Agreement and that no alterations or variations of the terms hereof shall be binding upon either party to this Agreement unless the same are reduced in writing and signed by you and the Company. ‘This Agreement and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with Philippines Laws, and you hereby ‘waive all objections to such jurisdiction. All actions under this agreement shall be instituted at the proper court of Makati City to the exclusion of all others You agree that money damages alone will not be a sufficient remedy for any breach of the provisions of this Agreement by you, and that in addition to all otherremedies the Company may have, the Company shall be entitled to specific performance, injunctive or such other equitable relief appropriate by a court of competent jurisdiction and you waive the securing or posting of any bond in connection with such remedy. You warrant to the Company that you are not under any other contract or agreement that precludes you from becoming an employee of the Company. You likewise warrant that in performing your duties as an employee of the Company, you will not use and do not possess any confidential or proprietary information, ixade socrets, or other property of any Kind which will violate or could result In a violation of any contract, agreement, or legal right of any other party. You agree to indemnify and hold harmless the Company, its directors, officers, employees and agents from and against any ancl all claims, losses andl damages arising dieectly or indirectly from a breach of the warranties provided by you under this Agreement fora violation by you of any trade secret, proprietary or confidential information, obligation, or property or legal rights of any other party, By affixing your signature on this Agreement, you hereby affirm and acknowledge that you have read and fully understood the terms and conditions hereof including the legal implications of the same and agree to be fully bound by the terms and conditions of this Agreement, You further affirm and acknowledge that you accept all the terms and conditions hereof If the above terms and conditions are satisfactory and meet your conformity, kindly indicate your acceptance by aifixing your signature at the space provided below. Very truly yours, Golden Arches Development Copforation By: |ARITES J. DOMINGO snior Manager ~ Talent Management Human Capital Group Conforme: | acknowledge receipt of this letter-agreement dated and its attachments (a copy of the prescribed standards, qualifications and conditions for the position of Manager Trainee) this ___th day of 2022, 1 also acknowledge that I have read the same and its attachments and fully understood them. I willingly and voluntarily execute this Authority with full knowledge of my rights under the law. wikis io sly 4, 2022 Employee's signature over printed name Date 7ACKNOWLEDGEMENT REPUBLIC OF THE PHILIPPINES CITY OF MAKATISS. BEFORE ME, a Notary Public in and for Makati City, Philippines, on this ~ day of personally appeared the following: Name ‘Competent Evidence of Identity Date/Place Issued, GADCas represented by: TIN No, 000-121-242-000 Dec. 24,1993, Makati Marites J. Domingo Driver's License -'N02-98-371091 May 09, 2018/Paranaque To me known fo be the same persons who executed the foregoing instrument and acknowledge to me that the same is their free and voluntary act and deed and of the corporations they represent. This document consisting of Eight (8) pages, including this page where the acknowledgement is written has been signed by the parties together with their instrumental witnesses, WITNESS MY HAND AND SEAL on the date and place hereinabove written, NOTARY PUBLIC Doc. No.__; Page No, BookNo. Series of 2022