Documente Academic
Documente Profesional
Documente Cultură
SANGALANG
MARVYN A. GAERLAN
GERALD DICK B. BARO
GERARD NELSON C. MANALO
NATHALIE PATTUGALAN
Lawyers
11 March 2019
EMPLOYMENT AGREEMENT
We are pleased to inform you that your application for employment with Sangalang and Gaerlan,
Business Lawyers has been approved under the terms and conditions set forth in this Employment
Agreement, and its annexes, which are incorporated herein by reference and is an integral part hereof.
1. Employment Date
Your employment will commence on 11 March 2019 and shall continue until death,
disability/inability, retirement, resignation or termination in accordance with the provisions of
this Contract and labor laws.
2.1 Subject to the terms of this Agreement, you are hereby engaged as Paralegal Specialist I of the
Company. Your duties and responsibilities are outlined in the attached ANNEX A.
2.2 You represent and warrant that you are and will be qualified, competent, and willing to
perform your duties and responsibilities to the best of your abilities and in accordance with the
requirements of the business of the Company throughout the term of your employment with
the Company.
2.3 You hereby recognize the right and prerogative of the Company to change your duties and
responsibilities according to the Company's needs.
3. Probationary Period
3.1 You will be on probation, and your probation period will be, for a period of not more than one
hundred (180) days from the Start Date, which period will end on 9 September 2019.
3.2 Your employment is conditioned upon your submission of the pre-employment requirements
outlined in the attached ANNEX B.
3.3 During the probationary period, your employment may be terminated at any time if you fail to
meet the performance standards and guidelines for regularization set forth in the attached
ANNEX C.
3.4 You hereby acknowledge that it is the sole prerogative of the Company to evaluate your
performance and decide whether you are qualified to become a regular employee.
3.5 Without prejudice to the provisions of Section 3.3 above, your employment during the
probationary period may also be terminated in accordance with Section 12 below.
4.1 The Employee shall receive a monthly rate of Twenty Thousand Pesos (PhP20,000.00),
including all benefits, allowances and monetary remuneration which the EMPLOYER may
grant. The EMPLOYEE hereby agrees and acknowledge that his monthly rate already includes
payment for all days of the month, including regular, special and special non-working
holidays.
4.2 As PARALEGAL SPECIALIST 1, the Employee shall not be entitled to additional holiday pay,
premium pay (both for special holidays and rest days), overtime pay, night shift differential
pay, and other benefits, incentives, rewards and privileges that are not expressly mentioned in
this Employment Contract.
4.3 Subject to the terms hereof, your salary will be payable on the 15 th and 30th of the calendar
month and you will be provided with an ATM account for payroll purposes provided that you
submit on time, based on company policy, all documents needed by the bank.
4.4 You will be eligible to receive 13th month pay as provided by law, which will be paid to you
on or before the 24th of December of each calendar year and, pro-rated according to the
number of months of service during the year, provided you have rendered service for at least
one (1) month during said year.
4.5 Benefits arising from social security legislation will be expressed as a percentage of your
monthly salary credit. Social Security, PhilHealth and Pag-IBIG and any other compulsory
contributions will be based on the prevailing schedule of contributions issued by relevant
government agencies.
5. Discretionary Benefits
5.1 The Company may from time to time, and at its sole discretion, provide you with certain
benefits other than those mandated under relevant laws.
5.2 You agree and acknowledge that, unless you are informed in writing that a benefit or item of
compensation will be provided by the Company on a regular basis, any and all payments or
benefits received by you in relation to or during your employment with the Company is a
discretionary benefit, which you have no right to demand from the Company.
6. Leave Benefits
6.1 Upon the completion of at least twelve (12) months of service with the Company and the
Company’s confirmation that you have met the performance standards and guidelines for
regularization in accordance with this Agreement, you will be entitled to the leave credit
below per calendar year, pro-rated based on your date of employment:
6.2 Your unused vacation leaves (maximum of 5 days) are commutable to cash at the end of the
year. Furthermore, you will be eligible for mandatory leave benefits provided by law as well
as other leave benefits as provided in the company policy.
