Sample Contract
Sample Contract
Dear Juan,
Alorica Teleservices, Inc is pleased to offer you employment as Customer Experience Agent under
the terms and conditions of this employment contract (the “Contract”), as follows:
1. Date of Hire
Your date of hire will be effective MONTH / DAY / YEAR, or on the start date mutually agreed upon with the
Company, whichever is sooner.
Your regular work schedule will be five (5) days a week but not necessarily with two (2) consecutive days off.
As the Company operates twenty-four (24) hours per day and seven (7) days a week, it may, at its sole
discretion and prerogative, reasonably change work schedules as may be necessary and/or as dictated by
exigencies and business requirements of the Company. You also agree to the implementation by the
Company of a Compressed Workweek Schedule should the same be imposed.
Due to the nature of the business, you may be required to report for work during Philippine Holidays. In line
with this, the Company has a holiday substitution scheme wherein some US holidays are taken in place of
pre-identified Philippine Holidays. By signing this Contract, you agree to be covered by such scheme.
You agree to be assigned to any location or transferred by mere notice to any Company affiliate or subsidiary
that may be determined by the Company as the need arises, without expectation of any additional
compensation. You further agree that this employment agreement may be assigned by the Company to
any of its affiliates or subsidiaries by mere notice and without need of your consent. In addition, this Contract
shall be assignable by the Company by mere notice and without need of your consent in the event that the
Company is acquired by or merged into another corporation or business entity. The benefits and obligations
of this Contract shall inure to the benefit of the Company’s successors and assigns.
3. Employment Status
a) You are subject to a probationary period not to exceed (6) months commencing on MONTH / DAY
/ YEAR. During this period, your job performance will be constantly evaluated by your superiors based on the
performance objectives and standards required by your position, Code of Discipline/Employee Handbook,
and Company policies, rules and regulations made known to you at the commencement of your
employment. Thus, the Company reserves the right to terminate your probationary employment at any time
if upon evaluation; the Company has determined that you failed to meet the standards for regular
employment which are the following:
v. Professionalism and good attitude towards work, your co-employees and the Company;
and
vi. Any other performance metrics that may be required by your program/department.
You hereby acknowledge that full and satisfactory compliance with your pre-employment requirements is
also an indispensable condition for continued employment. You, therefore, acknowledge the Company’s
right to rescind your employment contract and/or to terminate your probationary employment if:
i. You fail to submit all pre-employment documents and requirements within five (5) days from
your start date.
ii. You fail to submit your clearance and W2 (BIR 2316) forms from your previous employer within
one (1) month from start date, unless otherwise agreed upon in writing.
iii. You commit any misrepresentation or false information in your application papers or in any
pre-employment documents; or
iv. Your documents submitted during your application with the Company show any form of
discrepancy, alteration or other similar improper revision; or
v. Your background check results are negative and/or unsatisfactory; and/or upon further
validation of some statements you made during the recruitment process proved to be false;
or
vi. Your pre-employment medical exam results are unsatisfactory; or
vii. The results in any other pre-employment requirements are unsatisfactory.
c) During your probationary period, you are not entitled to vacation and/or sick leaves. Neither shall
you be entitled to any other benefits that are or may hereafter be granted to regular employees, except
those provided by law and those which the Company, as a matter of policy and upon its discretion, extends
to all employees regardless of employment status.
d) It is understood and agreed that the Company retains its legal and exclusive prerogative to
terminate your services, at any time during your probationary period for just and authorized causes provided
under the Labor Code, as well as applicable laws, rules and regulations.
e) You are aware that you are being employed under the express condition that you are not suffering
from any disqualification or prohibition either by reason of law, regulations or policies, or by contract to serve
as Customer Experience Agent for the Company. You represent and warrant that your performance of all
the terms of this Contract and your employment by the Company does not and will not breach any
agreement(s) to which you are a party. You further represent that you have not entered into, and will not
enter into, any agreement, either written or oral, in conflict with your obligations under this Contract. You
hereby acknowledge the Company’s right to rescind your employment contract and/or terminate your
employment for breach of these representations and warranties.
4. Remuneration
You will be paid a gross monthly basic salary of Nine Thousand Five Hundred Pesos (PHP 9,500.00) payable
fortnightly (every two weeks), subject to deductions that the Company is authorized or required by law to
make, such as, but not limited to, withholding tax, SSS premium, Philhealth and Pag-ibig contributions.
