Sie sind auf Seite 1von 12

Date: January 29, 2020

Name: Abanto, Malica Mailyne T.


Address: #17 Bagay Rd. Caritan Centro Tuguegarao City 3500

Dear Mica,

Entrego Express Corporation is pleased to invite you to join our team as Hub OIC with a job level of
3. We trust that your knowledge, skills and experience will be a valuable addition to the electrifying
working environment at Entrego Express Corporation.

Here are the details of our job offer:

Cash Components:
Monthly Base Salary: Gross remuneration of ₱17,000.00
De Minimis: ₱2,133.33
Transportation Allowance:₱2,000.00
Guaranteed Bonus: 13th month pay

Probationary Period: 6 Months

Company benefits are provided upon regularization of employment, which includes the following:

Annual Paid Leave (Prorated): ( General Leave - 25 days, inclusive of 5 Core Leaves)
Health Plan Coverage
Life Insurance

Entrego Express Corporation believes you are a very good fit for the team and I am sure this is an
unrivaled opportunity for you, both in timing and scope in order to leverage your entrepreneurial spirit.
To accept this job offer, please sign and indicate your possible start date.
Thank you very much.

Best regards,

Jay Edcel Z. Bergado


President

By signing this offer letter, I, ______________________ , accept the offer terms as stipulated above. I
can come on board on ____________.

Date: ___________________

Signature: ______________________

0
Employment Contract

Entrego EXPRESS CORPORATION

Date: January 29, 2020

Abanto, Malica Mailyne T.


Address: #17 Bagay Rd. Caritan Centro Tuguegarao City 3500

Subject : Contract of Employment

Dear Abanto, Malica Mailyne T.:

This confirms your employment and outlines the terms and conditions which will apply to your
employment with Entrego Express Corporation (the "Company").

1. POSITION; DUTIES AND RESPONSIBILITIES

The position, duties, responsibilities, and work hours of the Employee are outlined in Annex “A”,
which is attached to and made an integral part of this Agreement. The duties, responsibilities and
work hours of the Employee may change according to the needs of the Company. The Employee
recognizes the right and prerogative of the Company to change his/her duties, responsibilities, and
work hours according to the Company’s needs. Any change shall also form an integral part of this
Agreement.

2. START DATE; PROBATION

The Employee shall commence his/her employment with the Company on February 1, 2020
(“Start Date”). Should the Employee fail to commence work on the Start Date and it appears that
he/she has no intention of working for the Company, the Company shall be entitled to recover from
the Employee the costs incurred for the Employee’s engagement.

The Employee agrees to work for the Company as a probationary employee for a period of one
hundred eighty (180) days counted from the Start Date or specifically, until August 1, 2020.

The following shall constitute the standards upon which the Employee’s regularization shall be
based on: (a) satisfactory performance by the Employee of his/her duties and responsibilities; (b)
punctuality; (c) regular attendance; (d) compliance with the Company’s rules and regulations; (e)
ability to work well with co-employees; and (f) such other standards as may be provided in Annex
“A”. The Employee hereby acknowledges that the foregoing are reasonable standards and that the
same have been clearly communicated to him/her and are understood by the Employee.

The Employee may be dismissed for failure to qualify as a regular employee by not meeting the
above standards at the end of his/her probationary period. The Employee may also be dismissed
during his/her probationary period for just cause.

3. COMPENSATION

(a) The Company shall provide the Employee with the basic monthly salary (“Salary”) and
benefits provided in Annex “B”. The Employee’s compensation shall be paid on the tenth
(10th) and twenty-fifth (25th) day of each calendar month. If the Employee starts between
the first (1st) and fifteenth (15th) day of the month, his/her first salary will be paid on the
tenth (10th) of the following month. If the Employee starts between the sixteenth (16th) and
thirtieth (30th) or thirty-first (31st) of the month, his/her first salary will be paid on the
twenty-fifth (25th) of the following month.

