Beruflich Dokumente
Kultur Dokumente
[Date]
[Name of Employee]
[Address of Employee]
Dear [•]:
This contract is for project employment with [Name of Employer] (the “Company”) for the position of
[designation] (the “Contract”). Your signature below constitutes acceptance of this Contract,
including all the terms and conditions hereof.
(this may be revised for employees hired for a specific stage of a project only) As a project
employee, your employment shall be temporary in nature and effective only for the entire
duration of the Company’s [name of project] (the “Project”). The Company expects the
Project to be completed within [•] after its commencement, or until [•]. The Project is more
particularly described in Annex “A” hereof.
Subject to the issuance of the requisite work visa, work permits and authorisations by the
pertinent Philippine Government Agencies, your employment is expected to last for a like
period and shall commence on [•] and expire on [•] upon the completion of the Project,
without any need for verbal or written notice. It is understood, however, that the duration of
your employment is coterminous with the completion or proximate accomplishment of the
Project, and may be extended depending on the need to complete the Project. However, you
acknowledge that your employment may be terminated earlier by reason of the completion
of the Project (or the phase of the Project for which you were hired) or your project
employment is terminated based on grounds set forth in Paragraphs 5 and 10 of this Contract.
If the Company finds it necessary to renew the Contract, the Company shall have the option
of renewing or extending the period of this Contract for such time as may be necessary,
subject to the issuance of the requisite work visa, work permits and authorisations by the
pertinent Philippine Government Agencies.
For your project employment with the Company, you will be designated as [•] and for the
duration of your project employment, you will be under the direct control and supervision of
your Team Leader, [•], the [•] of the Company.
You will liaise with other officers of the Company and other offices of the Company’s
subsidiaries and affiliates in connection with performing your duties and responsibilities.
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3. Duties and Responsibilities
The scope of your duties and responsibilities are outlined in Schedule 1, attached hereto as
“Scope of Responsibilities,” and made an integral part of this Contract. You shall be primarily
responsible for [insert description], as well as other assignments and responsibilities
designated by the Company. In addition, you shall assist other employees if your assigned
work for the day is completed or whenever required and/or assigned by your immediate
superiors, including your Team Leader.
It is hereby understood that the Company has the sole prerogative to include other
responsibilities to your position other than those listed in Schedule 1. It is also understood
that the Company has the right to change your designation, area of assignment, working
hours, responsibilities, and such other work related matters to meet and/or suit the needs
and demands of the Company.
4. Place of Service
You will report regularly and perform your obligations under this Contract at [•] within the
Company’s regular office hours, which is from [•] to [•], and will make yourself available
whenever needed for business purposes. You are required to perform such fieldwork as may
be necessary for, or required for the performance of your duties, such as project site or plant
visits.
The Company will shoulder the costs of processing and procuring the relevant government
visa and other immigration permits necessary to enable you to render work for the Company
and within the Philippines, including but not limited to documents relating to the immigration
and labor laws. For this purpose, you shall provide the necessary support, including supplying
the relevant documents for processing, and coordinate in good faith with the Company.
In the event that any visa or other immigration permit necessary or desirable for you to render
work for the Company and in the Philippines expires, is rendered void or is otherwise
invalidated or declared unlawful, the Company shall have no choice but to enforce Philippine
laws and forthwith terminate your employment. For this reason, you are entirely responsible
for complying with the requirements of any such visa or permit, and it is your obligation to
understand such requirements and to take all such measures as are necessary to fully comply
with the same.
For and in consideration of the services you will render, you will be entitled to compensation
in the amount of _________________________________________________________ and
other benefits (statutory and otherwise) that employees of your nature and position are
entitled to under relevant Company policy(cies) and under Philippine labor laws and
regulations.
7. Hours of Work
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You will be required to work during the working hours and days specifically set forth in
Schedule 2, attached hereto as “Schedule of Working Hours and Days” and made an integral
part of this Contract.
