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EMPLOYMENT CONTRACT

This Employment Contract is executed and entered into this ___________, by and
between:

_________________________, a sole proprietorship with


business address at _________________________, Davao City,
Philippines, and owned by and registered under the name of
_____________________, of legal age, Filipino, married, and a
resident of Davao City, Philippines; hereinafter referred to as
the “EMPLOYER”;

-and-

_________________________, of legal age, Filipino,


single/married, and a resident of Davao City, Philippines,
hereinafter referred to as the “EMPLOYEE”;

WITNESSETH THAT:

WHEREAS, the EMPLOYER is a sole proprietorship operating as (nature of


business);

WHEREAS, the EMPLOYEE has agreed to be hired by the EMPLOYER as (name of


position), and the EMPLOYER has agreed to hire the EMPLOYEE under the terms and
conditions of this Contract and under the basic provisions of the labor laws of the
Philippines;

NOW THEREFORE, for and in consideration of the foregoing premises and mutual
covenants herein contained, the parties hereto hereby agree as follows:

I. PURPOSE

The Purpose of this Contract is to set forth the terms and conditions of employment
between the EMPLOYER and the EMPLOYEE. The parties recognize the need to
maintain and encourage harmonious and mutually beneficial relations between
them. Thus, the parties institute herein, within the framework provided by law, the
foregoing terms and conditions for an effective working relationship at all levels
between the EMPLOYER and the EMPLOYEE.

II. JOB DESCRIPTION

A. The EMPLOYER hereby employs, engages and hires the EMPLOYEE as


(name of position).

B. The functions and duties of the EMPLOYEE as (name of position), as well as,
the reasonable standards required for such position, shall be provided by the

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EMPLOYER in writing after the signing of this Contract, to which the
EMPLOYEE shall sign and conform to;

C. The EMPLOYEE shall perform such other duties as are customarily


performed by one holding such position in other, same or similar businesses
or enterprise as that engaged in by the EMPLOYER, and shall additionally
render such other and unrelated services and duties as may be assigned to
her from time to time by the EMPLOYER. The EMPLOYER reserves the
right, in his sole discretion, to change the EMPLOYEE'S designation and
responsibilities at any time.

D. After conforming to the duties and functions, as well as, reasonable standards
set by the EMPLOYER for the position of (name of position), the
EMPLOYEE acknowledges that she was informed by the EMPLOYER and
was made known of her functions and duties, and the reasonable standards
required by the latter of such job and position as (name of position).

III. COMMENCEMENT OF EMPLOYMENT

A. The EMPLOYEE shall commence his/her employment under this Contract


immediately after signing hereof, and shall terminate upon his/her
resignation/retirement or upon valid termination by the EMPLOYER.

IV. COMPENSATION

A. The wages of the EMPLOYEE for all actual work shall be fixed at PESOS:
___________________ (Php________.00) per month. The EMPLOYEE shall
also be entitled to other wage-related benefits, as provided hereunder.

B. Wages of the EMPLOYEE shall be paid at least once every two weeks or twice
a month at intervals not exceeding 16 days.

C. The EMPLOYEE shall also be entitled to the following benefits during the
duration of his employment:

1. One day off a week without pay;


2. SSS/PhilHealth/Pag-IBIG;
3. Insurance Coverage;
4. (just add, if any)

V. TERMINATION, SUSPENSION AND DISCIPLINE

A. The EMPLOYEE, upon the signing and execution by the parties of this
Contract, shall also sign and conform to the Schedule of Disciplinary
Actions and Penalties of the EMPLOYER, signifying therein that the
EMPLOYEE has read and understood the company’s rules and regulations,
and acknowledged the corresponding penalties for violations thereof. It shall
be understood that the Schedule of Disciplinary Actions and Penalties
shall automatically form part of this Contract.

