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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
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 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 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.
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.
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.
4.2 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.
4.4 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.
______________________________ ______________________________
_______________________________ ________________________________
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.