7. Working Hours
7.1 You acknowledge and accept that the Company’s regular working days are Mondays to Saturdays,
and regular work hours begin at 9:00 a.m. and end at 6:00 p.m. or at any shift schedule the
company may assign you for a total of 40 hours in a workweek. You agree and acknowledge that
the Company will have the sole prerogative to opt out workweek arrangement at any time, and to
revise your work schedule based on the needs of the Company.
7.2 You understand and agree that the principle of “No Work, No Pay” shall apply in case no work
is rendered.
8. Rest Day
Subject to the terms of this Section 8, you will have one (1) rest day per week or every Sundays
or any schedule of which will be determined by the Company through prevailing company
Policies.
9. Holidays
The Company observes all statutory holidays. However, because of the nature and business
needs of the Company, some flexibility may be demanded including working on public
holidays.
10. Reimbursements
Subject to the terms hereof, the Company will reimburse all monies, which have been
reasonably incurred by you in the course of your employment with the Company and in the
performance of your duties and responsibilities, provided that the guidelines and procedures
for incurring expenses have been observed.
11.1 During your employment with the Company, you agree to and will comply with the Company's
policies and procedures that may be put in place from time to time by the Company.
11.2 The Company may adopt, vary or rescind these policies from time to time in its absolute
discretion and without any limitation (implied or otherwise) on its ability to do so.
11.3 You further agree that it is your responsibility to make yourself aware of any and all Company
policies, rules and regulations, whether printed, posted, available electronically or in any other
form of communication.
12.1 Your employment may be terminated by the Company, subject to due process as provided by
law and jurisprudence, for any just or authorized cause pursuant to the relevant provisions of
the Philippine Labor Code.
12.2 In addition to the just and authorized causes for the termination of employment enumerated in
the relevant provisions of the Code, the following acts and/or omissions will similarly
constitute valid grounds for imposing disciplinary action including the termination of your
employment with the Company:
(a) Intentional or unintentional violation of the policies, rules and regulations of the
Company;
(b) Commission of an act which results in a loss of confidence on the part of the Company
with regard to your ability to satisfactorily perform the duties and requirements of your
employment;
(c) Serious misuse or abuse of the Company's property, facilities and/or resources;
(d) Commission of an act which may constitute a crime or offense against the Company or
any of its representatives;
(e) Failure to attain a satisfactory grade in two consecutive performance evaluation made
by the Company or its representatives;
(g) Directly or indirectly participating, engaging and/or entering into personal business
arrangement involving products and/or services of the Company or products and/or
services of the competitors of the Company;
(k) Gross negligence in the performance of duties and requirements of your employment;
(a) Any outstanding obligations, claims, or amounts you owe and is payable to the
Company shall be paid at the date of termination. The Company reserves the right to
take any legal remedy or action against you to ensure full payment of its claims.
(b) You agree that all Company records, documents, and properties including without
limitation all written or machine readable materials, software, computers, credit cards,
keys, vehicles and property leased by the Company that are in your custody or control
will be immediately surrendered to the Company, if requested, during your
employment, and at the termination of your employment with the Company without
need of any demand; and
(c) You must not record or retain any confidential information in any form after termination.
12.4 Should you decide to resign from the Company, you agree that you will provide the Company
with at least thirty (30) days written notice prior to your resignation. However, you agree that
the Company may, at its sole discretion, waive this one (1) month advance notice requirement;
in which case, your employment shall cease immediately upon acceptance by the Company of
your notice of resignation.
13.1 During your employment with the Company, you agree not to become associated as an owner,
partner, consultant, agent, employee, or in any other capacity with any business which
furnishes products or services similar to those of the Company or its affiliates. For purposes of
this Agreement, an “affiliate” is any company owned by or is under common control with the
Company.
