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461209409-CONTRACT-OF-EMPLOYMENT-SAMPLE-PHILIPPINES

This document is a Contract of Employment between a company and an employee, outlining the terms of employment including position, compensation, benefits, and responsibilities. The employee will start on a probationary basis for six months, with potential regularization based on performance. It also includes clauses on confidentiality, non-competition, and termination rights.

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Jose Ignatius D. Perez
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8 views5 pages

461209409-CONTRACT-OF-EMPLOYMENT-SAMPLE-PHILIPPINES

This document is a Contract of Employment between a company and an employee, outlining the terms of employment including position, compensation, benefits, and responsibilities. The employee will start on a probationary basis for six months, with potential regularization based on performance. It also includes clauses on confidentiality, non-competition, and termination rights.

Uploaded by

Jose Ignatius D. Perez
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 EMPLOYMENT

KNOW ALL MEN BY THESE PRESENTS:

This Contract of Employment is executed this (insert date) at Quezon City,


Philippines by and between:

COMPANY NAME, a corporation duly organized and existing in


accordance with the laws of the Republic of the Philippines, with principal
office at _________________________________, Quezon City, Philippines,
represented in this act by its President,
__________________________________, hereinafter referred to as the
EMPLOYER;

-AND-

(state name of employee), of legal age, Filipino and a resident of (state


address), herein referred to as the EMPLOYEE.

WITNESSETH: THAT –

WHEREAS, the Employer is engaged in Business Process Outsourcing


(BPO);

WHEREAS, Employee manifests and guarantees that he/she possesses


the requisite qualities and competencies needed by the Employer in the
conduct and course of its business;

NOW THEREFORE, the parties hereby agree as follows:

POSITION

Employee is hereby appointed as ___________________ under


probationary status for a period of six (6) months reckoned from the first day
of actual work.

COMPENSATION

Employee will receive a gross basic monthly rate of


PHP__________________, subject to withholding tax, SSS Premiums, HMDF
(Pag-ibig contributions), Philhealth dues and other government-required
deductions. In addition, EMPLOYER will pay the mandatory 13th month salary
at the end of each calendar year and EMPLOYER may at its discretion
provide performance bonuses. Annual and incremental salary adjustments
and merit increases may be effected on a case to case basis and upon the
recommendation of the immediate manager and upon approval of
management.

PAGE \* MERGEFORMAT 1
REGULARIZATION OF EMPLOYMENT

By the end of the six-month probationary period, depending on the


recommendations of the immediate supervisor/manager, Employee will
become a regular employee of the company entitled to all company benefits
and privileges enjoyed by regular employees;

VACATION AND BENEFITS

Upon regularization, Employee will be entitled to seven (7) days vacation


and seven (7) days sick leave for each year of actual employment, Employee
is expected to accrue leaves before he can apply for it. Since leave credits are
not convertible to cash, Employee is strongly encouraged to use all leave
credits earned during the calendar.

Employee shall be entitled to five (5) days Service Incentive Leave after
rendering at least one (1) of rendering service with the company.

Other leaves such us Maternity Leave, Paternity and Solo Parent’s Leave
can be availed of the Employee subject to the submission of the documents
as may be provided for by law.

DUTIES AND RESPONSIBILITIES

Employee shall perform the duties and responsibilities that his/her position
or job necessarily entails, as may be contained in his/her job description or as
may be reasonably assigned to him/her by the company from time to time.
The specific duties and responsibilities of the Employee are contained in the
corresponding Scope of Work and Job Description, which herein Employee
acknowledges to have read and understood as a condition for his/her
regularization and entitlement to other benefits and promotion.

Employee is obliged to perform his/her duties loyally, independently and


industriously to help meet the goals and objectives of the Company and is
expected to carry out these responsibilities to the best of his/her knowledge
and abilities in order to protect and advance the interests of the Company, its
principals, and its employees.

PLACE OF WORK

Employee’s primary place of work will be Quezon City, Philippines.


Employee agrees that Employer may transfer him to any other location as
may be required by the exigencies of the business, the organizational
requirements of the company and the responsibilities of Employee’s position.

HOURS OF WORK

Employee shall render a minimum of eight (8) hours of work per day and
report for work at least five (5) days per week. It is understood that Employee
is being employed with a level of confidence and degree of responsibility that

PAGE \* MERGEFORMAT 1
may further require him/her to render work beyond normal business hours for
which Employee may be justly remunerated.

