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PROBATIONARY EMPLOYMENT CONTRACT

Date: ______________________

Employee Complete Name: __________________________________


Employee Address: _________________________________________________________

We are pleased to inform that you are now a PROBATIONARY EMPLOYEE of The Company
“ ” with the following terms and conditions;

1. NATURE OF EMPLOYMENT

2. TRAINING PERIOD
During the Contract Period, The Company can require The Employee to undergo training and
rotate between departments if needed.

If Training period is not completed without fault from The Company, all amounts paid to The
Employee shall be returned to The Company.

3. PROBATIONARY EMPLOYMENT

The Employee will undergo a PROBATIONARY EMPLOYMENT of Six (6) months


counted from the date of onboard inclusive of training period unless sooner terminated for
cause/s provided for by law and/or this Contract.

During the Probationary Employment, The Company may evaluate the performance anytime
during the probationary period. The Evaluation may or may not be in writing, the Employee
agrees that it is The Company’s prerogative to decide whether qualify to be a regular employee.
The Company reserves the right to terminate probationary employment at any time, even prior to
the expiration of the probationary period, should the Employee fail to meet and comply with the
performance standards set by The Company as well as for any just and/or authorized causes
provided by the law including violation of the provision of this Contract and/or The Company
Code of Conduct.

Attainment of regularization shall be conditioned on having successfully passed and


complied with The Company. Upon regularization the Employee shall be governed by the same
terms and conditions of this contract as well as the rules and regulations to be issued by The
Company.

4. CONTRACT PERIOD
Upon successful completion of the Training, the Employee covenants and undertakes to
serve The Company for a minimum period of 24 MONTHS/ 2 YEARS (hereinafter referred to as
"the Contract Period"). The Contract Period commences from the date of the Training.
During the Contract Period, the Employee shall not engage to other Employers or other
Competitors. The Employee agrees that in the event that the employment is separated within the
Contract Period whether voluntary or involuntary or separated for any reason not fault by The
Company, The Employee shall be held liable for breach of contract and liquidated damages in
the amount of at least PHP 100,000.00.

5. APPOINTMENT AND COMPENSATION

Employee is hereby appointed as PROBATIONARY Employee with the following details;


Position: _______________________________

Department / Project: _______________________________


Branch : _______________________________

Effective Date: _______________________________


Basic Salary: _______________________________

Compensation will be subject to withholding tax and government mandated contributions


deductions. It is the Employee’s responsibility to submit requirements for Government mandated
contributions such as SSS, Philhealth and Pag-ibig number. Failure to submit aforementioned
means negligence on the Employee part and the Employee hereby acknowledge that it is not The
Company’s liability and obligation if the contribution is not processed due to Employee
negligence.
The Company reserves the right to assign the employee to other areas of work as may be
required.

6. CONFIDENTIALITY
During the employment and for a period of ( ) years after termination of project
contract or separation from employment for any reason, without The Company written consent,
The Employee shall not, directly or indirectly.
a) Seek employment with any other companies that is or may be engaged in similar business
with THE COMPANY AND THE PRINCIPAL.
b) Employ, solicit for employment, or recommend for employment any person employed by
THE COMPANY AND THE PRINCIPAL (or any of its Affiliates).
It is agreed by the Employee that the pursuit of such activities will necessarily involve the
use, disclosure or misappropriation of confidential information. Any violation of the provisions
of this section may lead to prosecution for breach of contract by which The Employee shall be
held liable for liquidated damages in the amount of at least PHP 100,000.00.

7. COOPERATIVES FUNDS POLICY AND VOLUNTARY ACCEPTANCE OF THE


FACILITIES

The employee is required to comply with the Cooperative Funds Policies and Procedure. All
the employees residing in The Company Barracks are required to acknowledge the Voluntary
Acceptance of the Facilities provided by The Company.
8. COMPLIANCE WITH THE COMPANY POLICY, CODES OF CONDUCT AND
LABOR CODE

The employee is required to comply with all Company rules and regulations and policies.
Any violation shall be a ground to terminate this Agreement prior to its expiration date. All
existing as well as future rules and regulations issued by The Company are hereby deemed
incorporated with this Contract. The Employee recognize that by signing this Contract, is bound
by all such rules and regulations which The Company may issue from time to time.
Upon signing of this Contract, The Employee hereby recognizes The Company’s right to
impose disciplinary measures or sanctions, which may include, but not limited to, termination of
employment or suspensions for any and all infractions, act or omission. 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.