(b) Where applicable, Social Security System, Philippine Health Insurance Corporation and
Home Development Mutual Fund contributions, withholding taxes, and other mutually-
agreed and/or government-mandated deductions to be borne by the Employee shall be
deducted from the Employee’s salary.

(c) The Company may also deduct from the Employee’s salary any amount which the Employee
owes or may owe to the Company.

(d) Except for those taxes and contributions mandated by law to be withheld or for any
government filings to be made by the Company in connection with the salary and other
compensation and benefits arising from this employment, all other taxes and contributions
and filings shall be the responsibility of and shall be made by the Employee.

1
Employment Contract

(e) The Company may, at its sole and absolute discretion, provide bonuses or additional benefits
to the Employee from time to time. Notwithstanding any provision to the contrary, it is
expressly agreed that any bonus, benefit or other payment given by the Company to the
Employee in excess of that specified in this Agreement shall not be considered salary that the
Employee is contractually or legally entitled to, but shall be deemed a gratuity that the
Company reserves the right to discontinue or revise at any time, at its sole and absolute
discretion. Furthermore, incidents when the Company gives any bonus, benefit or other
payment in excess of that specified in this clause shall not be considered as an established
practice or precedent and shall not form part of those due and demandable under this
Agreement.

(f) The Salary and the other terms and conditions of this Agreement are confidential and are not
to be divulged by the Employee to any person who is not authorized by the Company.

4. LEAVES

This benefit shall be based on Company Policy.

5. ASSIGNMENT OF TASKS

The Employee recognizes the Company’s right and prerogative to, without limitation, assign and
re-assign him to perform his/her duties and responsibilities, as well as other tasks, in any place and
at any time as the Company may deem necessary and beneficial to its business, including
assignments to its related companies. The terms and conditions set out in this Agreement will
nonetheless continue to apply, unless otherwise agreed upon by the Company and the Employee.

6. EMPLOYEE’S OBLIGATIONS

(a) The Employee agrees to abide by all the Company’s policies, rules, regulations, and
instructions, as these may be issued or made from time to time, and make it his/her duty to
know, understand and comply with them.

(b) The Employee shall at all times conduct his/her official and private business affairs in a
manner which shall project the good image of the Company. Accordingly, the Employee
shall also refrain from any and all types of business and personal activities which may be
detrimental to the Company’s image.

(c) The Employee shall not, at any time, take any action or make any statement that could
discredit the reputation of, or do damage to, the Company or to any of its affiliates, directors,
shareholders, employees, customers, products or services.

7. CONFIDENTIAL INFORMATION

The Employee shall be bound by the Company’s Confidentiality Principles set forth in Annex “C”
of this Agreement.

The Employee also consents that the Company shall obtain, utilize, and process personal
information from him/her, as evidenced by Annex “D”.

8. TERMINATION

Aside from the causes for terminating employment provided by law, or as may be provided in the
Company’s policies, the following acts and omissions of the Employee shall, without limitation,
similarly constitute grounds for the Company to terminate the Employee’s employment with the
Company or grounds for the Company to impose disciplinary measures on the Employee:

(a) Intentional or unintentional violation of the policies, rules, and regulations of the
Company;

(b) Commission of an act that results in the Company to lose confidence in the Employee’s
ability to satisfactorily perform his/her duties and responsibilities;

(c) Serious misuse or abuse of the Company’s property, facilities and/or resources;

(d) Failure and refusal to fully comply at all times with all applicable laws and regulations;

(e) Commission of an act that may be considered as a crime or offense against a co-
employee, the Company itself or a director, officer, stockholder or agent of the Company;

2
Employment Contract

(f) Intentional or unintentional disregard of the disciplinary measures or sanctions imposed


by the Company;

(g) Directly or indirectly participating, engaging and/or entering into unauthorized business
arrangements involving products and/or services of the Company or products and/or
services of the competitors of the Company;

(h) Intentional or unintentional violation or breach of confidentiality of information


belonging to the Company;

(i) Any breach of any obligation or representation or warranty under this Agreement;

(j) (While on probationary status) failure to meet the standards for regular employment; and

(k) Other similar acts, omissions, and/or events.

