CONTRACT OF EMPLOYMENT

KNOW ALL MEN BY THESE PRESENTS:

This Agreement is executed this ___ day of __________
__________________________________Philippines, by and between:

at

The ____________________________________,
a corporation duly organized and existing under the
laws of the Republic of the Philippines, represented
in this act by its herein representative
_______________________, duly authorized by
the Board of Trustees, with office address at
__________________________hereinafter
referred to as the EMPLOYER
-andJOHN DOE, hereinafter referred to as the
EMPLOYEE, with residential address at #0061,
_________________________________________

WITNESSETH: That
WHEREAS, the Employee voluntarily accepts the offer of the employer to be
trained
for
the
________________training
workshop
in
the
____________________starting on ______to ________.
WHEREAS, the Employees expenses incurred during his training like board and
lodging and travelling expenses will be shouldered by the employer;
WHEREAS, the Employee agrees and accept the employers offer to be
employed as ________________after such training.
WHEREAS, the Employee fully understands, agrees, and accepts the
Employers proposal and terms and conditions stipulated herein;
NOW THEREFORE, for and in consideration of the foregoing and of the mutual
covenants and undertakings hereinafter set out, the parties agree as follows:
1.

DATE OF COMMENCEMENT

1.1
Your employment as medical technologist will commence on the opening
of operations of _______________________________on ________________.
2.

JOB SUMMARY
2.1
The Employee shall be responsible for rendering services as a
_______________, and as required by the Employer and its affiliates. When
necessary, the Employee may be seconded to concentrate on other relevant and
related tasks of the Employer or any member of the group, consistent with group
and company policies, without any right to demand for additional compensation
or benefits.
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3.

SPECIFIC RESPONSIBILITIES
3.1 In addition to general nursing care, responsibilities of a Dialysis Nurse
include (but are not limited to):
3.2
a. To provide direct care to patients undergoing dialysis based on the
rules and regulations established by the DOH and approved by
company policies and procedures;
b. To check and prepare all materials needed and ensure it is available
before the start of dialysis;
c. To read and carry out doctors orders and ensure that dialysis is
performed accordingly;
d. To assess patient using the nursing process before, during and after
dialysis;
e. To assess, inspect, regulate and monitor all machine settings and
parameters;
f. To prepare patients access using the required standards for
arteriovenous fistula and external access preparation;
g. To communicate with the doctor regarding identified patient related
problems and initiate interventions for the same;
h. To administer medications as ordered and properly document the
same;
i. To perform, monitor and record pre-, intra- and post dialysis treatment
vitals signs;
j. To initiate/ perform cardiopulmonary resuscitation (CPR) in the event of
cardiac and/or pulmonary arrest and see to it that all activities are
supervised, organized and documented;
k. To update the patients record during and after every dialysis session;
l. To protect patients from accidents, hazards and potential infections;
m. To regular do inventories of e-cart medicines and ward stocks at the
end of every shift;
n. To observe the line of communication and applies appropriate
communication techniques in reporting, recording and relaying
information or data;
o. To provide information and health education to patients and significant
others regarding the plan of care;
p. To help/assist other nurses in the ICU, ER/OPD, OR/DR and Ward if
the need arises in the event there is no dialysis patient to attend to;

q. To supervise and perform administrative functions as may be assigned

by the chief nurse and/or immediate superior; and
r. To perform other related duties as assigned by the chief nurse and/or
immediate superior.
4.

IMMEDIATE SUPERIOR
4.1
You shall directly report to the chief nurse and/ or head of the
dialysis unit (Nephrologist)

5.

SALARY & TERM OF CONTRACT

5.1
Your starting basic salary will be ______________________/-per month
______________
5.2
Except those required by law, any bonus or declarations of bonus shall be
made at the sole and absolute discretion of the company. In determining the
amount of bonus, the Company shall consider your work performance, amongst
other factors.
5.3
Your performance will be reviewed from time to time and the Employer /
Company shall make adjustments upwards to your salary as it sees fit.

5.4
The Company shall deduct from your salary and bonus all such sums it is
authorized to deduct under the Laws of Philippines, whether for employees share of
SSS, PAG-IBIG, WITHOLDING TAX, or otherwise those similar thereto.
5.5
The term of this contract shall be for a period of _______________from the
signing of this contract.
6.

WORKING HOURS
6.1
The employee shall report for work for five (5) days a week, eight (8)
hours a day in any of the following shifts ______________.;
__________________; and __________________.
6.2
You may be required to work beyond the normal working hours to
discharge your duties at the sole discretion of the Company.
6.3
The Employer / company reserves the right, at its sole discretion, to
revise, amend or extend the working hours should the need arise.

7.

TERMINATIONS AND NOTICE

7.1
The Employer / Company has the right to terminate the employees
services if the employee is found guilty of misdemeanor, misconduct,
negligence or breach of any of the terms of this agreement, or those
analogous cases thereto.
7.2
Upon the termination of Employment, the employee shall return to the
Employer / Company all documents, records, items and materials in
possession or custody belonging to the Employer / and Company or its clients
and shall not retain any copies or materials thereof.
7.3
Notice of administrative hearings for disciplinary actions, termination of
employment, or those similar thereto shall be in writing and served to the
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employee via registered or personal mail at the employees registered

address. The same shall constitute valid and legal notice to the employee
regardless if actually received by the same.
7.4
During your notice period, the employee shall return all documents and
materials relating to the employees work and ensure a smooth transition of
duties and responsibilities. If the employee fails to complete the handover
during the notice period, the Employer / Company shall be entitled to
liquidate damages from employee as stipulated herein, without prejudice to
other damages that may be claimed by the Employer.
8.