9. ACCOUNTABILITY
The employee shall be issued and allowed to use accountabilities for work purpose such as,
tools, gadgets, equipment, service vehicles, company materials and properties. However, if loss
or damage caused by employee’s negligence or intentional fault, he/she shall be liable for said
amount and shall be applied to any “PAYROLL” or “FINAL PAY” dues.

10. DRUG-FREE & SMOKE-FREE WORKPLACE POLICY


INC. is intending to help provide a safe and drug-free work
environment for our clients and our employees. The Company will conduct drug and/or alcohol
testing. If an employee is tested for drugs or alcohol outside of the employment context and the
results indicate a violation of this policy, or if an employee refuses a request to submit to testing
under this policy, the employee may be subject to appropriate disciplinary action, up to and
possibly including discharge from employment. In such a case, the employee will be given an
opportunity to explain the circumstances prior to any final employment.
All Company premises are smoke-free, must stay 100 meters away or designated area for
smoking.

11. RESIGNATION / EMPLOYMENT SEPARATION POLICY

Resigning employee must give sixty days (60) days notification prior to resignation.
Resigning employees must report for work full time while observing the 60 days requirement.
INC. shall put on hold the FINAL PAY consists of unpaid salary/
salaries, Pro-rated 13th Month Pay, Tax refund (if there are any) in case the 60-day
requirement is not observed. This also applies to employee who will be Absent without
official leave (AWOL) and cannot be contacted and deliberately cannot be reached. Final
pay will also be hold for Terminated Employees with violations with money involved
such as but not limited to Solicitation, Extortion, Cable theft and Malversation of
Company funds.
Employees who were issued company owned equipment Company ID, Laptop, Tools,
ATM, Uniform, etc. Final Pay will be released upon the schedule of its availability or
approximately 14 days after the return of all accountabilities and completion of clearance
without pending case.
12. CONFIDENTIALITY AND NON-COMPETE CLAUSE
The Employee agrees that during or after the term of this employment and separation of
employment, not to reveal confidential information, such as but not limited to employment
contract and its whole content, all company documents and trade secrets to any person, firm,
corporation, or entity.
Should The Employee reveal or threaten to reveal this information, The Company and The
Principle. shall be entitled to an injunction restraining The Employee from disclosing the same,
or from rendering any services to any entity to whom said information has been or is threatened
to be disclosed. The right to secure an injunction is not exclusive and The Company and The
Principle may pursue any other remedies it has against The Employee for a breach and
threatened breach of this condition, including recovery of damages from The Employee. Also,
The Employee will be liable for damages equivalent to Php 100,000.00
The Employee agrees that in the event of termination of the employment or resignation, The
Employee will not transfer to, or be employed in whatever capacity with another employer who
has competing business or another contractor or interest with The Company and The Principle
within 5 years from the date of separation either resignation or termination. Otherwise, The
Employee will be liable for damages equivalent to Php 100,000.00.
The Employee is also required to comply with the Agreement on Confidentiality of
information and Non-compete clause.

13. GENERAL

The Employee agrees that during COMPANY’s working hours, will devote whole time to the
service to COMPANY and will not engage in any other work or employment.
This Contracts represents the entire agreement between The Employee, The Company and The
Principle and supersedes all previous oral or written communications, representations or
agreements between The Company and The Employee. This Contract, together with The
Company’s Code of Conduct and all prevailing COMPANY’s policies and regulations, is the
entire agreement between The Employee and The Company upon employment.

The Employee agrees with all the foregoing by signing below:

Employee Signature: ________________________________ Date: _____________________

INC.
Recipient Signature: _________________________ (HR Dept) Date: _____________________

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