In the event that the Employee wishes to terminate his/her employment for any reason or cause,
he/she must give 30 Days written notice to the Company prior to the effective date of termination.
In the event that the Employee fails to complete the notice period, the Employee may be held liable
for damages to compensate the Company for the disruption caused by the Employee's failure to
report for work.

Upon termination of his/her employment for any reason or cause, the Employee shall promptly
account for, return, and deliver to the Company at the latter’s main office, his/her identification
cards, uniform, and all company property that may have been assigned or entrusted to his/her care
or custody, without need of further demand. Upon the termination of his/her employment, the
Employee is not permitted to keep or duplicate any of physical or digital records or documents of
the Company that may have come in his/her possession in the course of employment, unless
expressly permitted to do so by the Company.

Should the Employee have unpaid or pending obligations to the Company, monetary or otherwise,
upon the termination of his/her employment for any reason or cause, the Employee expressly
agrees and authorizes the Company to make the necessary deductions from his/her salary and any
other amounts or benefits that may be due him/her, to effect settlement or payment of his/her
unpaid or pending obligations. This is without prejudice to the right of the Company to effect
settlement or payment of the obligations of the Employee through other legal means should the
salary and any other amounts or benefits due the Employee be insufficient to cover his/her unpaid
or pending obligations.

9. NON-COMPETITION AND NON-SOLICITATION; CONFLICT OF INTEREST

The Employee agrees that, during his/her employment and for two (2) years after its termination
(the “Restricted Period”), he/she shall not, directly or indirectly, manage, operate, conduct,
maintain, control, or invest, be engaged or employed in, either as an employee, consultant, advisor,
or other capacity; or otherwise engage or participate directly or indirectly in; any business or
company in the Philippines that would compete or conflict with the business of the Company.

The Employee further agrees that he/she will not, directly or indirectly, at any time during the
Restricted Period for any reason or cause:

(a) Solicit the customers of the Company or its affiliates, or deal with any individual or legal
entity that was a customer of the Company or its affiliates at any time during one (1) year
preceding the Employee’s effective departure, for any business likely to compete with the
business of the Company or any business or activity that is similar or related to the
activities performed by the Employee under this Agreement; or

(b) Entice any employee of the Company to leave the employment of the Company.

The Employee shall disclose to the Company any (a) existing or future interest he/she may have on
competing companies or businesses, or (b) existing or future relationship that he/she may have,
particularly immediate family and close friends, with co-employees or employees of competing
companies immediately upon the commencement of the relationship or as soon as the Employee
becomes aware that the relationship will take place, as may be applicable. Should it pose a possible
conflict of interest in the Company’s discretion, every effort shall be made by the Parties to arrive
at a mutually acceptable solution within three (3) months, either by transfer to another department,
or by career preparation toward outside employment. The Employee must be prepared for possible
resignation within three (3) months, if no other solution is feasible.

3
Employment Contract

The Employee’s obligations under this clause shall survive the termination of this Agreement.
Furthermore, the Employee acknowledges that violations of this clause shall cause the Company
immediate and irreparable harm and that the damages which the Company would suffer may be
difficult or impossible to measure. Therefore, upon any actual or impending, direct or indirect,
violation of this clause, the Company shall be entitled to the issuance of a restraining order,
preliminary and permanent injunction, without bond, restraining or enjoining such violation by the
Employee or any entity or person acting in concert with the Employee.

10. PROTECTION OF INTELLECTUAL PROPERTY

Notwithstanding anything to the contrary herein contained, neither the execution of this Agreement
nor the performance by either Party of any obligation hereunder shall confer on the Employee any
right or interest in the Company’s intellectual property or technical know-how, including those
intellectual property rights from documents, reports, software, or other materials that have been
made by the Employee in the course of his/her employment with and for the Company.