13.2 You hereby represent and warrant that you are not subject to any restrictions, agreement,
arrangement (including but not limited to any non-compete restriction), court order that
would directly or indirectly restrict you from entering into this Agreement or from fully
performing your duties and responsibilities pursuant to this Agreement.
13.3 You will indemnify, defend and hold the Company and its representatives harmless from and
against any and all claims, made or threatened, arising from any such restrictions (including
but not limited to, any non-compete restriction) that directly or indirectly restricts you from
entering into this Agreement or from fully performing your duties and responsibilities
pursuant to this Agreement.
13.4 You will also indemnify the Company for any amount of damages that the latter may suffer
thereby.
14.2 During, and for twenty-four (24) months after the date of the termination of, your employment
with the Company, regardless of the cause of the termination, you must not directly or
indirectly call, solicit, canvass or approach:
(i) any existing or potential customer, client, supplier, vendor, or contractor of the Company
with whom you worked, had material dealings, or gained knowledge of within the twenty-
four (24) months prior to the termination of your employment for the purpose of
soliciting any business, buying or selling goods or services, or seeking employment; or
(ii) any employee of the Company, or any other member of the Paladins of Leadership and
Wisdom Inc., who is employed in a senior, managerial, technical, supervisory, sales,
marketing or financial capacity, or in any confidential position, for the purpose of hiring
or engaging the same, whether as an employee, agent, independent contractor or in any
other capacity.
14.3 Any violation, whether actual or prospective, of this clause can cause grave and irreparable
injury to the Company; thus, the latter shall be entitled to the issuance of a restraining order
and/or injunction to prevent such violation or further violation. Moreover, you shall be liable
for liquidated damages in the aggregate amount of PHP100, 000.00 for every such violation.
15.1 You agree to hold and maintain any confidential information that you may have obtained in
your employment with the Company in strictest confidence for the sole and exclusive benefit
of the Company.
15.2 At all times, both during your employment and after its termination, you agree to keep
confidential and not to use or disclose any confidential information, proprietary information,
trade secrets, or anything relating to them without the prior written consent of a duly
authorized officer of the Company, except as may be necessary in the ordinary course of
performing the duties of your employment.
15.3 If you are asked to disclose any confidential information pursuant to a final order issued in a
valid legal process, you agree to promptly give prior written notice of such disclosure
requirement to the Company.
15.4. Any violation, whether actual or prospective, of this clause can cause grave and irreparable
injury to the Company; thus, the latter shall be entitled to the issuance of a restraining order
and/or injunction to prevent such violation or further violation. Moreover, you shall be liable
for liquidated damages in the aggregate amount of PHP100, 000.00 for every such violation.
16.1 All information and documents you provide and submit to the Company (including your resume,
application forms, etc.) before the commencement of your employment, or at any time thereafter,
are material and relevant, and form the basis of the Company’s offer of employment to you. The
veracity, accuracy and completeness of the information provided to the Company by you, or on
your behalf, are standing conditions for your continued employment in the Company. Any false,
inaccurate or misleading information shall result in the rescission of the Company’s offer of
employment to you and/or the immediate termination of your employment.
16.2 You consent to the processing and use of your personal data obtained and recorded by the
Company for legal, personnel, administrative and/or management purposes.
16.3 You further consent to the transfer of your personal data or information to third parties
including those who provide products or services to the Company (such as payroll
administrators), legal counsel, regulatory authorities, and potential clients of the Company.
16.4 Subject to the provisions of the Data Privacy Act of 2012, you (1) agree to the conduct of checks by
the Company or any third-party service providers engaged by the Company to conduct such
checks; (2) consent to the processing, analyzing and accessing of all your personal data and
information by, and disclosure thereof to, whenever necessary, relevant officers of the
Company, or any third-party service providers engaged by it; and (3) authorize the Company
or any of its authorized representative to access your personal information and records kept
and maintained by the Social Security System Head Office and/or relevant branch/es.