5. Benefits
In addition to government mandated benefits, you shall be entitled to the following benefits:
• Rice Allowance of One Thousand Five Hundred Pesos (Php 1,500.00) per month
• Night Differential Rate of 20%
• Twenty (20) Paid time-offs per year or 1.67 days per month, subject to existing Company rules on
availment and accumulation of leave credits
• Medical Insurance, subject to existing Company rules on qualifications for employee and
dependent coverage (including terms of payment) at the time of regularization.
It is expressly agreed that any bonus, benefit or other payment given by the Company to you in excess of
those enumerated in this Contract shall be considered as a mere gratuity and that the Company reserves
the right to discontinue or revise at any time, at its sole discretion. Furthermore, incidents when the Company
grants any bonus, benefit or other payment in excess of those enumerated in this Contract shall not be
considered as an established practice or precedent, and shall not form part of those due and demandable
herein.
The Company employees set the standard for ethical business conduct. As an employee of the Company,
you are required to review the Employee Handbook, and the Code of Conduct, security policies and other
rules and regulations that may hereafter be promulgated and agree to faithfully comply with the same. You
are also required to observe and abide by the Company’s business ethics and philosophy, as well as the
policies and procedures governing the same.
As the Company maintains a drug-free environment, the Company reserves the right to implement a random
drug testing, pre-employment drug testing, and drug testing “for cause” as stated in the Company’s policies
and procedures without prejudice to the provisions of all applicable laws. Any employee testing positive for
illicit drug use will be subject to appropriate action which may include termination of employment.
The Company may from time to time, and, after such issuance, discontinue, amend or change, certain
personnel policies, procedures and/or practices as may be determined as necessary by the Company. You
agree that such policies, procedures, and/or practices shall, when promulgated and issued, form an integral
part of the terms and conditions of this Contract, and as such, you agree to comply with the same.
By signing this Contract, you further signify your consent and waiver of your right to privacy and confidentiality
under the Data Privacy Act of 2012 (including your rights under Section 16 of Chapter IV of said law) and you
hereby agree and consent to the Company’s processing of your personal information including but not
limited to the collection, recording, organization, storage, updating or modification, retrieval, consultation,
disclose, and use said information for whatever purpose before, during, and post-employment. You hereby
free the Company from any liability on account of its processing of your personal information.
7. Termination / Resignation
In case your employment is terminated and/or this Contract is rescinded, except in case of termination due
to an authorized cause, or if your employment is terminated for just cause, the Company shall have no
obligation to you other than to pay that portion of your salary due to you for your services rendered to the
Company up to and including the effective date of such termination.
In the event that you wish to resign for any reason, you are required to give the Company a thirty (30) day
written notice prior to the effective date of your resignation. During this period, you shall continue to report
for work and ensure a proper turn-over of all your duties and responsibilities to the other employees, including
Company records, documents, properties, equipment and other materials in your possession and custody.
Otherwise, you acknowledge the Company’s right to terminate your employment instead and to hold you
liable for damages.
Should you have unpaid or pending obligations or liabilities to the Company, monetary or otherwise, upon
the termination of your employment, or upon your resignation from the Company, you expressly agree and
authorize the Company to deduct from the salary, bonuses and any other amounts or benefits that may be
due you, any and all amounts necessary to offset or effect settlement/payment of your said obligations,
without prejudice to its right to hold you liable for any remaining balance, including filing of the appropriate
legal action to collect such amount without need of further demand.
8. Conflict of Interest.
You shall refrain from engaging in any activity which will be prejudicial to the interests of the Company and
its affiliates and related parties including but not limited to Alorica Philippines, Inc,; Alorica Pacific Rim, Inc.;
West Contact Services, Inc.; Expert Global Solutions Asia (ROHQ), Ltd.; NCO Philippines Clark, Inc.; Expert
Global Solutions, Inc., collectively referred to as “Alorica Group” which will interfere with the performance of
your job, whether within or outside the office hours. Furthermore, you will not accept any other employment,
position, appointment, or engagement during the period of your employment with the Company, without its
written prior approval, neither will you engage in any activity during office hours, whether personal or official,
that will constitute potential conflict of interest between you and the Company.