CONFIDENTIALITY
8.1
The employee shall not disclose to any third party any confidential
information obtained during your course of employment unless expressly
authorized by the Company.
8.2
Confidential information for the purposes of this contract includes and is
not limited to trade secrets, business plans, strategies and financial information
and any other information that will affect the Companys competitive position.
8.3
The employees obligation to maintain confidentiality and secrecy shall
apply after employees employment and until such time that the information is
no longer confidential or has been made public by the Employer / Company.
8.4
The employee shall not without prior written consent of the Employer /
Company destroys, make copies, duplicate or reproduce in any form the
Companys confidential information.
8.5
Violations of the above agreement by the employee shall likewise entitle to
the Employer to liquidated damages stipulated herein.

9.

DEFAULT OR BREACH
9.1
Breach of any and / or all of the provisions contained herein and / or
delays in the performance of the obligations by the employee or failure to comply
with Article 2851 of the Labor Code of the Philippines shall entitle the Employer to
liquidated damages.
The Employer, apart from any other kind of damages it may be entitled under the
law, shall be entitled to liquidated damages in the amount of
_________________________.
Should the Employer engage the services of counsel to protect and enforce its
rights and interests under this Agreement, the employee shall also be liable for
twenty percent (20%) attorneys fees and shall bear the costs of suit.
9.2
Should the Employee pre-terminate this contract, IN ADDITION, to the
stipulated liquidated damages, the Employee shall reimbursed all cost and
expenses made by the Employer to the Employee for the Employees special
training and schooling for this engagement.

10.

NOTICES
10.1 Except as otherwise provided in this Agreement, all notices given under
this Agreement shall be in writing, and shall be sent either by personal service or
registered mail to the parties at their respective addresses above given.

11.

ENTIRE AGREEMENT
11.1 This Agreement constitutes and embodies the entire and complete
agreement between the parties and no other terms and conditions, verbal or
otherwise, not herein expressly contained, shall change, modify, be added to, or
in any manner alter the provisions herein agreed upon unless such change,
modification, addition or alteration is embodied in a written agreement duly
signed by the parties and duly notarized.

12.

NON-WAIVER
12.1 Any failure of either party to demand compliance with any of the terms and
conditions of this Agreement shall not be considered a waiver by the contracting
party for the enforcement of this Agreement nor shall it relieve the other party of
any of its obligations stipulated herein.
12.2 Any waiver by either party of any term or condition herein provided shall
not affect the right of the other party to require the performance hereof. Any
waiver by either party of any part or provision of this Agreement or the breach
hereof in any one or more instances shall not be construed as a continuing
waiver of such term or provision or as a succeeding breach thereof.

13.

AMENDMENT
13.1 This Agreement may be amended, modified, superseded, or cancelled,
and any term or provision hereof may be waived, provided that it shall only be in
writing executed by both contracting parties or, in the case of waiver, by the party
waiving compliance hereof.

14.

SEVERANCE
14.1 All of the clauses of this Agreement are distinct and severable, and if any
clause shall be deemed illegal, void, or unenforceable, it shall not affect the
validity, legality, or enforceability of the other clause or portions of this
Agreement.

15.

NON-COMPETITION CLAUSE
15.1 The employee agrees to refrain from a period of one (1) year after the
termination of the employment with the employer and its affiliates from engaging
in an activity which in prejudicial to the interest of the Employer, its affiliates, or
from joining a direct competitor of the Employer / Company. Should the
employee violate this provision, the Group serves it's right to initiate the
necessary legal actions against you, including the procurement of the necessary
restraining orders and injunctions, in addition to other available legal remedies
and damages.

16.

MISCELLANEOUS PROVISIONS
16.1 All covenants and agreements herein contained shall insure to the benefit
of both parties and shall bind their respective personal representatives, assigns,
heirs, and successors-in-interest.
16.2 Section headings are for convenient reference only and shall not affect the
meaning or have any bearing in the interpretation of any provision of this
Agreement.

17.

GOVERNING LAW
17.1 This Agreement shall be governed by and construed in accordance with
the Philippine Law.

IN WITNESS HEREOF, the parties hereunto affix their signature this

____________ day of____________________ 2016.

___________________________________
Employer
JOHN DOE
Employee
Signed in the Presence of:
__________________________

___________________________

ACKNOWLEDGMENT
Republic of the Philippines
)
City of ____________________) S.S.
BEFORE ME, a Notary Public in and for the City of _______________________
_____________________, this _____ day of __________________, personally
appeared:
NAME

EVIDENCE OF IDENTITY

1. ____________________________
2. _____________________________
3. _____________________________
who is personally known to me to be the same person who executed and voluntarily
signed the foregoing Agreement which they acknowledged before me as their free and
voluntary act and deed.
The foregoing Agreement consisting of ______ pages including the page on
which this acknowledgment is written, has been signed on the left margin of each and
every page by the party(ies) and the witness(es).
WITNESS MY HAND AND SEAL, this ___ day of _____________in the City of
___________________.
Doc. No._______;
Book No._______;
Page No._______;
Series of 2016.

1 ARTICLE 285. Termination by employee. (a) An employee may terminate without just cause the
employee-employer relationship by serving a written notice on the employer at least one (1) month in advance.
The employer upon whom no such notice was served may hold the employee liable for damages. X x x