CONTRACT OF EMPLOYMENT

(PROBATIONARY EMPLOYEE)

KNOW ALL MEN BY THESE PRESENTS:

This contract is made and entered into this __ day of ______, 20__, by and
between:

SUNWEST CONSTRUCTION AND DEVELOPMENT CORPORATION, a

juridical entity duly organized and existing under the laws of the Philippines, with
principal office at Lidong Sto. Domingo Albay, Philippines herein represented by
its ________________, __________________, herein referred to as the
“COMPANY”

AND

_______________________ with residence and postal address at

_________________________________________________ Philippines,
hereinafter referred to as “EMPLOYEE”.

Who shall be collectively known herein as the “PARTIES”

WITNESSETH, that:

WHEREAS, the EMPLOYEE has knowingly and voluntarily applied for employment
contract with the COMPANY;

WHEREAS, in accordance with existing laws, rules and regulations on the matter, the
COMPANY has offered employment to the EMPLOYEE on a probationary basis,
subject to the terms and conditions of this Contract;

NOW, THEREFORE, the parties agree as follows:

A. Position. The EMPLOYEE is hired as ________ of the COMPANY, and shall

be responsible for the duties and functions outlined in ANNEX “A” (Job
Description) hereof as well as such other duties and functions as may be
assigned from time to time.

B. Work Place and Schedule. The EMPLOYEE shall devote full time and effort
to the performance of his/her duties and functions for the COMPANY. Thus,
the EMPLOYEE is required to report for work at the COMPANY’s above-
stated address for __ (__) hours a day from ____ am to ____ pm every
______ to ______ under compressed workweek schedule, or as may be
modified or determined by the Company.

C. Rest Periods. The EMPLOYEE shall be entitled to a daily time-off for his/her
regular meals not exceeding sixty (60) minutes. He/she shall be entitled to
short coffee breaks of not exceeding fifteen (15) minutes in the morning and
in the afternoon.

D. Period of Probationary Employment. The EMPLOYEE is employed on

probationary status for a period of _____ months or ______ calendar days,
beginning on ______ and ending on ______. Prior to the expiration of the
Contract for Probationary Employment
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 EMPLOYEE’s probationary employment, he/she shall be notified in writing if
he/she qualified as regular employee.

E. Standards for Regularization. The EMPLOYEE acknowledges and

understands that his/her continued employment with the COMPANY is
subject to his/her successfully meeting the COMPANY’s standards for
regularization, a copy of which is hereto attached as “Annex B” (Key
Performance Indicators) which is made an integral part of this contract.

For this purpose, the COMPANY will conduct monthly evaluations of the
Employee’s performance taking into consideration the EMPLOYEES Job
Description (Annex A) and the standards for regularization (Annex B).

F. Compensation and Deductions. The EMPLOYEE shall be entitled to a

basic salary of ___________________ [amount in words]
(PhP______________) per _______ [day/month] from which shall be
deducted contributions for Social Security System (SSS), Philippine Health
Insurance Corporation (PHIC), Pag-Ibig, withheld taxes and other government
mandated or agreed deductions. Your salaries shall be paid every
__________ and __________ days of the month [payment interval must not
exceed sixteen (16) days].

G. Entitlement to Benefits. The EMPLOYEE understands that his/her

probationary employment does not entitle him/her to benefits that are, or may
hereafter be, granted only to regular employees, except those benefits which
are mandated by law, and/or those benefits which as a matter of COMPANY
policy are extended to all employees regardless of status.

It is understood that any bonus, premium, commission or other government

mandated minimum benefits or your basic salary as stated above, shall not
be considered as demandable part of your salary or an established
COMPANY practice or precedent, but merely an act of gratuity on the part of
the COMPANY which may be discontinued or revised at any time at the
COMPANY’s sole discretion.

H. Compliance with Company Policies. The EMPLOYEE undertakes to abide

by the rules, regulations and policies issued by the COMPANY (a copy of
which is hereto attached and made an integral part hereof as ANNEX C), as
the same may be amended from time to time, and he/she further agrees, that
in case of any violations thereof, disciplinary sanctions which includes
suspensions, reprimands and dismissal, as contained therein, shall be
imposed. In addition, the EMPLOYEE agrees that he/she may be preventively
suspended by the COMPANY should it find that his/her continued
employment poses a serious and imminent threat to the life and/or property of
the COMPANY including the latter’s directors and officers, and/or the life
and/or property of his/her co-workers.

I. Transfer. As a management prerogative, the COMPANY may transfer or

assign the EMPLOYEE to its affiliate, subsidiary or sister company where
he/she can be most useful in pursuance of its legitimate business interest.
This transfer does not entail demotion or diminution of salary and/or benefits
neither loss of employment.

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 J. Reimbursement of Expenses. The EMPLOYEE shall be entitled for
reimbursement from the COMPANY for all reasonable and direct out-of-
pocket business expenses incurred in connection with his/her employment
(including, but not limited to, expenses for travel incurred in conducting or
promoting business of the Company) upon timely submission of receipts and
other documentation as required by the normal expense reimbursement
policies of the COMPANY.

K. Work Stoppage. In case of unavailability of work or other causes that may

result to work stoppage, the EMPLOYEE shall be considered on leave of
absence without pay pursuant to Labor Code Policy of “No Work, No Pay”.

