Employment Contract [PDF]

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EMPLOYMENT CONTRACT This Contract of Employment (the “CONTRACT”) is entered into this ___ day of ________ 2018, by and between: ___________, of legal age, Filipino, single, with residential address at ________________________________________ (the “EMPLOYER”); - and _____________________________, of legal age, Filipino, single/married, with residential address at ________________________________________ (the “EMPLOYEE”). The Employer and Employee are collectively referred to as “PARTIES”, and individually referred to as “PARTY” to this Contract. WITNESSETH THAT: A. The Employer is the owner of Popo's Café and Restaurant located at Bulanao, Tabuk City, Kalinga; and B. The Employee has represented himself/herself to the Employer to be qualified for the position indicated below and desires to be employed by the Employer during the term of Employment and under the terms and conditions of this Contract. NOW, THEREFORE, for and in consideration of the foregoing premises, the Parties hereby agree as follows: 1. JOB TITLE AND DESCRIPTION The Employee is hereby hired for the position of ________ (the “EMPLOYMENT”). A more specific description of the duties, responsibilities and work hours of the Employee is outlined in Annex “A” and made an integral part of this Contract. The description of the duties, responsibilities and work hours of the Employee may change according to the needs of the Employer. Any change will also form an integral part of this Contract as if agreed upon at the time of the execution of this Contract. 2. PROBATIONARY PERIOD Notwithstanding the preceding section, the Employee is first employed on a probationary status for a period of six (6) months from the date of this Contract subject to the terms and conditions of this Contract (the “PROBATIONARY PERIOD”) unless sooner terminated by the Employer. This employment is subject to the standards for regularization, which the Employee hereby acknowledges to be aware of. These standards for regularization are outlined in Annex “B” and are made an integral part of this Contract. The Employee also agrees to be governed by other rules and regulations, requirements as well as policies to be issued by the Employer. 3. PROBATIONARY EVALUATION The Employer will evaluate on a monthly basis the Employee’s performance during the Probationary Period. The Evaluation will be made by the Employer himself or such other representative/s appointed by the Employer. The evaluation of the Employee may or may not be made in writing. The employee hereby agrees that it is the prerogative of the Employer to evaluate monthly her/his performance and decide whether s/he is qualified to continue as an Employee after each monthly performance evaluation. If the Employee fails to meet the standards set forth by the Employer, then the Employer may terminate this Contract by giving the Employee notice within a reasonable period before the effective date of the termination. 4. COMPENSATION AND OTHER BENEFITS The Employee will be paid a basic monthly wage of _____________________________ (PHP_______). The Employee’s salary shall be paid in cash, from which shall be deducted by the Employer to the extent applicable, the Employee’s social security contributions, withholding taxes and other mandatory or agreed deductions. The Employee shall be responsible for the filing and payment of his/her Philippine income taxes.