OVERTIME WORK

In case the demands of business or the company would require Employee


to work more than his/her regular work schedule, he/she may be required to
render overtime work and shall be entitled to overtime pay as provided by law.
Overtime work is not compensable for managerial employees unless
otherwise declared by management.

DECORUM

Employee shall observe and comply with all company rules and
regulations written or otherwise. Employee shall devote his/her entire working
time to the Employer and shall have no direct or indirect interest in any firm or
entity, whether for profit or not, directly in competition with or offering the
same services as Employer nor shall Employee take any interest that is
conflicting or inimical to Employer.

NON-COMPETITION AFTER EMPLOYMENT

In the event Employee is separated or terminated from employment for


whatever reason, he/she shall not seek employment in a local or foreign firm
doing business in the Philippines nor establish or set up a business offering
similar services for a period of one (1) year from date of separation or
termination, without the prior notice to Employer.

INTELLECTUAL PROPERTY

The Company shall be entitled to sole ownership of any intellectual


property rights including but not limited to software programs, hardware
specifications and other property rights created, developed and discovered by
Employee while in the course of his/her employment with the Company,
including all registrations for the same.

NON-DISCLOSURE

Employee acknowledges and confirms that this contract must remain


confidential. Except as may be legally required by competent authority or
applicable statutes, the parties hereto shall not make any unauthorized
disclosures of the terms and conditions embodied in this contract.

CONFIDENTIALITY

In order to safeguard the Company’s interest and the confidentiality of its


business and affairs, Employee agrees that during the term of his/her
employment and from and after the actual cessation of his/her employment
he/she shall maintain strict confidentiality and shall not disclose any technical,

PAGE \* MERGEFORMAT 1
business, financial or commercial information, methods, processes, inventions
(whether covered by intellectual property protection or not or whether marked
confidential or not) including but not limited to: customers. customer lists or
requirements, price lists, pricing structures, marketing and sales information,
business plans or dealings, employees or officers, financial information,
product lines, research activities, plans, designs and formula, whether
authored by employee or otherwise.

Failure to comply with this confidentiality undertaking shall be construed


and considered as gross Misconduct and shall be deemed a ground for the
termination of his/her employment.

UNDERTAKING

Employee shall work exclusively for the benefit of the company. Employee
warrants that he/she shall comply with all his undertakings and obligations set
forth in this Contract and shall indemnify Employer of any actual losses,
damages, costs and expenses, including attorneys’ fees incurred as a result
of the breach of this Agreement or his/her willful act, omission, fraud or
negligence.

TERMINATION

Employer reserves the right to terminate or cancel this Contract after


observing due process for just or valid causes. Termination may be due to
any but not necessarily limited to the following:

1. Inefficiency;
2. Incompetence;
3. Tardiness;
4. Insubordination;
5. Breach of confidentiality and non-disclosure
6. Violation of company’s intellectual property rights
7. Just and authorized causes enumerated in Article 282. 283. And 284 of
the labor code;
8. Other causes provided in the Company Rules and Regulations; and
9. Other analogous causes.

ACCEPTANCE OF TERMS AND CONDITIONS OF EMPLOYMENT

Employee’s affixing of his signature on the herein Employment contract


means that:

Employee has read and fully understood the terms and conditions hereof
and accepts the same; and

The terms and conditions for the regularization of his employment have
been clearly communicated to and accepted by him/her at the time of his
engagement.

PAGE \* MERGEFORMAT 1
IN WITNESS WHEREOF, we hereunto affix our signatures on the date
and at the place first above written.

_____________ ______________________
Employer Employee

By:

MILTON YOUNG
President

Signed in the presence of:

_____________________ _____________________

ACKNOWLEDGMENT

Republic of the Philippines)


Quezon City ) SS.

BEFORE ME, a Notary Public for and in Quezon City, Philippines, this
______________________ personally appeared the following persons
whose identities I have confirmed through competent evidence of identity
bearing their pictures and signatures as described below:

NAME I.D. NUMBER ISSUED BY/EXPIRY DATE


__________ _______________ _______________________

all known to me to be the same persons who executed the foregoing


instrument consisting of five (5) pages including this page where the
Acknowledgment is written and they acknowledged to me that the same is
their free and voluntary act and deed as well as that of the entities that they
respectively represent.

WITHNESS MY HAND AND SEAL at the place and on the date first-
above written.

NOTARY PUBLIC

Doc. No. _______;


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

PAGE \* MERGEFORMAT 1

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