Except to the extent specifically required for the provision of employment, the Employee disclaims
any right to use the Company’s intellectual property and technical know-how. In relation to the
technical know-how and intellectual property howsoever derived including pursuant to this
Agreement, the Employee shall not:

(a) Assert any right in excess of those conferred hereunder; or

(b) Question, dispute or otherwise assail the validity, right, title, interest of the Company
thereto; or

(c) Either directly or indirectly through any other business entities of whatever description
employ, claim, assert or holdout any intellectual property right similar to the Company’s
intellectual property rights.

11. FITNESS

The Employee has represented to the Company that he/she (a) is physically and mentally fit for
work with the Company; and (b) has not been and is not now involved in, or the subject of, any
investigation, proceeding or prosecution for any criminal offense, misconduct or other inimical
activity. The Company has relied on such representations made by the Employee during the
recruitment process and, unless otherwise updated by the Employee, will assume that these
representations remain true and correct for the duration of the employment of the Employee with
the Company. The Employee is expected to provide the Company with any material changes to
such information given to the Company that may arise at any time during, or prior to the
commencement of his or her employment. The omission of material information and/or provision
of false or misleading information will lead the Employee to be subjected to disciplinary action,
which may include termination of employment.

The Employee is bound by the training and/or qualification requirements of the Company and/or
that which is inherently required for the performance of the job. The Employee agrees that he/she
will at all times comply with these requirements whether or not directed by the Company to do so.

12. ENTIRE AGREEMENT/AMENDMENTS

This Agreement represents the entire agreement of the Parties and it supersedes any prior
statements, discussions, and understandings. It is expressly agreed and understood that there are no
verbal agreements or understandings between the Employee and the Company or any of its agents
and representatives, affecting this Agreement. No amendments or variation of the terms hereof
shall be binding upon either Party unless they are reduced to writing and signed by the Employee
and the Company.

If you find the foregoing in order, please sign on the space provided below.

Sincerely,

Entrego EXPRESS CORPORATION


By:

___________________________

4
Employment Contract

Jay Edcel Z. Bergado


President

I hereby acknowledge receipt of a copy of this CONTRACT OF EMPLOYMENT and


voluntarily and unconditionally agree to all the terms and conditions stated therein. I also hereby confirm
that the criteria and performance standards set by the Company to qualify for regular employment have
been fully explained and discussed with me, and which I hereby acknowledge to have clearly understood.

___________________________
Abanto, Malica Mailyne T.
Date:

5
Employment Contract

Annex “A”

Duties, Responsibilities and Work Hours

Name: Abanto, Malica Mailyne T.

Title/Status: Hub OIC

Place of Assignment: Brgy. Buena Suerte Cauayan City, Isabela

Reports to: Frederick Furigay, or to any other person duly designated by the
Company

Normal working hours: Eight (8) hours daily, 6 days a week, subject to the Company’s
discretion to change the working hours as may be required by the
business or operations

MAIN DUTIES AND RESPONSIBILITIES:

[See Position Profile]

OTHER DUTIES AND RESPONSIBILITIES:

[See Position Profile]

ADDITIONAL STANDARDS FOR REGULARIZATION:

[See Goals Sheet]

Agreed to and accepted by:

________________________________
Abanto, Malica Mailyne T.
Date:

6
Employment Contract

Annex “B”

Compensation and Benefits

Cash Components:

Monthly Base Salary: Gross remuneration of ₱17,000.00


De Minimis: ₱2,133.33
Transportation Allowance:₱2,000.00
Guaranteed Bonus: 13th month pay

Probationary Period: 6 Months

Company benefits are provided upon regularization of employment, which includes the following:

Annual Paid Leave (Prorated): ( General Leave - 25 days, inclusive of 5 Core Leaves )
Health Plan Coverage
Life Insurance

Agreed to and accepted by:

________________________________
Abanto, Malica Mailyne T.
Date:

7
Employment Contract

Annex “C”

Confidentiality

During his/her employment, an Employee may acquire confidential information (collectively, the
“Confidential Information”) consisting of, but not limited to, the following categories of information
concerning the Company:

(i) Financial Information, such as information on earnings, assets, debts, fees, fee structure,
or other financial data;