9. Accountability
You agree that all records, documents and properties of the Company or its clients in your custody shall be
immediately surrendered, if requested during employment period, and the termination thereof, whether or
not requested.
You also agree that you shall be held solely responsible, accountable for all funds and properties that are
entrusted to you or otherwise come into your possession by reason of your position and in the performance
of your duties. Accordingly, you are obligated to return to the Company any excess, and restore to it any
shortage or deficiency to the Company, immediately upon your discovery thereof or when demanded by
the Company.
The President of Philippines Operations and/or his duly authorized representative/s, shall be allowed access
to your Company-assigned personal computer and/or E-mail Account for whatever purpose during the
duration of your employment with the Company, this being expressly understood that such
equipment/account is owned by the Company.
You agree that the Company may intercept, monitor, and/or record any and all incoming and outgoing
telephone calls and emails for purposes of quality control checks, to ensure your compliance with the
Company’s policies and procedures, and for training, educational and corrective action purposes. You
hereby freely and voluntarily give your consent to the Company to intercept, monitor and/or record all
outgoing and incoming calls and emails.
You also agree that in the event that the Company sponsors you to a local and/or international external
training, conventions, conferences or seminars, the Company has the option to enforce equitable
reimbursement of the cost of such training in the event of your resignation within a specified period of time.
You hereby agree and authorize the Company to deduct from the salary, bonuses and any other amounts
or benefits that may be due you, any and all amounts necessary to offset or effect settlement/payment of
your said obligations, without prejudice to its right to hold you liable for any remaining balance.
You agree not to use other than for the benefit of the Company and to keep confidential all information
belonging to the Alorica Group or any of its clients which it treats as confidential, including, but not limited
to, the nature of the work of the Company, which you have obtained or will obtain in the course of your
employment with the Company, information about customers/campaigns, recruitment/ramp plans,
marketing techniques, training methods, technical information, and possible new products or line of business,
except that you will not be required to keep particular items of information confidential after those items of
information become generally available to the public without a breach obligations under this Section.
You agree that except in the performance of your duties hereunder, you will not, at any time, directly or
indirectly, without the prior written consent of the Company, use or disclose to any person any confidential
or proprietary information obtained or developed by you while employed by the Company relating to its
business, except information which at the time:
a) is available to others in the business or generally known to the public other than as a result of
disclosure by you not permitted hereunder;
b) is lawfully acquired from a third party who is not obligated to the Company to maintain such
information in confidence, or;
c) is used in any dispute or proceedings between the parties and/or you yourself is legally compelled
to disclose such information; provided, however, that prior to any such compelled disclosure, you will:
i. assert the privileged and confidential nature of the Confidential Information against the third party
seeking disclosure and;
ii. cooperate fully with the Alorica Group in protecting against any such disclosure and/or obtaining a
protective order narrowing the scope of such disclosure and/or use of the Confidential Information.
In the event that such protection against disclosure is not obtained, you will be entitled to disclose the
Confidential Information, but only as and to the extent necessary to legally comply with such compelled
disclosure.
You shall not keep, copy from Alorica Group’s files and records and/or download from Alorica Group’s
computer systems any of the foregoing confidential information upon your separation from the Company
for whatever cause. You shall therefore agree to refrain from doing the following:
a) reproduce, tamper with, modify, alter or amend any confidential information, plan or design,
whether owned directly or indirectly by the Company, or that of the Company’s clients, or any
of the Company’s files which are confidential;
b) gain access to files and databases of the Company, including computer files, configuration
systems, and the like, which are restricted and classified as confidential by the Company; and,
c) commit any other act or omission which will undermine the confidential nature of files or
information of the Company or any business by the Company, whether or not you acquire such
information or have direct custody or possession of such as a result of working for the Company
or its clients.
This undertaking shall survive beyond your employment with the Company.
13. Non-Solicitation/Competition
You agree that during the term of your employment with the Company and for a period of six (6) months
from the cessation of your employment for any reason or cause, you will refrain from:
b) soliciting directly or indirectly the patronage of any person with whom you have had personal
contact or dealings on behalf of Alorica Group during the 6 month period immediately
preceding your separation from the Company,
c) directly or indirectly soliciting the customer of, or deal with any individual or legal entity which
was a customer or client of the Alorica Group at any time, for any business likely to compete
with the business, services and products of the Company, nor commit any other act or omission
that creates competitive business or activities against the Company’s business operations; or;
In connection with the foregoing provisions, you represent that your experience, capabilities and
circumstances are such that the provisions of this Section will not prevent you from earning a livelihood and
that the limitations set forth herein are reasonable and properly required for the adequate protection of the
Company.
