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CONTRACT OF EMPLOYMENT

This Employment Contract (“Contract”) is entered into this ___ day of __________ 2018 at
Quezon City, Philippines, by and between:

(COMPANY), a corporation duly organized and existing under and by virtue of the laws
of the Republic of the Philippines, with business address at
_______________________________, duly represented in this instance by its Human
Resource Manager, ____________________, shall herein referred to as “COMPANY”;

- and –

NAME OF EMPLOYEE, of legal age, Filipino, and a resident of Residential Address


of Employee, shall herein referred to as "EMPLOYEE";

Each shall be referred to as a “Party” and collectively as “Parties”.

WITNESSETH:

WHEREAS, the Company is engaged in _____________________________________

WHEREAS, on the basis of the Employee’s representations and warranties, Company has agreed
to engage the Employee to serve as Manager and Employee hereby accepts such engagement with the
Company under the terms and conditions set forth hereunder and agrees to devote all his time, energy and
ability to the interests of the Company, and to perform his duties in an efficient, trustworthy and business-
like manner.

NOW THEREFORE, in consideration of the foregoing and the mutual promises and covenants
herein contained, it is agreed as follows:

I. JOB TITLE AND DESCRIPTION

Company hereby employs Employee as Manager of _______ Department. Subject at all times to
the direction of the Chief Executive Officer (the “CEO”), Employee shall have direct responsibility over
(marketing, retail, operations or corporate) strategy, collaboration of other departments and negotiation of
business development and partner relationships. Employee will also perform other services and duties as
the Board of Directors of the Company shall determine. Manager’s responsibilities shall include, but are
not limited to, day-to-day leadership, direct work supervision of all personnel in his Department, and
attending meetings.

Manager shall confer with the CEO, Directors and other Officers of the Company, regarding ideas
and proposals with respect to the overall operations, administrative and technological direction of the
Company. As Manager, he shall promote and support the plans, programs and policies of the Management.
Furthermore, Manager shall commit in protecting the interests and prerogatives of the Management.

The Company may, in its sole discretion, increase or reduce the duties, or modify the title and job
description, of the Employee from time to time, and any such increase, reduction or modification shall not
be deemed a termination of this Contract.

II. TERM

Manager’s employment shall commence on ______________________ and is employed on


PROBATIONARY STATUS for a period of six (6) months. Manager shall work for a period of eight (8)
hours per day from Monday to Friday and four (4) hours on Saturday. In case of unusual volume of work,
Company may require the Manager to work on Sundays. Company shall prescribe the work schedule, and
it reserves the right to change the schedule as it may deem necessary to meet operational requirements.

Manager’s primary place of work shall be at _________________. Manager agrees that Company
may change the former’s assignment from one job to another, from one section or department to another,
location and/or branch to another as may be required by the exigencies of the business, the organizational
requirements of the Company and the responsibilities of the position, without diminution of salary and
rank. Manager may be required to travel from time to time.

This Employment is subject to Performance Evaluation, which Employee hereby acknowledges to


have received and is aware of. The Standards of Regularization are herein defined in succeeding provisions.
Manager has been supplied and acknowledges to have read and understood the Employee Handbook’s
terms and conditions for probationary and regular employment. Should there exists any justifiable
cause/violation of the Company Rules and Regulations as well as the Code of Discipline, Manager’s services
may be terminated at anytime before the expiration of the probationary period subject to proper notification
and due process.

III. PROBATIONARY EVALUATION

Manager shall be evaluated by the Chief Executive Officer and Directors to determine if Manager
meets the standards to become a regular employee.

The Standards of Regularization, which are made known to Manager, shall be the following:

 Knowledge of Work
 Efficiency
 Productivity
 Quality of Work
 Initiative
 Attitude towards subordinates and colleagues
 Attendance
 Professionalism
 Honesty
 Trustworthiness
 Loyalty

Prior to the expiration of the Manager’s probationary employment, he shall be notified in writing
on the third and fifth month.

IV. REMUNERATION, DEDUCTIONS AND EXPENSE REIMBURSEMENT

Manager shall receive initial monthly salary of One Thousand Pesos (Php1,000.00) to be paid on
the 15th and 30th/31st of each month, subject to applicable withholding tax, SSS, Pag-ibig, PhilHealth
contributions, and other government-required deductions. Such rate does not include payment for work
rendered during rest day and holidays, which shall be paid separately as incurred.
It is hereby agreed, and the Manager hereby acknowledges, that during the period of probationary
employment, he shall not be entitled to the compensation and benefits extended by the Company to its
regular employees EXCEPT those herein aforestated and such benefits granted by law.