(ii) Service Information, such as information on services, service providers’ names or


addresses, terms of service contracts, or of particular transactions, or related information,
to the extent that such information is not generally known to the public, and to the extent
that this information yields advantages to the Company, the details of which are not
generally known;

(iii) Marketing Information such as details about ongoing or proposed marketing programs or
agreements by or on behalf of the Company, marketing efforts or information about
impending transactions;

(iv) Personnel Information, such as information on the Company’s employees’ personal or


medical histories, compensation or other terms of employment, actual or proposed
promotions, hiring, resignations, disciplinary actions, terminations or reasons therefore,
training methods, performance, or other employee information;

(v) Client Information, such as any compilation of information on, or lists of, past, existing
or prospective clients, clients’ proposals or agreements with clients, status of clients’
accounts or credit, or related information about actual or prospective clients;

(vi) Personal Data, Personal Information and Sensitive Personal Information (all as defined
under the Data Privacy Act of 2012) provided, made available, made accessible or shared
by the Company or its clients;

(vii) Technology and Know-How Information and Data including any technical data relative
to the operations, repair, or maintenance of the Company’s facilities and equipment not
generally known to the public, including trade secrets, presentations, unpublished papers
and designs;

(viii) This Agreement, its Annexes, and the Company’s employment related policies; and

(ix) Any other information which the Company may declare as confidential or which may be
reasonably expected to be considered by the Company as confidential.

The Company and the Employee consider their relationship one of confidence with respect to the
Confidential Information. Therefore, during the Employee’s employment and after its termination, the
Employee agrees to:

(i) Hold all such information in strictest confidence. The Employee shall not in any manner
discuss, communicate or transmit it to other persons, or make any unauthorized copy or
use of such information in any capacity, position or business unrelated to that of the
Company;

(ii) Use the Confidential Information only in furtherance of proper reasons related to the
Company for which such information is disclosed or discovered; and

(iii) Strictly comply with any applicable law and the policies, rules and regulations
promulgated by the Company in respect of Confidential Information, data security and
data privacy.

(iv) Take all action that the Company deems necessary or appropriate to prevent the
unauthorized use or disclosure of or to protect the interests of the Company in the
Confidential Information.

The Employee should immediately consult Human Resources if in doubt as to whether or not a certain
piece of information is confidential.

8
Employment Contract

Upon termination of his/her employment, the Employee shall immediately return or deliver to the
Company, without need of demand from the Company, all printed and/or electronic copies of manuals,
letters, notes, reports, files, documents and all other materials of a confidential nature, and any other
Confidential Information, in the possession of the Employee, without keeping a copy of and/or
duplicating such materials for unofficial use in any form, unless expressly permitted to do so by the
Company.

The Company shall be the exclusive owner of all Confidential Information however obtained or derived.

The Employee acknowledges that violations of this confidentiality policy shall cause the Company
immediate and irreparable harm and that the damages which the Company would suffer may be difficult
or impossible to measure. Therefore, upon any actual or impending, direct or indirect, violation of this
confidentiality policy, the Company shall be entitled to the issuance of a restraining order, preliminary
and permanent injunction, without bond, restraining or enjoining such violation by the Employee or any
entity or person acting in concert with the Employee, without prejudice to the resort of the Company to
any other remedy that the Company is entitled to under the law.

Agreed to and accepted by:

________________________________
Abanto, Malica Mailyne T.
Date:

9
Employment Contract

Annex “D”

Personal Data Notice and Consent Form

1. I hereby agree and consent for Entrego Express Corporation (“Company”) to collect, use, and
process my personal data1 as indicated in the attached sheet (Annex D-1) and/or personal data
provided by me or possessed by Company in the course of my employment, for one or more of
the Purposes (hereinafter defined), as set out below.

2. I likewise agree and consent to Company’s disclosure to third parties of my collected personal
data, including but not limited to insurance companies, financial institutions, government
agencies, and external auditors for purposes indicated in Annex D-1, as well as for my continued
employment with Company, and as may be required under laws, rules, and other regulations.