For purposes of this Agreement, “Intellectual Property” means any ideas, inventions, discoveries,
development, marks, design, know-how, and any other property registered or otherwise protected, or
protectable under patent, utility patent, design, trademark, copyright, unfair competition, prevention and
other similar laws in any part of the world.
You hereby acknowledge that any and all Intellectual Property including but not limited to patents,
trademark and copyrights on any work products that you will create or deliver on account of your
employment with the Company shall be owned exclusively by the Company. You further acknowledge that
the Company has exclusive ownership rights over the said work products, including the rights of reproduction,
publication and amendment. You shall execute all documents necessary to direct the issuance of
trademarks, copyrights or patents to the Company.
Further, you agree that you shall immediately surrender such Intellectual Property to the Company if
requested during the employment period, and whether or not requested, at the termination or cessation of
your employment with the Company.
You agree to warrant that the work product/s that you will deliver on account of your employment with the
Company will not infringe any patent, trademark, copyright or any other proprietary right issued or honored
in any country. You agree to hold the Alorica Group, its Directors, Officers and employees free and harmless
against any suit for damages or any action on account of patent, trademark or copyright infringement and
other causes inherent to the work product/s that you will deliver.
You recognize that violation of provisions hereof could cause the Company irreparable harm and
agree that the Company shall have the right to apply to any court of competent jurisdiction for an
order restraining any breach or threatened breach of the provisions herein. Accordingly, you
agree that the Company shall be entitled to injunctive relief for any actual or threatened violation
hereof in addition to any other remedies it may have.
16. Severability
Any provision of this Contract that is invalid, illegal or unenforceable in any jurisdiction shall be
automatically reformed and construed so as to be valid, operative and enforceable to the
maximum extent permitted by law, or if no reformation is permissible, shall be ineffective to the extent
of such invalidity, illegality or unenforceability without invalidating or rendering unenforceable the
remaining provisions of this Contract, and any such invalidity, illegality or unenforceability shall not,
of itself, affect the validity, legality or enforceability of such provision in any other jurisdiction.
17. Jurisdiction
This Contract shall be interpreted and construed in accordance with the laws of the Philippines, without
giving effect to the conflict of law’s provisions thereof. Any suit, action or proceeding seeking to
enforce any provision of, or based on any matter arising out of or in connection with, this Contract or
the transactions contemplated herein shall be brought against any of the parties in the appropriate
courts or tribunals of the Makati City or Quezon City, Philippines, to the exclusion of all other courts.
18. Acknowledgement
a) except as otherwise provided for herein, the terms contained herein are the entire terms of your
employment with the Company and that there are no other arrangements, agreements, or
understanding, oral or written, between you and the Company regarding your present or future
employment with the Company, and that any arrangements, agreements, or understanding between
you and the Company regarding your present or future employment with the Company
shall not be valid unless evidenced by a writing signed by the President of the Company or someone of
equivalent position and;
b) except as otherwise provided for herein, any of the terms and conditions of this Contract
may only be modified or amended in writing signed by both you and the President of the
Company or someone of equivalent position.
19. Headings
Any subject headings of clauses and/or Sub-Clauses of this Contract are included for purposes of
convenience only and shall not affect the construction of interpretation of any of the provisions of
this Contract.
20. Prior to signing your conformity, you have conferred the contents of this Contract with your legal counsel
who apprised you of its legal significance and consequences.
You have been provided with two (2) originals of this Contract, both of which are in the English language. If
you agree with the terms and conditions set forth herein and wish to be employed by the Company under
said terms and conditions, please sign and date each original and return one (1) original to the Company.
The other original is yours to keep. Upon your signature of each original, each shall be deemed an original
and shall constitute one and the same instrument.
The Company welcomes you into its organization, and looks forward to your success.