Notwithstanding incidents when the Company granted benefits, bonuses or allowance other than
those defined in this Contract, such incidents are not to be considered as an established practice or
precedent and shall not form part of the benefits, bonuses and allowances due and demandable under this
Contract of Employment.
Manager may be required to make personal expenditures while conducting Company business.
This policy will define procedures to ensure that expense reimbursements meet accounting and tax
guidelines and are reimbursable in accordance with Company guidelines.

Travel advances are generally not permitted, and will, in any event, only be issued for extended
trips if approved by the CEO. Approved advances will be deducted from the Employee Reimbursement
Invoice and the Manager must promptly reimburse the Company if expenses incurred do not exceed the
amount of the advance after the trip is completed. Unless specifically approved in writing by the CEO, no
advance will be outstanding for more than thirty (30) days after the completion of the trip necessitating the
expense advance.

Meals for Manager in the city of their assignment are not reimbursed unless they are a part of an
approved business meal with an outside client or customer, or otherwise pre-approved by the CEO.
Employee Reimbursement Form must be submitted for reimbursement of all travel, meal or other business-
related expenditures supported with original receipts and/or acknowledgments.

V. COMPANY MOBILE PHONE AND CAR

Manager shall be issued company car as to be determined by the CEO. Manager must possess a
current valid driver’s license and be proficient in the use of such vehicle. All operators of motorized vehicles
shall abide by all the applicable law and Rules of Road.

Manager shall make periodic inspections to insure the car’s safe operation and condition. Upon
discovery, shall notify the CEO of any and all hazardous conditions that could or would result in personal
injury or property damage. Any conditions that would require immediate repair should be reported to the
CEO as soon as possible. Any damage and repair expenses caused other than work-related trips shall be
shouldered by the Manager.

Manager will be issued company mobile phone with simcard to be used exclusively to business-
related transactions. It is prohibited to use it for personal calls, text messaging, and internet browsing.
Company reserves the right to check and verify with the telecommunications network if internet and mobile
use is directly or indirectly related to business. Once proven that such is of personal use, the amount due
shall be deducted to Manager’s salary. Any damage or repair requirements must be communicated to the
IT Department or to CEO. Failure to disclose the cause of damage or repair, it shall deem to have been
caused by the Manager and he must shoulder the cost of repair or replacement.

VI. COMPANY RULES AND REGULATIONS

Manager is required to abide by Company’s policies, procedures, rules and regulations as set forth
in the Company’s Employee Handbook, Code of Discipline, or as otherwise promulgated by the
management. In addition, as a condition of employment, and is required to sign and abide by the Intellectual
Property Agreement and Non-Disclosure Agreement, which are herewith attached as Annex “A” and
Annex “B”, respectively.

VII. TRAINING AND PROFESSIONAL DEVELOPMENT

To develop skill and supplement the knowledge of the Manager, the Company will provide in-
house or external training, as recommended by HR or by the CEO. Where training is funded by the
Company, the trained Manager must render two (2) years of service. If Manager resigns before reaching
two (2) years of service immediately preceding the subject training, he shall pay ALL cost of training spent
by the Company.
VIII. CONFLICT OF INTEREST
Manager warrants and represents to Company that he presently has no interest, and represents that
he will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner
or interfere with performance of his services under this Agreement.

Manager acknowledges and understands that Company has extended employment opportunities
to Manager based upon his representations and warranty that Manager is in good health, good moral
standing, required skills and knowledge, as well as able to perform the work contemplated by this
Agreement for the term hereof.

IX. LIMITATION OF AUTHORITY

Without the express written consent from the CEO, the Manager shall have no apparent or implied
authority to: (1) Pledge the credit of the Company or any of its employees; (2) Bind the Company under
any contract, agreement, note, mortgage, or otherwise; (3) Release or discharge any debt due to the
Company unless the Company has received the full amount thereof; or (4) Sell, mortgage, transfer or
otherwise dispose of any assets of the Company.

X. TERMINATION

Company may terminate Manager’s employment and this Agreement without cause at any time
within the probationary period.

Aside from the just and authorized causes for the termination of employment enumerated in
Articles 282 to 284 of the Labor Code, the following acts and/or omissions shall, without limitation,
similarly constitute just and authorized grounds for the termination of employment by the Company and/or
grounds for the Company to impose disciplinary measures:

a. Intentional or unintentional violation of the Company’s policies, rules and regulations as


embodied in this Agreement, Employee Handbook, Code of Ethics and Discipline, Intellectual
Property Agreement and Non-Disclosure Agreement;

b. Commission of an act which resulted to loss of confidence on the part of the Company and
CEO with regard to the Manager’s ability to satisfactorily perform the duties and requirements
of his employment;

c. In the event of the Manager being incapacitated by ill health, accident or physical or mental
incapacity from fully performing his duties with the Company for an aggregate period of thirty
(30) days in any one calendar year, such incapacity being duly certified as such by the
Company’s appointed physician;

d. Failure of the Manager to pass two (2) consecutive evaluations of his work performance; and

e. Other similar acts, omissions, and/or event.