3. I acknowledge that my personal data have been or will likewise be collected, used, disclosed and
processed by Company for purposes which include, but are not limited to, the following:

(a) assessment and provision of employee entitlements such as determining and providing
salaries, health care benefits, training, work leave, and any other contractual benefits;
(b) improvement and maintenance of effective employee administration;
(c) management of work activities and personnel;
(d) facilitation of communication with me at my workplace through use of my workplace
address, telephone number, and email address;
(e) sharing of data by Company with its parent company, subsidiaries and affiliates, and to
third party service providers or agents, which may be sited outside of the Philippines, for
any of these purposes;
(f) preparation of documents necessary or desirable for the performance of my employment
contract, and pursuant to my and Company’s employer-employee relationship;
(g) complying with reportorial, filing, and other legal requirements under the law, or as
required by any request or direction of any governmental authority, or responding to
requests for information from public agencies, offices, statutory boards or other similar
authorities;
(h) storing, hosting, backing up (whether for disaster recovery or otherwise) of my personal
data, whether within or outside the Philippines;
(i) responding to legitimate complaints, queries and/or requests by clients in connection with
any work I am performing for Company, third party contractors with whom Company has
entered valid agreement/s with, and regulatory government agencies in connection with
the exercise of their statutorily mandated functions;
(j) sending information about any administrative changes, updates and/or amendments to
Company’s policies, terms and conditions;
(k) organizing seminars, events or other marketing/promotional activities and posting of
personal data obtained due to the said activities;
(l) handling any and all legal or other claims arising out of my employment with Company;
and/or
(m) any other purposes which Company will notify me at the time of obtaining my consent

1
“Personal Data” refers to all types of Personal Information and Sensitive Personal Information that are
under the custody of the disclosing party.

“Personal Information” refers to any information, whether recorded in a material form or not, from which
the identity of an individual is apparent or can be reasonably and directly ascertained by the entity
holding the information, or when put together with other information would directly or certainly identify
an individual.

“Sensitive Personal Information” refers to Personal Information:

(i) about an individual’s race, ethnic origin, marital status, age, color, and religious, philosophical or
political affiliations;
(ii) about an individual’s health, education, genetic or sexual life of a person, or about any
proceeding for any offense committed or alleged to have been committed by such individual, the
disposal of such proceedings, or the sentence of any court in such proceedings;
(iii) issued by government agencies peculiar to an individual, which includes, but is not limited to,
social security numbers, previous or current health records, licenses or its denials, suspension or
revocation, and tax returns;
(iv) specifically established by an executive order or an act of the Philippine Congress to be kept
classified.

10
Employment Contract

(collectively, the “Purposes”).

4. I understand that my personal data shall only be retained for as long as necessary for: a) the
fulfilment of the declared and legitimate Purposes specified herein, or when the processing
relevant to such Purposes has been terminated, b) for the establishment, exercise or defense of my
and Company’s legal claims, or c) for any other legitimate business purpose.

5. As a data subject, I understand that my rights, to the extent recognized by Republic Act No.
10173, otherwise known as the Data Privacy Act of 2012, its Implementing Rules and
Regulations, and other applicable laws (collectively, the “DPA”), shall be respected by Company.
This includes my rights to information, object, access, rectification, erasure or blocking, damages
and data portability. For these purposes, I understand that Company shall adopt the necessary
physical, organizational, and technical security measures required under the relevant law, rules,
and regulations.

6. I represent and warrant that all the personal data provided by me to Company in the course of my
employment shall be true and correct, and that I have read and understood all of the above
provisions.

7. For any questions or complaints regarding Company’s handling of my personal data or


Company’s compliance with the DPA, I will contact the Company’s DPO.

Mail:

Entrego Express Corporation, Powerfill Gasoline Station Compound, Km.39 McARthur Highway,
Barangay Dakila, Malolos City, Bulacan

I have read and agree to the above:

________________________ ______________
Signature above Printed Name Date

11

Das könnte Ihnen auch gefallen