Sincerely, Conforme:
Reviewed by,
Alexis G. Caneja
Talent Acquisition Manager
SUPPLEMENTAL AGREEMENT
(Training, Attendance, Program Complexity Allowances and Bonuses)
AMAZON US Retail
Allowances and/or : For the Amazon account, you will be given different set of incentives subject to tax provisions,
Bonuses namely:
• Program Complexity Allowance in the amount of One Thousand Pesos (PHP 1,000.00)
per month.
This allowance may vary and is conditioned upon the different account specifics per
line of business; Thus, in the event that you will be transferred to a different
account/line of business, such allowance may be withdrawn, lessen or increased
depending on the account’s classification in terms of requirement and complexity.
Responsibilities : • Respond to incoming customer billing inquiries by following techniques provided and
approved by training.
• Effectively handle incoming customer call/e-mail inquiries within established periods.
• Basic comprehension of the product and familiar in a Windows-based environment
• Track and report processes aimed at identifying specific service issues resulting in
quick resolution of identified issues.
• Deals and Coordinates with co-agents, client callers and
operations/production/team managers.
Training Period : The Training Period will consist of 24 working days, this may vary depending on the client
specifics performance targets for each line of business, and thus, it may be prolonged or
shortened. The training period may include the following:
Other Subsequent and : If you fail the Training Period as above mentioned or if you fail to pass company or program
Required Training/s mandated additional training/s, the company reserves the right to remove or transfer you to
a different account or line of business in accordance with company policies and other prior
agreements, if any.
Attendance Policy : We expect that you will consistently work your scheduled shifts. Our ability to successfully
meet our client’s and company goals depends on your capability in coming in to work on
time. Equally important, it is imperative that new employees (new to the Company and
internal transfers) do not miss any time during the critical weeks of training and ABAY to take
full advantage of the materials and support offered for each client program. To help us meet
these goals, we have outlined the attendance policy below:
During Foundation or Basic Skills or New Hire Quality Enhancement Skills Training / Pre-process
Training / Product Training, where applicable, training attendance policy is in effect. During
Foundation and Program Specific Training, tardiness or undertime is cumulative and should
not go beyond forty-five (45) minutes. An employee, who exceeds forty-five (45) minutes, will
be removed from training. A single incident of absence shall constitute outright
disqualification from the training program.
Post New Hire Training, Remainder of the Probationary Period and Regular Employment
Attendance standing will be penalized with a points system. Each type of attendance
occurrence has a corresponding point value (listed below). These values will be assigned
to each occurrence unless excused, using the appropriate dispute procedure as
prescribed, by the company.
The applicable attendance occurrence point will be given to an employee who is either
tardy, absent, undertime or FTN (Failure to Notify).
An employee who fails to follow the Absentee Notification Procedure shall be subject to a
disciplinary sanction, whether they report to work or not for that particular day.
Any absence by an employee shall generally be counted as a point and shall contribute
to his/her total number of occurrence points.
Conforme:
TRAINING AGREEMENT
Amazon Voice
Objective:
To complete four (4) days of New Hire Quality Enhancement and Skills Training (QuEST) and meet training
expectations required in order to be endorsed to Product Specific Training (PST).
Goal:
At the end of New Hire QuEST period, Trainee should be able to achieve target goals.
Attendance Policy:
During New Hire QuEST, tardiness or undertime is cumulative and should not go beyond forty-five (45) minutes. An
employee who exceeds forty-five (45) minutes will be removed from training. A single incidence of absence shall
constitute outright disqualification from the training program.
The policy also includes, but is not limited to, attendance in a virtual training environment wherein a stable and
consistent internet connection is required. The cumulative number of minutes that the trainee is not connected to
the virtual training environment due to intermittent internet service and similar reasons would be counted against the
minimum allowable absences and tardiness based on the training policy.
Process of Evaluation:
The trainee will go through four (4) days of New Hire QuEST, and will need to accumulate a total of thirty-two (32)
training hours within the schedule provided. The Trainee’s performance will be monitored to identify whether a trainee
should be endorsed to Product Specific Training. This includes meeting the overall passing score of 3.5 in New Hire
QuEST.
PERFORMANCE
Metric Weight
Spoken Language Proficienct Grid 3.5
If the trainee qualifies based on the above guidelines, he/she will be endorsed to Product Specific Training.
If the trainee does not meet the above qualifier violating and exceeding the minimum allowable absences and
tardiness based on the training policy, he/she will be removed from the Program.
Conforme: