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Contract of Probatonary Employment

The contract establishes a probationary employment relationship between an employer and employee, wherein the employee agrees to perform duties for the employer in exchange for a monthly salary, for a probationary period lasting from an start date until an end date, and the employer may terminate the employment before the end of the probationary period for certain listed reasons. The contract also specifies requirements regarding compensation, confidentiality of trade secrets, liability of the employee, and venue for any potential disputes.

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Gracey Paulino
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157 views4 pages

Contract of Probatonary Employment

The contract establishes a probationary employment relationship between an employer and employee, wherein the employee agrees to perform duties for the employer in exchange for a monthly salary, for a probationary period lasting from an start date until an end date, and the employer may terminate the employment before the end of the probationary period for certain listed reasons. The contract also specifies requirements regarding compensation, confidentiality of trade secrets, liability of the employee, and venue for any potential disputes.

Uploaded by

Gracey Paulino
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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CONTRACT OF PROBATONARY EMPLOYMENT

KNOW ALL MEN BY THESE PRESNTS:

This CONTRACT OF PROBATIONARY EMPLOYMENT is made and executed


by and between:

__________________________, a domestic corporation duly registered and


existing under the laws of the Republic of the Philippines, with principal office
address at ____________________, represented herein by
__________________________, hereinafter referred to as the EMPLOYER;

-and-

_____________________________, of legal age, single/married and a resident


of _______________________________ hereinafter referred to as the
EMPLOYEE;

EMPLOYER and EMPLOYEE are collectively referred to as “PARTIES”.

WITNESSETH:

WHEREAS, the EMPLOYER requires the services of a ____________________


(position) for employment in EMPLOYER’S business at
___________________________ (place of work);

WHEREAS, the EMPLOYEE is willing to perform the above-stated functions for


the EMPLOYER and accepts the responsibilities arising therefrom, subject to the terms
and conditions hereinafter provided;

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


such mutual terms and considerations hereinafter set forth, the parties agreed and
covenanted, as they hereby agree and covenant, as follows:

1. EMPLOYMENT – EMPLOYER hereby employs, engages and hires EMPLOYEE


as a Probationary Employee and EMPLOYEE hereby accepts and agrees to
such hiring engagement and employment, subject to the general supervision and
pursuant to the orders, advice, direction of EMPLOYER;

2. DURATION OF EMPLOYMENT – the EMPLOYEE shall commence his


probationary employment with EMPLOYER effective _________________, and
shall expire on ____________________, subject to the following terms and
conditions, to wit:

2.1. The EMPLOYEE agrees that he/she will at all times faithfully,
industriously, and to the best of his/her ability, experience and talents,
perform all the duties that may be required of him/her, pursuant to the
express and implicit terms hereof and to the reasonable satisfaction of the
EMPLOYER;

2.2. The continued probationary employment of EMPLOYEE shall depend on


how well he/she performs his/her duties and assigned tasks to the
satisfaction of the EMPLOYER;
2.3. The EMPLOYEE as a prerogative of the EMPLOYER, may be assigned to
other assignments or place of work and/or different task with the
assurance that the transfer will not result into a reduction of pay;

3. COMPENSATION – For the duration of the probationary agreement, the


EMPLOYEE shall be paid the applicable minimum wage by the EMPLOYER in
the amount of ___________________________ per month. The salary of the
EMPLOYEE shall be subject to SSS Premiums, PhilHealth, Pag-Ibig and
Withholding Tax Deductions, etc. by the EMPLOYER;

4. LIABILITY OF EMPLOYEE – All damages which the EMPLOYER may suffer


through the negligence, fault or any other intentional acts of the EMPLOYEE
shall be charged to the EMPLOYEE without prejudice to any court action that the
EMPLOYER may file against the EMPLOYEE;

5. TRADE SECRETS – EMPLOYEE shall not at any time or in any manner, either
directly or indirectly, divulge, disclose, or communicate to any person, firm or
corporation in any manner whatsoever any information concerning any matters
affecting or relating to the business of EMPLOYER, including but not limited to,
the identity of any of its customers, prices at which it sells or has sold its
products, the volume of sales it generates or has generated, and any other
information concerning the business of EMPLOYER, its manner of operation,
plans, processes, techniques, technologies or other data without regard to
whether all of the foregoing matters will be deemed confidential, material, or
important. The parties hereto agree that as between them, important, material,
and confidential shall mean that which will affect the effective and successful
conduct of the business of EMPPLOYER and its goodwill. This stipulation shall
remain in force for one (1) year from date of termination of employment of
EMPLOYEE. Any breach of this Contract which shall entitle the EMPLOYER to
recover damages from the EMPLOYEE;

6. PRE-TERMINATION OF EMPLOYMENT – The employment of the EMPLOYEE


may be terminated by the EMPLOYER prior to the expiration of the probationary
period under the following grounds, to wit:

6.1. Failure to meet the required standards set by the EMPLOYER which are
made known to the employee signing of this agreement. Upon signing of
this agreement, EMPLOYEE hereby acknowledge to have understood in
full the required standards imposed by the EMPLOYER;

6.2. Violation of existing Company Personnel Policies, Rules and Regulations


which are made known to the employee upon signing of this agreement.
Upon signing of this agreement, EMPLOYEE herein acknowledge to have
understood in full the Company Personnel Policies, Rules and Regulations
imposed by the EMPLOYER;

6.3. Non-disclosure of prior criminal record or conviction; and

6.4. Misrepresentation of personal records and documents as may be required


by the EMPLOYER;

7. TERMINATION OF EMPLOYMENT – Upon the expiry of this Probationary


Contract of Employment, the same is deemed automatically terminated unless
expressly renewed or extended in writing by the EMPLOYER. The extension of
the probationary period of the EMPLOYEE by the EMPLOYER is not tantamount
to the attainment of permanency of employment but rather for a further
evaluation by the EMPPLOYER of skills learned by the EMPLOYEE;
8. WAIVER – Any company prerogative and/or right not provided herein, does not
result into a waiver of the same either impliedly or explicitly;

9. VENUE IN CASE OF DISPUTE – Venue in all cases arising out of this contract,
labor, civil, Social Security System and all other cases except in criminal cases,
shall be filed or litigated in Bacolod City, to the exclusion of all other court or
venues.

IN WITNESS WHEREOF, we affix our signature this ____________________, in


the City of Bacolod, Philippines.

_______________________
(Name of Employer)
EMPLOYER

__________________________
(Name above signature of Probationary Employee)
EMPLOYEE

ACKNOWLEDGMENT

Republic of the Philippines )


City of Bacolod )
x------------------------------------x

Before me, this ________________, at Bacolod City, Philippines personally


appeared the above-named parties who exhibited to me their respective IDs described
hereunder:

NAME COMPETENT EVIDENCE OF IDENTITY

all known to me to be the same persons who executed the foregoing PROBATIONARY
CONTRACT OF EMPLOYMENT and acknowledged before the same is their own
voluntary act and deed and of the corporation being represented.

This instrument consisting of three (3) pages, including the page on which this
acknowledgement is written, is signed by the parties as well as their witnesses and
sealed with my notarial seal.

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

Doc. No. ______;


Page No. ______;
Book No. ______;
Series of 2017.

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