L. Non-Disclosure Agreement. The EMPLOYEE acknowledges that in the

course of his/her employment, he/she will be allowed to access to and/or be
in possession of Confidential Information of the COMPANY, affiliates,
subsidiaries and/or its clients. The EMPLOYEE agrees that such access or
possession of the Confidential Information is allowed exclusively for the
limited purpose of performing his/her duties and functions. Thus, the
EMPLOYEE agrees not to divulge or use such Confidential Information, in
any manner, outside of his/her duties and functions. In case of violation or
threatened violation of this undertaking, the EMPLOYEE agrees that the
COMPANY is entitled to secure an injunction against the EMPLOYEE, in
addition to securing payment from him/her of such actual damages as the
COMPANY may have suffered

“Confidential Information” shall mean any and all information, data, material,
record, and/or report owned by, or otherwise pertaining to the COMPANY, its
affiliates, and their respective shareholders, directors, officers, employees,
and clients, including without limitation any documents, bills of quantity,
technical drawings, schematics, samples, working/testing instructions,
product and/or services details and documentation, sales reports,
performance evaluations, marketing, management and/or business plans and
strategies, customer records, financial and/or business records, manpower
and human resource records, business processes, management contracts,
project documentation, service contracts, software, hardware, technical data,
know-how, ideas and inventions (whether patentable or not), patents,
copyrights, designs and design rights, trademarks, service marks, trade
dresses, trade names, goodwill, geographical indications, trade information,
trade secrets, proprietary knowledge and/or information, and the like, and all
copies thereof, whether or not marked as “confidential,” “proprietary,” or its
equivalent, or otherwise identified as confidential or proprietary, or anything
which by its nature or from the circumstance surrounding its creation or
disclosure ought to be considered as confidential or proprietary.

M. Termination of Employment. The EMPLOYEE acknowledges that aside

from the just and authorized causes under the law, the COMPANY may
terminate employment in any of the following cases:

1) Failure to meet the standards outlined in Annex B

2) EMPLOYEE’s breach of any of the terms and conditions of this

Contract;

Contract for Probationary Employment

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 3) EMPLOYEE’s physical incapacity to perform duties and functions;

4) EMPLOYEE’s violation or breach of the COMPANY’s policies, rules

and regulations (whenever warranted under such policies, rules and
regulations);

5) EMPLOYEE’s commission of any act or omission causing or tending to

cause any loss or damage to the COMPANY’s properties or business
reputation; or

6) EMPLOYEE’s violation of any provision of the laws of the Philippines.

Any of the foregoing cases shall be considered a just cause for dismissal
under the law.

On the other hand, it is understood that the EMPLOYEE may terminate

his/her employment at any time for any reason whatsoever by giving the
COMPANY written notice of at least thirty (30) days prior to his/her intended
date of termination.

N. Penal Clause. It is herein agreed that Employee’s violation of Clauses K and

L shall entitle the Company to recover liquidated damages in the amount of
______________________________ pesos (Php_____________).

O. Turnover of Company Property. Upon termination of employment for any

cause, the employee undertakes to turn over and/or return to the COMPANY
all its property including equipment, correspondence, documents, records,
data software, disks and other information-storing medium, specifications,
models and all copies, summaries, notes and reproductions thereof, and any
other property belonging to or relating to the business of the COMPANY
which are in his/her possession or control.

P. Non-Assignability by Employee. This contract is personal which must be

performed solely by the EMPLOYEE and may not be assigned or
subcontracted without the express written consent of the COMPANY.

Q. Exhaustion of Remedies. The Parties herein agree that they cannot institute
any action for the enforcement of the provisions of this Contract or for
damages for breach thereof, unless all available administrative remedies
between the parties have been exhausted;

R. Severability. In the event any provision of this Contract is deemed to be void,

invalid or unenforceable, that provision shall be severed from the remainder
of this Contract so as not to cause the invalidity or unenforceability of the
remainder of this Contract.

S. Change of Agreement. This contract may be modified or amended through

an addendum or appendix which shall become an integral part of this
contract, provided the Parties have been aware of and agreed to the terms
therein. Said addendum or appendix shall not be binding unless signed and
dated by both Parties.

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 T. Translation. The Company caused the reading and translation of this
Contract in a language known to the Employee and the latter has understood
and expressed his unconditional acceptance over the same.

U. Other[s]. The Employee expressly agrees and authorizes the Company to

make necessary deductions from his/her final salary, bonuses, or other
benefits that may be due to him/her to effect settlement or payment of any
unpaid or pending obligations that you may have at the time of the cessation
of his/her employment. This is without prejudice to the Company’s right to
resort to any and all available legal remedies to secure payment or
remuneration for any of his/her outstanding obligations that are not covered
by his/her final salary, bonuses or other benefits and any damage incurred by
the Company by reason of his/her act or omission.

IN WITNESS WHEREOF, We have affixed our signature this __ day of _____,

20__.

______________________ ____________________
____________________ NAME OF EMPLOYEE
(Designation) Signature over printed name

SIGNED IN THE PRESENCE OF:

______________________ _____________________
WITNESS WITNESS

ACKNOWLEDGMENT

BEFORE ME, personally appeared

Known to me to be the same person who executed the foregoing Agreement

consisting of _____ (__) pages including this Acknowledgement where it is written and
signed by the Parties and their witnesses and further acknowledged to me that the
same is their free and voluntary act and deed, including that of the corporation that
_____________ represents.

Witness my hand and seal

NOTARY PUBLIC
Doc. No. ____
Page No. ____
Book No. ____
Series of 20__

Contract for Probationary Employment

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 ANNEX A

Please insert the Job Description

Contract for Probationary Employment

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 ANNEX B

Please insert the Key Performance Indicators

Contract for Probationary Employment

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 ANNEX C

Please insert the Company Policy, Rules and Regulations

Contract for Probationary Employment

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