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CONTRACT FOR CASUAL EMPLOYMENT

KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT FOR CASUAL EMPLOYMENT ( Agreement for Brevity ) is executed this 5th day of
July 2019 by and between:

HARDWARE LABS PERFORMANCE SYSTEMS a corporation duly organized and existing in


accordance with laws of the Republic of the Philippines, with principal office at 39 Don Ramon
St., Talayan Village, Quezon City, represented in this act by its President, Mr. Wilbert Yuque,
hereinafter referred to as the EMPLOYER;

-and-

JULIO NUIZ, of legal age, Filipino and a resident of (state address), herein referred to as the
CASUAL EMPLOYEE.

WITNESSETH THAT:

WHEREAS, the EMPLOYER is in need of a temporary employee who will perform duties not
usually necessary and desirable in the usual business or trade of the EMPLOYER;

WHEREAS, the CASUAL EMPLOYEE, seeks employment, applied for and expressed willingness to
join the EMPLOYER as its temporary or casual worker;

WHEREAS, the agreement shall be for the period of only five (5) months or until after the
unrelated job for which the CASUAL EMPLOYEE was hired has ceased;

THEREFORE, the parties hereby covenant:

COMMENCEMENT OF CASUAL EMPLOYMENT

1. The CASUAL EMPLOYEE shall have duties and responsibilities set forth hereunder;
2. The CASUAL EMPLOYEE shall report for work on or before 8:00 am and leave not earlier
than 5:00 pm, Monday to Friday. Any entry later than 8:00 am shall be reckoned as tardy
and any end of shift earlier than 5:00 pm shall be considered undertime, both of which
shall be subject to corresponding salary deduction and disciplinary action;
3. The hiring of the CASUAL EMPLOYEE, which is the commencement of this agreement
shall be on __________;
4. The temporary employment of CASUAL EMPLOYEE shall expire on ________;

JUST AND AUTHORIZED CAUSES FOR DISMISSAL OR TERMINATION

5. In addition to the date of expiration of employment, the CASUAL EMPLOYEE maybe


dismissed from service for just causes found under Article 282 (now Art 297 per RA
10151) of the Labor Code, as amended and other applicable provisions of the law;
6. Further, the employment maybe terminated in the event of violation by the CASUAL
EMPLOYEE of the provisions of the Code of Conduct hereto attached as “Annex A”. The
CASUAL EMPLOYEE undertakes that he/she has read and understood the provisions
therein and were fully explained to his/her language and/or dialect that he/she
understands and agrees to abide thereto;
7. The employment may likewise be terminated for authorized cause under Article 298 and
Article 299 of the Labor Code as amended or any other relevant provisions;
8. Employment may likewise be validly terminated if the business operation, section of
operation or phase of operation has ceased on account of law, rules or regulations
ordering the cessation of the company;
9. The employment may likewise be suspended due to causes arising from lack of raw
materials, lack of customer order, declining sales, among others as determined by the
management;

PLACE OF POSTING

10. The initial place of posting of the CASUAL EMPLOYEE shall be in the principal office of
the EMPLOYER. However, the CASUAL EMPLOYEE agrees to be assigned anywhere in the
Philippines when the exigencies of business require or when required by the project
secured by the EMPLOYER;
11. The place of work may change when the EMPLOYER moves to another principal place of
business and in such case the CASUAL EMPLOYEE agrees to relocate;

DUTIES AND RESPONSIBILITIES

12. The CASUAL EMPLOYEE shall perform duties and responsibilities hereto attached as
“Annex B”, and such other responsibilities that maybe assigned relevant thereto;
13. In addition, the CASUAL EMPLOYEE shall observe the law, rules and regulations,
standards of fairness, justice, good customs and fair play in the discharge of his/her
duties;

COMPENSATION AND BENEFITS

14. The CASUAL EMPLOYEE shall the receive a salary of Five Hundred Thirty Seven PESOS
(PHP 537.00) per day which will be paid every 15th and 30th or 31st, as the case may be,
of each month subject to the following payroll cut-off period;
15. For the payroll period of 15th of the month, attendance cut-off shall be until the 5th of
the said month. While for the payroll period of 30th of the month, the cut-off shall be
on the 6th of the month until 20th thereof;
16. The CASUAL EMPLOYEE undertakes to treat with strict confidentiality his/her
compensation benefits information and all other employment records. He/she shall
refrain from discussing with anyone whether connected with the EMPLOYER or not.
Violation of this prohibition shall be considered as ground for disciplinary action and
shall affect his/her behavior rating.