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B. The EMPLOYER may suspend the EMPLOYEE for valid grounds and in
accordance with the Schedule of Disciplinary Actions and Penalties. A
Memorandum or Notice to Explain shall first be given to the EMPLOYEE,
who shall have the option to submit a written explanation or answer thereto.
After a positive finding which shall warrant a penalty of suspension, the
EMPLOYER shall furnish the EMPLOYEE a Notice of Suspension which
shall be in writing and shall set forth the reasons for such suspension.

C. The EMPLOYER may also terminate the EMPLOYEE for valid and sufficient
grounds, including those not covered by just and authorized causes under
the Labor Code of the Philippines, and in accordance with the Schedule of
Disciplinary Actions and Penalties.

D. For termination of employment, a Memorandum or Notice to Explain shall


be furnished to the EMPLOYEE, who shall be given reasonable opportunity
to explain and answer the said Memorandum. A positive finding for
termination shall warrant a valid dismissal against the EMPLOYEE, which
shall be made by furnishing her a copy of a Notice of Termination to satisfy
due process requirements.

E. The EMPLOYEE agrees that in the event of the termination of her


employment, regardless of the reason of such termination, he/she will deliver
to the EMPLOYER, and shall not take with him/her, all documents, records,
materials and other properties of any nature pertaining and belonging to the
EMPLOYER.

F. All notices shall be personally served to the EMPLOYEE. If after exerting all
reasonable efforts, said notices are still not personally served to the
EMPLOYEE for whatever reason, the EMPLOYER shall serve the said
notices by registered mail or through private mail courier to the
EMPLOYER’s last known address.

VI. NON-DISCLOSURE OF CONFIDENTIAL INFORMATION

A. Confidential Information shall include, and shall be deemed to include, all


information conveyed by the EMPLOYER to the EMPLOYEE orally, in
writing, by demonstration, or by other media.

B. The Confidential Information shall be considered as such at the time of


transmittal by the EMPLOYER to the EMPLOYEE.

C. Confidential Information may include, by way of example but without


limitation, data, know-how, contacts, contracts, software, formulas,
processes, designs, sketches, photographs, plans, drawings, specifications,
samples, reports, information obtained from previous or current participants
in programs of the EMPLOYER, and information relating to transactional
procedures. However, Confidential Information shall not include
information, which are clearly demonstrated to be:

1. Generally known or available to the public, through no fault or omission


on the part of the receiving party; or

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2. Provided to the EMPLOYEE by a third party without any restriction on
disclosure and without breach of any obligation of confidentiality to the
EMPLOYER; or independently developed by the EMPLOYEE without
use of the Confidential Information.

D. During the entire duration that the EMPLOYEE works for the EMPLOYER,
and after the termination of employment, regardless of the reason for the
termination, the EMPLOYEE shall not, directly or indirectly, use, divulge,
share or pass on to any third person or anyone outside of his/her work with
the EMPLOYER, any confidential information as defined herein.

E. The EMPLOYEE undertakes to take all reasonable measures to protect the


secrecy of, and avoid the possible disclosure or use of, any confidential
information divulged by the EMPLOYER in order to protect its interests, and
to prevent such information from being disclosed and made known to the
public or to other persons other than those authorized by the EMPLOYER.

F. All Confidential Information disclosed shall belong and remain with the
EMPLOYER. Nothing in this Contract shall be construed as granting or
conferring any rights whatsoever, including without limitation any
intellectual property rights, whether expressly or impliedly, or otherwise, in
respect of the Confidential Information to the EMPLOYEE, and the
Confidential Information shall be used only for purposes related to the work
and duties of the EMPLOYEE.

G. The EMPLOYEE shall immediately inform or advise the EMPLOYER of any


unauthorized use or disclosure, misappropriation or misuse by any person of
any Confidential Information, upon the EMPLOYEE having notice or
knowledge of the same.

H. Any breach of the obligations of confidentiality contained in this Paragraph


may cause the EMPLOYER irreparable harm, injury, loss and damage, the
extent of which may be impossible to ascertain. Accordingly, in addition to
any other remedies the EMPLOYER may have in law or in equity, the
EMPLOYER shall be entitled to recover damages from the EMPLOYEE in
the amount of not less than PESOS: __________ (Php_______.00), and to be
indemnified from any loss or harm, including but not limited to attorney’s
fees, arising out of or in connection with any breach of the EMPLOYEE's
obligations under this Contract.