9. No Regularization of Employment
The expiration of this Project Employment Contract or any extension or renewal thereof does
not entitle you to become a regular employee of the Company. Likewise, the Company is not
under any obligation to appoint you as a regular employee notwithstanding the period of time
you will have worked as a project employee under this Project Employment Contract and/or
for any period of service under an extension or renewal thereof.
This Project Employment Contract shall not be construed to establish and/or constitute a
vested right in your favor for a preferential priority of future employment with the Company.
10. Termination
The Company reserves the right, in each case subject to the observance of due process, to
terminate your employment: (a) at any time, for unsatisfactory service or performance; (b) for
just and/or authorized causes provided under the Labor Code; (c) for any violation of the
Company Rules; (d) for the commission of any act punishable under the Revised Penal Code
of the Philippines; (e) for the commission of any acts detrimental to or adversely affecting the
operations of the Company; or (f) for gross negligence or loss of confidence.
11. Accountability
You shall be accountable for all office equipment, supplies, materials and Company owned
properties (the “Company Property”) provided to you, which you shall immediately turn over
to the Company at any time upon request during the period of your employment. Within ten
(10) days before the expiration of your employment, without any renewal or extension, or
immediately upon pre-termination thereof, you undertake to surrender to the Company all of
the Company Property without need of demand.
12. Confidentiality
a. Any and all information relative to your work and functions as employee is considered
confidential and proprietary information in accordance with the Company rules and
policies. It is hereby understood that you shall keep all information relevant thereto
and any other information obtained during the course of your employment
confidential, and you agree that you have no right to disclose such information, in
whatever form, including but not limited to, copies, summaries, excerpts, extracts or
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other reproduction thereof to any third party, except, in each instance, with the prior
written consent of the Company.
b. You shall be responsible for any breach of the terms of this Section 12, and shall
indemnify the Company or any third person for any damage resulting from the
disclosure or consequent unauthorized use of any of said information. Your obligation
under this Section 12 shall survive even after the termination or expiration of this
Contract.
a. You acknowledge and agree that, in the course of your employment, the Company
may receive or have access to your Personal Information and/or Sensitive Personal
Information. As such, you expressly consent to the processing, collection,
transmission, storage, disposal, use and disclosure of your Personal Information
and/or Sensitive Personal Information by the Company for, among others, the
following purposes:
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iii. any consultant, adviser or auditor of the Company performing services in
connection with its employees’ account or who have been engaged to enable
the Company to perform its obligations under this Contract;
iv. any person to whom the Company proposes to assign or transfer any of its
rights and/or duties under this Contract;
14. Non-Competition
You covenant and agree that, for the period of two ([2]) years from and after the termination
of your employment or your resignation therefrom, you will not, directly or indirectly, be
employed or otherwise engaged in any capacity by any direct or indirect competitor of the
Company in the Philippines.
This Contract and the Annexes and Schedules attached hereto represent the entire and
complete understanding between yourself and the Company on the terms and conditions of
your project employment with the Company and supersedes any and all prior
communications, verbal and/or written contracts between the Company and yourself.
Any amendment or modifications to this Contract shall be mutually agreed upon by the
Company and yourself. Such amendments and modifications shall not be binding unless
reduced into writing and signed by yourself and the proper officer of the Company.
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Please signify your acceptance of the foregoing terms and conditions of your Contract by signing on
the space provided for below. We look forward to a fruitful and harmonious working relationship with
you.
[Company]
By:
[Name]
[Designation]
Accepted:
I hereby certify that I have read and understood the terms and conditions of employment indicated
above, and that the same has been translated to me in the dialect, which I understand, and I hereby
accept such employment under the said terms and conditions.
________________________________
(Signature over printed name /Date)
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Annex A
Description of the Project
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Schedule 1
Scope of Responsibilities
[To be attached. Must have comprehensive description of nature and scope of work and position.]
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Schedule 2
Schedule of Working Hours and Days
[To be attached.]