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Notwithstanding any contrary provision contained in this Contract, it is hereby expressly agreed that any bonus, premium, commission, gratuity or other payment by the Employer to the Employee in excess of the amounts specified in this section shall not be considered salary which the Employee is contractually entitled to, but as a gratuity which the Employer reserves the right to discontinue, modify or revise at any time at its sole discretion. The compensation package mentioned in this section shall represent all that is due and demandable under this Contract. Notwithstanding incidents when Employer granted benefits, bonuses or allowances other than those defined in this Contract, such incidents are not to be considered as an established practice nor precedent and shall not form part of the benefits, bonuses and allowances due and demandable under this Contract. 5. ANNUAL LEAVE Upon regularization and after completion of one (1) year of service, the Employee will be entitled to five (5) days of service incentive leave with pay per calendar year of service. Unused service incentive leave of employee in excess of five (5) days cannot be converted to its cash equivalent. 6. ASSIGNMENT OF TASKS Upon signing of this Contract, the Employee recognizes the right and prerogative of the Employer to, without limitation, re-assign and transfer the Employee to perform such other tasks within the business as he may deem necessary and beneficial to his business operations. 7. CONDUCT OF DISCIPLINE All existing as well as future rules and regulations, requirements and policies issued by the Employer are hereby deemed incorporated with this Contract. The Employee recognizes that by signing this Contract, s/he shall be bound by all such rules and regulations, requirements and policies that Employer may issue from time to time. 8. DISCIPLINARY MEASURES Upon signing of this Contract, Employee hereby recognizes the right of Employer to impose disciplinary measures, actions or sanctions, which may include, but are not limited to, termination of employment, suspension/s, fine/s, salary deduction/s, allowance reduction/s, withdrawal of benefits, loss of privileges, for any and all infraction, act or omission, irrespective of whether such infraction, act or omission constitutes a ground for termination or suspension. 9. BUSINESS CODE OF CONDUCT Upon signing of this Contract, the Employee agrees to terminate all other business relationships or concerns that s/he may be personally involved with. The Employee acknowledges being aware of the Code of Business Conduct of the Employer and all rules and regulations, requirements and policies issued by the Employer concerning the employment of the Employee with it. The Employee acknowledges that it is her/his duty and responsibility to be aware of the Code of Conduct of the Employer as well as the rules and regulations, requirements and policies regarding her/his employment and to fully comply with all these in good faith. 10. GROUNDS FOR TERMINATION OF REGULAR EMPLOYEES Aside from the just and authorized causes for the termination of employment enumerated in the Labor Code of the Philippines, as amended, the following acts and/or omissions of a regular Employee shall, without limitation, similarly constitute just and authorized grounds for the termination of employment by Employer and/or grounds for the Employer to impose disciplinary measures on the regular Employee: a. Intentional or unintentional violation of the policies, requirements, rules and regulations of the Employer; b. Commission of an act which causes loss of confidence on the part of the Employer with regard to the Employee’s ability to satisfactorily perform the duties and requirements of her/his employment; c. Serious misuse or abuse of the Employer’s property, facilities and/or resources; d. Commission of an act which may constitute a crime or offense against management, a supervisor, co-employee or the Employer himself;



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e. Failure to attain a satisfactory grade in two (2) consecutive performance evaluations made by the Employer; f. Intentional or unintentional disregard of the disciplinary measures or sanctions imposed by the Employer; g. Directly or indirectly participating, engaging and/or entering into personal business arrangement involving products and/or services of Employer or products and/or services of the competitors of the Employer; h. Intentional or unintentional violation or breach of confidentiality of information belonging to the Employer; i. Failure to meet the standards for regularization; and j. Other similar acts, omissions, and/or event. This Contract may be terminated by the Employer for any of the foregoing grounds by serving the regular Employee concerned a notice of its intention to terminate her/his employment and the particular acts or omission constituting the ground for his/her dismissal. The regular Employee may answer the charges against her/him within seventy-two (72) hours from receipt of such notice. If the regular Employee refuses to acknowledge receipt of the notice, service on the said regular Employee is completed by giving her/him a copy of the notice and stating that s/he refused to receive the notice when served. The Employer shall afford the regular Employee a hearing or conference where said regular Employee may defend herself/himself. After giving the regular Employee an opportunity to be heard and defend himself/herself, Employer shall serve Employee a notice of its decision to terminate her/his employment. In the event that the regular Employee wishes to terminate this Contract for any reason, s/he must give thirty (30) days written notice to the Employer prior to the effective date of termination. Upon termination of this Employment, the Employee shall promptly account for, return, and deliver to the Employer all company property that may have been assigned or entrusted to her/his care or custody. Should the Employee have unpaid or pending obligations to the Employer, monetary or otherwise, upon termination of employment for any reason or cause, the Employee hereby expressly agrees and authorizes the Employer to make necessary deductions from the salary, bonuses, or other benefits that may be due to the Employee to effect settlement or payment of her/his unpaid or pending obligations. This is without prejudice to the right of the Employer to effect settlement or payment of the obligations of the Employee through other legal means and remedies should the due salary, bonuses or benefits of the Employee be insufficient to cover her/his unpaid or pending obligations. 11. CONFIDENTIALITY It is the responsibility of the Employee to ensure that no information gained by virtue of her/his employment with the Employer is disclosed to outsiders unless the disclosure is for necessary business purposes and pursuant to properly approved and written agreements. Confidential or proprietary information of others should not be accepted by the Employee on behalf of the Employer unless it is necessary and pursuant to the same sort of written agreement. “Confidential Information” is any information belonging to the Employer that could be used by people outside the Employer or to the detriment of the Employer. Appropriate steps should be taken by the Employee in handling all business information of the Employer in order to minimize the possibility of unauthorized disclosure. 12. RESTRICTIVE COVENANT During the term of this Contract, the Employee shall devote her/his best efforts and her/his full/entire time to advance the interests of the Employer, and s/he shall not, directly or indirectly be engaged in or be concerned with any other commercial duties or pursuits whatsoever especially those that are in conflict or in competition with the business of the Employer.