17.1 You acknowledge that the Company's telecommunications system and its components and all
forms of communications made, transferred via, and/or stored on the IT systems are the
property of the Company.
17.2 For the protection of its employees, clients/customers and business, the Company reserves the
right to monitor, intercept, review and access your telephone log, internet usage, voicemail,
email and all other hardware/equipment and communication/telecommunication facilities
provided by the Company which you may use during your employment. The Company will
use this right of access reasonably but you agree that all communications and activities on the
Company’s IT systems will not be considered private. In this regard, you agree to abide by the
terms of the Company’s policies regarding the use of all information technology,
telecommunication and communication resources provided by the Company, including but
not limited to email, telephone, mobile communication devices and the use of social
networking sites.
18.1 You agree and acknowledge that during your employment with the Company, the Company
will be entitled to sole ownership and will solely own, any and all intellectual properties that
you will write, create, conceive, or develop, including but not limited to product design,
industrial design, software, hardware specifications, trademarks, logos, inventions, web
design and content, advertising materials, and other intellectual properties.
18.2 You agree that you will promptly disclose to the Company the following:
18.2.1 All Intellectual Properties that you made, created or conceived (either alone or with
other co-workers) during the term of your employment, at the Company’s premises, with the
use of the Company’s equipment, materials and other properties, or in relation to the
performance of your functions or to the business of the Company;
18.2.2 All Intellectual Properties that will be written, created, conceived or developed by you
(either alone or with others) based on proprietary or confidential information regarding or that
belongs to the Company.
18.2.3 Any documentation relating to Intellectual Properties described under Sections 18.2.1
and 18.2.2
18.3 You hereby assign to the Company any and all of your rights, title and interest in and to the
Intellectual Properties contemplated under this Section 18, whether in the Republic of the
Philippines and throughout the world, including applications for patents, registrations,
renewals or reissuances, in relation to any such Intellectual Properties.
18.4 You agree to extend utmost cooperation with the Company in any registrations or applications
relating to the Intellectual Properties contemplated under Section 18, or in protecting,
prosecuting or defending any or all of the Company’s Intellectual Property Rights.
18.5 Subject to the terms of this Section 18, you agree to keep and maintain adequate and current
written records of all Intellectual Properties, which you agree to surrender to the Company upon
its request. Upon surrendering such records to the Company, you agree not to keep and to
destroy any and all copies thereof.
19.1 This Agreement is to be governed and construed by the laws of the Philippines, without
regard to conflict of laws principles thereunder.
19.2 You agree that the Company cannot be adequately compensated for any breach or violation of
Sections 13, 14 and 15 of this Agreement. Accordingly, you agree that the Company will be
entitled to temporary and permanent injunctive relief to enforce the provisions of Section 13,
14 and 15 and that this relief may be granted without the necessity of proving actual damages.
19.3 You agree that the matter of seeking injunctive relief for any breach or violation of Sections 13, 14,
15 and 18 of this Agreement is within the jurisdiction of regular courts and you hereby waive any
claim that any regular court from which the Company will seek injunctive relief has no or lacks
jurisdiction over the Company’s claim for injunctive relief against you or that the venue of the
proceedings is improper. With respect to any initiative of the Company to seek injunctive relief
under this Section 19.3, you hereby irrevocably and unconditionally (a) consent and submit to the
exclusive jurisdiction of any court located in Quezon City, and (b) waive any objection to the
laying of venue of any such action in any court located in Quezon City.
20. No Waiver
The Company’s failure at any time to insist on performance of any provision of the Agreement set out
in this letter is not a waiver of its right at any later time to insist on performance of that or any other
provision of the Agreement set out in this letter.
21. Severability
You agree that the provisions of this Agreement are severable, and if any one provision is found to be
unenforceable in whole or in part, the remainder of the Agreement will remain valid and enforceable.