VII. NON-COMPETITION AND NON-SOLICITATION

A. During the entire duration that the EMPLOYEE works for the EMPLOYER,
and for a period of three (3) years following the termination of employment,
regardless of the reason for the termination, the EMPLOYEE shall not,
directly or indirectly, anywhere in the Philippines, perform the same or
substantially the same work and duties she had with the EMPLOYER, for any
other person or entity which is, or would be, competitive with the existing
business of the EMPLOYER.

B. During the same period abovementioned, the EMPLOYEE shall not, directly
or indirectly, engage in any business within the Philippines, which is, or
would be, competitive with the existing business of the EMPLOYER.

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C. Within three (3) years after the termination of the employment, the
EMPLOYEE agrees that she shall not, directly or indirectly, whether for
his/her personal benefit or in behalf of any individual, company or business,
contact, deal with or otherwise become involved with any client introduced,
directly or indirectly, by or through the EMPLOYER, its owner/s, officers or
staff.

D. The EMPLOYEE agrees that during the term of her relationship with the
EMPLOYER, and for three (3) years after the termination thereof, regardless
of the reason for the termination, the EMPLOYEE shall not, directly or
indirectly, solicit or attempt to solicit any business or service from any of the
EMPLOYER’s clients for her personal benefit.

E. The EMPLOYEE also agrees that during the term of her relationship with the
EMPLOYER, and for three (3) years after the termination thereof, regardless
of the reason for the termination, she shall not, directly or indirectly, on her
own behalf or in behalf of or in conjunction with any person or legal entity,
recruit, solicit, or induce, or attempt to recruit, solicit, or induce, any other
employee or client of the EMPLOYER, to terminate their relationship with,
or to file any claims against, the latter.

F. Any breach of the obligations contained in this Paragraph may cause the
EMPLOYER irreparable harm, injury, loss and damage, the extent of which
may be impossible to ascertain. Accordingly, in addition to any other
remedies the EMPLOYER may have in law or in equity, the EMPLOYER
shall be entitled to recover damages from the EMPLOYEE in the amount of
not less than PESOS: __________ (Php_______.00), and to be indemnified
from any loss or harm, including but not limited to attorney’s fees, arising
out of or in connection with any breach of the EMPLOYEE's obligations
under this Contract.

VIII. ENTIRETY AND SEVERABILITY OF CONTRACT

A. This Contract constitutes the entire agreement between the parties


pertaining to the subject matter hereof, and supersedes any and all prior
agreements, communications and understandings (both written and oral)
regarding such subject matter.

B. This Contract shall not be modified or any rights under it waived except by a
written document executed by all parties.

C. If any provision, or part thereof, of this Contract is held to be a violation of


any applicable law, the same shall be deemed to be deleted from this
Contract. The remainder of this Contract shall remain in full force and effect
as if such provision, or part thereof, had not originally been contained in this
Contract.

IN WITNESS WHEREOF, we have hereunto set our hands this _______________ in


Davao City, Philippines.

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_____________________________ _____________________________
EMPLOYER EMPLOYEE
ID Type & No.: ____________________
Represented by:

_____________________________
ID Type & No.: ____________________

Signed in the presence of ____________________ & ____________________

Republic of the Philippines }


City of Davao }S.S

ACKNOWLEDGMENT

BEFORE ME, a Notary Public for and in Davao City, Philippines, personally
appeared the above PARTIES whom I have identified through their respective competent
evidence of identity as indicated above and who represented themselves to me to be the
same persons who executed the foregoing EMPLOYMENT CONTRACT, consisting of six
(6) pages including the page on which this Acknowledgment is written, the same having
been signed by the parties and their witnesses on each and every page hereof, and
acknowledged and sworn to me that the same is their own free act and voluntary deed.

WITNESS MY HAND AND SEAL this ____________________ in Davao City,


Philippines.

Doc No. _____;


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

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