CONFIDENTIALITY

17. The CASUAL EMPLOYEE recognizes and acknowledges that the systems that the
EMPLOYER owns, holds in trust, develops, plans whether on its own use or by its clients
are confidential in nature and are property of the EMPLOYER. He/she further
acknowledges that to enable the EMPLOYER to perform services for clients, the latter
may have furnished the EMPLOYER confidential information concerning their business
affairs, property transactions under consideration (including identities of their
companies that are or may be parties to such transactions), methods of operation or
other data that the goodwill afforded to EMPLOYER depends upon among other things;
18. Thus, the CASUAL EMPLOYEE agrees that, except as directed by the EMPLOYER in
writing, he/she will not at any time, whether during or after employment, disclose to
any person or use any confidential information, or permit any person to examine and/or
make copies of any documents which contain or are derived from any confidential
information whether prepared by the EMPLOYER or coming into the possession of the
CASUAL EMPLOYEE directly or which may be unintentionally furnished by the EMPLOYER;
19. The term “confidential information” shall include all information, whether written or
oral, that is not known by, or not generally available to, the public at large and that
concerns the business, activities, financial affairs, trade secrets, technology of the
EMPLOYER or otherwise relates to the EMPLOYER, in any manner whatsoever, its
customers, their clients, suppliers and other businesses or entities, with whom the
EMPLOYER does business which may come to the possession of the CASUAL EMPLOYEE
during the tenure of EMPLOYER in whatever manner or reason;
20. The CASUAL EMPLOYEE undertakes not to make copies or duplicates of any confidential
information or other sensitive property or materials mentioned, including but not
limited to keys, access cards, diskettes, flash drives, electronic files programs,
databases regardless of storage location, photographs or such other proprietary
information relating to the EMPLOYER’s business;
21. Failure of the CASUAL EMPLOYEE to submit, turnover, or return the company property
falling under confidential information, as demanded in writing within five(5) days
therefrom, shall be deemed as violation of the confidentiality clause;
22. In case of violation, the CASUAL EMPLOYEE agrees to compensate the EMPLOYER the
amount equivalent to his/her three (3) months salary but in no case less than TEN
THOUSAND PESOS (PHP10,000.00) by way of liquidated damages;
23. The CASUAL EMPLOYEE authorizes the EMPLOYER to apply whatever salary earned or
accruing to his/her as compensation for the violation and withhold any amount pending
actual application;

NON-COMPETE CLAUSE

24. The CASUAL EMPLOYEE agrees and covenants within a period of two (2) years after the
termination of this agreement, engage, seek employment or be employed, whether full
or part-time, directly or indirectly, through or any corporations or associations, in any
business, enterprise or employment which directly competes with the business of the
EMPLOYER or any of its customers;
25. The CASUAL EMPLOYEE shall not, during the same period directly or indirectly solicit to
provide or provide, without the prior written consent of the EMPLOYER, any professional
services for everyone who is a client or supplier of the EMPLOYER;
26. If the CASUAL EMPLOYEE would in the future be directed by any government agency or
judicial forum or court or asked to testify in any proceeding concerning any matter
learned in the course of services provided to or on behalf of the employer, shall notify
the latter before making any disclosure at least ten (10) days prior the date of
testimony, hearing or disclosure;
27. In the event of any breach of the non-compete clause, the CASUAL EMPLOYEE shall
compensate the EMPLOYER the amount of TWENTY THOUSAND PESOS (PHP 20,000.00)
by way liquidated damages or a higher amount as may be proven by the EMPLOYER at
the latter’s option;
28. Payment of liquidated damages shall in no way affect the other rights which the
EMPLOYER may have against the CASUAL EMPLOYEE especially the right to obtain
injunctive relief against his/her;

RESIGNATION

29. If the CASUAL EMPLOYEE would resign from service, he/she shall thirty (30) day prior
notice tot the EMPLOYER. If the CASUAL EMPLOYE resigns without observing the 30-day
prior notice shall reimburse the EMPLOYER the total amount equivalent to his/her three
(3) months’ salary or at least TWENTY THOUSAND PESOS (PHP 20,000.00) as liquidated
damages. To effect the payment, the CASUAL EMPLOYEE authorizes the EMPLOYER to
withhold whatever salary and/or benefits earned and apply the same against the
liability;
30. This written contract and its annexes constitute the entire agreement between the
parties binding between them and their assigns, heirs, successors-in-interest.

IN WITNESS WHEREOF, the parties hereby affixed their respective signatures this ___ day of
______ 2019 at Quezon City, Philippines.

WILBERT YUQUE JULIO NUIZ


President Casual Employee
HARDWARE LABS PERFORMANCE SYSTEMS

SIGNED IN THE PRESENCE OF:

__________________________________ ______________________________

ACKNOWLEDGEMENT

Republic of the Philippines )


Quezon City ) s.s

BEFORE ME, a Notary Public for and in Quezon City, the parties appeared and presented their
respective identification cards as competent proof of identity and are known to me and me
known to be as the same persons who executed the foregoing Contract for Casual Employment
consisting of four (4) pages including this page where the Acknowledgement is written and
affirmed to me that the same is their own, free voluntary act and deed.

WITNESS MY HAND AND SEAL this ____ day of _______ 2019.

Doc. No. _____;


Page No. _____;
Book No. _____;
Series of 2019.

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