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MEMORANDUM OF UNDERSTANDING

KNOW ALL MEN BY THESE PRESENTS:

This Memorandum of Understanding is made and entered into this ____ day of
_______, 2017 at ________________________ Philippines, by and among:

Sonny and Marsha Holdings, Inc., a private institution duly set and organized and
existing under and by virtue of the laws of the Republic of the Philippines with a Branch
Office at 2nd floor Panregalo Home Décor Building, Purok Obrero, Barangay Dadiangas
North, Along National Highway, General Santos City, represented by its Chief Executive
Officer, Ms. HELEN KAYE LAYCO

And

___________, a of legal age and a resident of _______,an employee of Sonny and


Marsha Holdings, Inc. with principal office at 2nd floor Panregalo Home Décor
Building, Purok Obrero, Barangay Dadiangas North, Along National Highway, General
Santos City General Santos City.

WITNESSETH

WHEREAS, It is the belief of the Employer that the Employee possesses those skills,
qualifications, and abilities necessary to contribute to and further the aims of the
Employer’s business.

WHEREAS, The terms and conditions of this agreement of employment shall be as


prescribed below.

WHEREAS, The terms and conditions contained herein override and supersede any
terms and conditions of employment that may have applied prior to the date of
application of this agreement.

WHEREAS, The terms and conditions contained herein may be varied by agreement
between the employer and the employee.

WHEREAS, This agreement shall come into force on ______. A three month
probationary period is a condition of first appointment to a position with the employer.
The employer will make a review of performance in the position during this period. If
you fail to meet the employer’s required standards, you shall be subject to the
employer’s disciplinary procedures which could lead to dismissal either during or at the
end of the probationary period.
NOW THEREFORE, for and in consideration of the foregoing premises, undertakings
and of the mutual covenant hereinafter set forth, the parties have agreed as they
hereby agree as follows:

1. POSITION/LOCATION

The employee is engaged as a __________.The employee agrees to carry out all


reasonable instructions and to undertake any work reasonably required by the
employer. The employee shall in all respects comply with the directions, responsibilities
and policies given and made by the employer.

The Employee shall undergo a probationary period of six (6) months commencing on
________________________. You recognize and accept that the probationary period is
necessary in order for the Company to determine your fitness for regularization.

The employees place of work is [Insert address] and other premises as required. ie.
clients and suppliers.

2. HOURS OF WORK

2.1 The employee’s ordinary hours are 9.00 am to 5.00pm Monday to Saturday.

2.2 The employee may also be required to work on Sundays from 7.30 to 12 noon.
The employee recognizes that there are times where the hours of work require
flexibility.

2.3 OVERTIME WORK - In case the demands of business require you to work more
than your regular work hours, you may be required to render overtime work. You must
obtain prior written authorization from your immediate superior and/or section head for
such overtime work. Should you fail to comply with this requirement; the company will
not consider any overtime work performed as legitimate and compensable.

2.4 The employee shall be allowed an unpaid meal break of on each day
taken at a time as agreed with the employer. The employee shall also be allowed to
two 10 minute paid breaks for morning and afternoon tea.

2.5 Punctuality is important. The employee is to be prepared and ready to


commence work at the appropriate starting time on each day. If the employee is unable
to attend work on any day or is going to be late then they shall personally advise their
manager as soon as possible but in any case no later than their normal start time.
3. COMMISSION

3.1 The employee’s earnings are entirely commission based and are in full
consideration of the requirements of the position in respect to hours, days, and times of
employment and shall be payable every fifteen - (15) days, subject to applicable
withholding taxes and other deductions including but not limited to SSS, PHilhealth and
HDMF.

[insert actual details of commission arrangement]

3.2 - You shall perform the duties and responsibilities that your position or job entails,
as indicated in your Appointment Letter and Job Description or as may be reasonably
assigned to you from time to time by your superiors. You shall be reporting directly to
____________________.

4. DECORUM - You shall observe and comply with all company rules and
regulations that now exist or may hereafter be promulgated.

4.1 INTELLECTUAL PROPERTY - The company shall be entitled to sole ownership of


any intellectual property rights including but not limited to property rights created,
developed and discovered by you while in the course of your employment with the
company, including all registrations for the same and you shall do all acts necessary
and/or required to give effect to this provision.

4.2 NON- DISCLOSURE - You acknowledge and confirm that this contract is
confidential. Except as may be legally required by competent authority or applicable
laws, you shall not make any unauthorized disclosures of the terms and conditions
embodied in this contract.

4.3 CONFIDENTIALITY OF COMPANY RECORDS - In order to safeguard the


Company’s interest and the confidentiality of its business affairs, you agree that during
the term of your employment, you shall maintain strict confidentiality and shall not
disclose any financial or commercial information, methods, processes, inventions
whether covered by intellectual protection or not. You shall not take out of the company
premises any property, articles and materials without the prior written consent from
Management. You agree that any willful breach of this obligation of confidentiality shall
constitute grounds for termination of your employment.

4.4 RESIGNATION - Should you resign prior to the expiration of this contract, you
must give prior written notice of your interest at least thirty (30) days before effective
date thereof unless earlier accepted by Management. For those with training contracts,
Employees are required to pay the binding amount as indicated in the Training
Contract.

5 ELEVATION OF EMPLOYMENT STATUS / TERMINATION - Upon the expiration of


the contract period, your probationary status may be elevated to regular status
depending on your fitness for regularization. The Company reserves the right to
terminate or cancel this contract after observing due process for just or valid reasons.

5.1 Termination or dismissal of an employee are Indicated to the clauses of the


Code Of Conduct of the Company.

5.2 EFFECT OF PRIOR ARRANGEMENTS - This agreement supersedes any prior


agreement between the Company or any predecessor of the Company and the
employee, except that this agreement shall not affect or operate to reduce any benefit
or compensation inuring to the employee.

6. ORAL MODIFICATIONS NOT BINDING - This instrument is the entire agreement


of the Company and the Employee. Oral changes have not effect. It may be altered
only by a written agreement signed by the party against whom enforcement of any
waiver, modification, extension, or discharge is sought.

For the COMPANY Employee

______________________________ ______________________________

Business Permit No: __________ Community Tax No: __________

Date of Issue: ________________ Date of Issue: ________________

Place of Issue: _______________ Place of Issue: _______________

SIGNED IN THE PRESENCE OF:

_______________________________ ________________________________
ACKNOWLEDGEMENT

Before me, a Notary Public in the City of General Santos, personally appeared
______________________________ and _________________________________ with
their Identification Card indicated above, known to me to be the same persons who
executed the foregoing instrument and they acknowledged to me that the same is their
free will and voluntary deed and that the institutions herein represented.

Witness my hand and seal on this ______ day of _______________ 2017 in General
Santos City.

Doc. No. ________:


Page No. ________: Notary Public
Book No. ________:
Series of _________:

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