22.1 This Agreement sets out the entire agreement and understanding between the Company and
you relating to your employment and this Agreement supersedes all prior discussions
between the parties.
22.2 You understand and acknowledge that except as set out in this Agreement no other
representation or inducement has been made by the Company to you and that you have relied
on your own judgment and investigation in accepting your employment.
23. Counterparts
This Agreement may be executed in any number of counterparts and each of such counterparts will
for all purposes be deemed to be an original, and all such counterparts will together constitute but
one and the same document.
24. Acceptance
By: _______________________________
Jayson C. Clutario HR Administrator
__________________________________
Employer’s Representative
Name:
Date:
Place:
___________________________________
ACKNOWLEDGEMENT
IN WITNESS WHEREOF, I set my hand and affix my notarial seal on the date and place above
written.
Doc No:______
Page No:_____
Book No:_____
Series of 2019
JOB DESCRIPTION
Job Title: Paralegal Specialists
Reports to: Attys. Gerald B. Baro and Gerard Nelson Manalo
Manages: Paralegal and Liaison work.
Job Responsibilities
Attend hearings in various courts and government offices located at Quezon City,
anywhere in Metro Manila, Bulacan, Laguna, Cavite, Batangas, Pampanga, or anywhere
in the Philippines;
Draft position papers for DOLE Inspection proceedings, Appeals and similar
pleadings;
Carry out extra ordinary work beyond the ordinary business hours to oversee the
reproduction of pleadings and annexes in preparation of the filing of the same,
including weekend work, as may be required by the services required by the clients;
Submit draft pleadings three (3) days before the deadline for filing;
Prepare service reports for billing clients to whom you have rendered services
Interview clients at their workplace in preparation for the required pleadings to be filed;
Fully supervise paralegals to be under your supervision for paralegal work before
government offices;
Process documents and required papers for clients before the SEC, DOLE, Bureau of
Immigration, BIR, SSS, Philhealth and Pag-Ibig;
Attend seminars for accreditation for various government agencies as maybe assigned
by the Partners.
And other duties and responsibilities that may be assigned by your immediate
supervisor.
I have read this job description and I completely understand all my job duties and responsibilities. I
am able to perform the essential functions as outlined with or without reasonable accommodation. I
understand that my job may change on a temporary or regular basis according to the needs of my
immediate superior without it being specifically included in the job description. If I have any
questions about my job duties not specified on this description I am asked to perform, I should
discuss them with my immediate supervisor or to the company President.
I further understand that future performance evaluations and merit increases to my pay are based on
my ability to perform the duties and responsibilities outlined in this job description to the satisfaction
of my immediate supervisor.
_____________________________________ ______________
Employee’s Signature Over Printed name Date
11
ANNEX B: Pre-employment Requirements (Paralegal Assistant and General Office Staff)
You hereby Acknowledge that you are required to submit to Mr. Jayson C. Clutario within 30
days from the commencement of the employment agreement. The following documents are as
follow:
1. Resume
2. Application Letter
3. Residence Location Map
4. 2x2 and 1x1 colored ID picture
5. Birth Certificate
6. Marriage Certificate (if married)
7. Birth Certificate of Children (If applicable)
8. Transcript of Records (If applicable)
9. Diploma (If applicable)
10. Pre-employment Medical Exam (If applicable)
11. Drug Test (If applicable)
12. Police Clearance or
13. NBI Clearance or
14. Barangay Clearance
15. Photocopy of SSS ID / SSS Number
16. Photocopy of BIR ID or BIR Form 1902
17. BIR Form 2316 from previous employer
18. PHIC Number
19. HDMF Number
20. SSS Loan Details if any
21. HDMF Loan details if any
22. Certificate of Employment from previous employer
The company implements a merit-demerit system, focusing on the following main metrics:
Employee must be able to comply with the company’s policies when it comes to
attendance (tardiness policy, leave notification process, etc). Any infraction on this area
will result to incurrence of corresponding demerits in the metric system, and the issuance
of corresponding memorandum.
based on his/her:
• Quality of Work
✓
Level of Understanding / Comprehension Skills (Perceives instructions
and implements it accordingly; Ability to grasp law, procedure, systems
and processes)
✓
Quality of Work (Consistently meet quality expectations for the product or
service.