This Contract of Employment may be terminated by the Company for any foregoing grounds and
by observing due process requirements of law. In the event that the Manager wishes to terminate this
Contract for any reason, he must give thirty (30) days written notice to Company prior to the effective date
of termination. Upon termination of this employment, the Manager shall promptly account for, return, and
deliver to Company at its main office his ID card, Code of Discipline Manual, Employee Handbook, mobile
phone, car, files and documents, and all Company’s property, which may have been assigned or entrusted
to his care or custody.

XI. FINAL PAY


Manager agrees that all amounts due to him as entitlements, e.g. wages, bonuses or other similar
monetary benefits from the Company at the time of the Manager’s separation, resignation or dismissal from
employment, shall first be applied to any outstanding obligations that the Manager may have with the
Company without prejudice to other recourses of the Company should the amount due to him be less than
his outstanding obligation. Manager shall receive his final pay after sixty (60) days from the date of tender
of resignation.

XII. SURVIVAL OF COVENANTS

All restrictive covenants contained in this Agreement shall survive the termination of this
Agreement.

XIII. INJUNCTIVE AND EQUITABLE RELIEF

Manager and Corporation recognize and expressly agree that the extent of damages to Company
in the event of breach by Manager of any restrictive covenant set forth herein would be impossible to
ascertain, that the irreparable harm arising out of any breach shall be irrefutably presumed, and that the
remedy at law for any breach will be inadequate to compensate the Company. Consequently, the Manager
agrees that in the event of a breach of any such covenant, in addition to any other relief to which Company
may be entitled, Company shall be entitled to enforce the covenant by injunctive or other equitable relief
ordered by a court of competent jurisdiction.

XIV. INDEMNIFICATION

Manager hereby agrees to indemnify and hold the Company and its officers, directors,
shareholders, employees, and service providers harmless from and against any loss, claim, damages or
expense, and/or all costs of prosecution or defense of their rights hereunder, whether in judicial
proceedings, including appellate proceedings, or whether out of court, including without limiting the
generality of the foregoing.

XV. NON-COMPETE CLAUSE

Manager acknowledges that he performs services of a unique nature for the Company that are
irreplaceable, and that his performance of such services to a competing business may result in irreparable
harm and damage to the Company. Accordingly, during the term of employment hereunder and two (2)
years after the termination of employment, Manager agrees that he will not, directly or indirectly, own,
manage, operate, control, be employed by or render services to (whether as an employee, consultant,
independent contractor or otherwise), and whether or not for compensation) any person, firm, corporation
or other entity engaged in competition with the Company or any of its subsidiaries or in any other material
business in which the Company or any of its subsidiaries is engaged on the date of termination or in which
they have planned, on or prior to such date.

XVI. CHANGES TO TERMS AND CONDITIONS OF EMPLOYMENT

All terms and conditions in this Agreement as well as the policies in the Employee Handbook and
Code of Discipline as and when required are subject to changes by the Company. Any change or new policy
shall be reviewed by CEO, Legal & Compliance, and HRD with notice to Manager before being enforced.

XVII. MISCELLANEOUS PROVIONS


a. Company is not liable for any delay or failure whether total or partial in the performance of
obligations under this Contract if the delay or failure is due to, or results from any event of
force majeure.

b. This Contract constitutes the entire agreement between the Parties and supersedes all prior
communications, negotiations, arrangements and agreements, whether oral or written, with
respect to the subject matter.

c. No agreement or understanding varying, extinguishing or extending this Agreement is legally


binding unless it is in writing signed by each Party or on behalf of a Party by a duly authorized
representative.

d. No failure, delay, relaxation or indulgence by a Party in exercising any right arising under this
Contract and no custom or practice which exists between the Parties operates as a waiver of
that right.

e. Any provision of this Contract which is illegal, void or unenforceable is ineffective to the
extent only of such illegality, voidness or unenforceability without invalidating any of the
remaining provisions of this Contract.

f. Each Party including, but not limited to, any employee other than the Parties to this Contract
has or is intended to have any right, power or remedy or derives or is intended to derive any
benefit under this Contract.

g. Each Party covenants to do all things necessary to give full effect to this Contract and the
transactions contemplated by this Contract.

h. This Contract shall be governed by the laws of the Republic of the Philippines within the
regulations of the territory of Quezon City. In the event of litigation under this Contract, the
Parties agree to submit to the jurisdiction of the competent courts and tribunals of Quezon
City only, to the exclusion of all other courts of equal and competent jurisdiction.

IN WITNESS WHEREOF, Parties have executed this Contract as of the date first above
written.

(COMPANY)

By:

__________________________ ______ _________________________________


HR MANAGER EMPLOYEE’S NAME

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