13. ENTIRE AGREEMENT



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This Contract represents the entire agreement between the Employer and the Employee and supersedes all previous verbal or written communications, representations or agreements between the Parties. 14. LIQUIDATED DAMAGES CLAUSE In case of a breach of any of the undertakings set forth in this Contract, the Employee shall owe to the Employer, without any summons nor notice of default nor court decree being required, liquidated damages equal to the total remuneration paid by the Employer to the Employee during the last six (6) months of the Employee’s employment with the Employer, plus attorney’s fees, costs of suit/litigation, all fees for legal counsel and any other related expenses, and without prejudice to the right of Employer to prove a higher damage/s, and to obtain the cessation of the damage and compensation by any other legal means and remedies. IN WITNESS WHEREOF, the Parties have executed this Contract as of the date first mentioned.



______________________________ GLENN JAMES MOLINTAS Owner and Manager



______________________________ Employee



SIGNED IN THE PRESENCE OF ______________________________



______________________________



ACKNOWLEDGMENT



REPUBLIC OF THE PHILIPPINES ) ____________________________) S.S.



Before me, a notary public for and in the abovementioned city on this ___ day of _______________ 2018, the following personally appeared with their competent evidence of identity, to wit: Name



ID



Issued on/at



GLENN JAMES MOLINTAS



known to me and by me known to be the same persons who executed this Employment Contract consisting of ________ (____) pages including this Acknowledgement Page and its Annexes, and acknowledged to me that the same is their free and voluntary act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal on the date and at the place above written. Notary Public



Doc. No. ____;
 Page No. ____; Book No. ____;
 Series of 2018.








ANNEX “A” JOB DESCRIPTION AND RESPONSIBILITIES



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Normal working hours:



________________________ ________________________



RESPONSIBILITIES AND DUTIES: 1. Abide by and perform to the best of her/his abilities all functions, duties and responsibilities to be assigned by the Employer in due course; 2. Comply with the rules and regulations, code of conduct, requirements and policies, orders and instructions given from time to time by the Employer through its authorized representative/s; 3. Will not disclose any confidential information in respect of the affairs of the Employer to any unauthorized person; 4. Perform any other additional duties as assigned by the Employer or his representative/s from time to time either through direct written order or by verbal assignment.



ANNEX “B” STANDARDS FOR REGULAR EMPLOYMENT



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ATTENDANCE AND PUNCTUALITY  The Employee must be able to strictly observe scheduled workdays, work hours and break periods. Employee must be able to report to work regularly and on time. Frequent absences, tardiness or undertiming is strictly prohibited. JOB COMPETENCE  The Employee must prove her/his knowledge and understanding of the nature, details and demands of the job. Employee must be able to demonstrate ease in learning the rudiments of her/his job and in understanding instructions, rules and regulations, requirements and policies. WORK QUALITY  The Employee must be able to prove to the satisfaction of the Employer advance skills, initiative and competence in the duties and responsibilities detailed and listed in her/his Contract of Employment. ATTITUDE  The Employee must demonstrate sincere interest and enthusiasm in her/his job. The Employee must show a positive outlook towards the Employer’s business, activities, beliefs and concerns. The Employee must show willingness to learn and to overcome job difficulties. The Employee must be able to perform her/his job with a positive attitude even while working under pressure/stress. This includes having the quality of initiative, responsibility and foresight. DISCIPLINE  The Employee must be able to comply with the rules and regulations, requirements, protocol, company policies and practices of the Employer. The Employee must be able to show maturity in accepting criticisms and remarks regarding her/his work and attitude. ATTITUDE TOWARDS SUPERIORS AND CO-EMPLOYEES/WORKERS  The Employee must be able to show respect to her/his superiors, co-employees/workers and others in general. The Employee must be able to work well with others. This includes the ability to cooperate and to work as part of a team. EXTERNAL APPEARANCE  The Employee must keep herself/himself neat, presentable and well-groomed at all times. The Employee must carry herself/himself in a dignified and respectful manner. Note: Employer may impose additional/other conditions for regular employment.



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