Complete work that is generally error free.
Complete the product or service with minimal waste of time or
resources. See jobs through to completion.)
✓
Timeliness (Delivers adequate amount of quality output in a timely manner;
Paralegal Assistant is able to deliver output within the required time frame;
Meets deadlines; Measures responsiveness in completing job tasks in a timely
manner.)
✓
Collaboration (Coordinates smoothly and communicates all matters;
Confirms, Clarifies and Validates)
✓
Job Knowledge - Measures effectiveness in keeping knowledge of laws,
procedure, methods, techniques and skills required in a law profession and
related activities and functions; remaining current on new developments in
law and jurisprudence affecting products and services.
3. Organizational Performance
✓ Meets client standards and goals at work
✓
Shares and exhibits the same vision as the company
✓
Works according to company expectations to attain a common desired
outcome
✓
Willingly accepts changes in assignments not directly related to job.
✓
Collaborates and shares ideas with the group to achieve a common goal
✓
Takes actions and performs his part in attaining the vision of the team
✓
Exemplifies a sense of accountability
✓
Openly presents ideas, alternative solutions, and/or contingency plans
✓
Shows ownership and responsibility of the tasks provided
✓
Openly accepts criticisms and take them as challenges
✓
Optimistic when faced with obstacles at work
✓
Shows eagerness to learn and grow
✓
Shows focus and good judgement when necessary
✓
Effectively manages resources and make use of time allotted efficiently
✓
Maintains quality of the results regardless of the challenges
✓
Proactive
✓
Exhibits the desire and energy to accomplish a task
✓
Can work independently or with minimum supervision
✓
Always presentable and comes to work in appropriate work clothes and
appearance
✓
Takes ownership of company facilities and treats them with responsibility
and care
✓
Maintains good and harmonious relationship with
colleagues
✓
Work When You're on the Clock
Respecting those you work with reveals your desire to create a healthy work
environment. Polite communication, appropriate interactions and respect for
co-workers' thoughts and ideas demonstrate your ability to look beyond your
own interests to pursue team-centered work goals. As you deal with co-
workers honestly and respectfully, you establish a level of trust with them.
Further, those who trust you will spread the word of that trust to their
associates, and word of your character will spread like wildfire.
✓
Exhibit Responsible Behavior
Integrity in the workplace often stems from moral and ethical behavior.
Making sure there's no reason to question your conduct is one of the best
ways to prove that you are an honest and dependable employee. Avoid using
company products or equipment for personal use and submit exact receipts
for travel or meal reimbursements. Don't over-promise what you can't
provide and strive to meet deadlines. Work productively and cooperate
during company meetings so you don't appear lazy or apathetic, and don't
call in sick if you aren't. By exhibiting responsible behavior, you don't give co-
workers or clients the opportunity to question your integrity.
Baseline
Learnings Sept 2016 Oct 2016 Nov 2016 Dec 2016
Score (0-10)
A. SOFT SKILLS
1. Resourcefulness and
Independence
2. Leadership
3. Initiative
4. Cooperation
5. Integrity
6. Dependability, Timeliness and
Promptness
7. High Quality Output
8. Reasonableness
9. Punctuality and Attendance
10. Meeting Deadlines set
11. Honesty
12. Integrity
13. People skills: ability to fit in with
the organization and team
culture
Baseline
Learnings Jan 2017 Feb 2017 Final Remarks
Score (0-10)
B. SOFT SKILLS
ACKNOWLEDGEMENT FORM
I have read this Performance Evaluation Standards for Probationary employees and I completely
understand what is expected of me to pass the probationary period.
____________________________________ ______________
Employee’s Signature over Printed name Date