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SERVICE AGREEMENT

KNOW ALL NEW MEN BY THESE PRESENTS:

This Service Agreement is entered and made this _19th__ day of _JUNE 2019_ and
between:

1. KAYAKO MANPOWER SERCVICES INC. a corporation duly organized and existing


under the laws of the Republic of the Philippines with office address at 2/F Zeta Bldg.
25D 191 Salcedo Legaspi Village, Makati City duly represented by its President, Ms.
AMERIZA MAY R. GABRIEL , hereinafter referred to as the “CONTRACTOR”.

2. PREMIERE GLOBAL LAND REALTY 888 INC. a corporation duly organized and
existing under the laws of the Republic of the Philippines with office address at 2224
Don Roces Ave. cor Don Bosco St., Makati City, duly represented by its President, Mr.
NEAL JOSE O. GONZALES., hereinafter referred to as the “CLIENT”.

WITHNESSETH:

WHEREAS, the CONTRACTOR is engage in the business of providing manpower


services as well as pay-rolling services of office, factory and technical workers and/or personnel
on a project and/or contractual basis;

WHEREAS, the CLIENT signifies its intention to engage the services offered by the
CONTRACTOR and the latter has agreed to furnish its services to the former.

NOW THEREFORE, for and in consideration of the faithful compliance with all the
terms, provisions, conditions and covenants hereinafter contained, the parties hereby agrees to
the following terms and condition, to wit:

1. The contractor shall provide the clients, pursuant to its specification and
requirement, manpower services consisting of trained and qualified Production
Workers/Baggers and Helpers who shall perform their duties under the contractor’s
control and supervision in accordance with the standards and requirements of the
CLIENT.

2. The CONTRACTOR shall supply the personnel mentioned in paragraph 1thereof as


the CLIENT may need from time to time, provided that one (1) week notice shall be
given to the CONTRACTOR to supply the personnel needed by the CLIENT.

3. ALL personnel supplied or assigned by the CONTRACTOR to the CLIENT must be


physically, morally and mentally fit to perform the services or work required of
them based on the specifications and needs of the CLIENT and shall further be
required to furnish documents showing good moral character, favorable police/ NBI
Clearance and medical certificate attesting to their physical fitness for the work or
services that they will perform.

4. The CONTRACTOR shall also require the personnel it assigned to the CLIENT to
properly accomplish a DAILY time record to be submitted to the CONTRACTOR.
The said daily time record shall faithfully reflect the actual hours worked by the
personnel assigned to the CLIENT, including work done in excess of eight hours of
any day. The said daily time record shall also be furnished and easily accessible to
the CLIENT.
5. It shall be the obligation of the CONTRACTOR to ensure that its personnel assigned
to the CLIENT faithfully accomplish their daily time record. Any discrepancies in
the daily time record of the personnel shall be considered as loss or damages caused
to the CLIENT for which the CONTRACTOR shall be liable in accordance with
paragraph 8(B) hereof to the CLIENT.

6. The CLIENT shall determine the number of personnel to be assigned to perform the
services required by it and at any time and for whatever reason, increase or decrease
such number or request for relief or reassignment service and operation, the
CONTRACTOR shall, at all times, make available replacement and/ or reliever as the
CLIENT may advise or require.

7. The Contractor, being the employer of the personnel supplied to the CLIENT, shall
be responsible in processing all statutory obligation of an employer required by law,
such as application and payment of SSS membership, Philhealth, Pag-ibig and
withholding tax of the personnel.

8. The CONTRACTOR shall:


A. Not be liable for loss or damage due to
I. Fortuitous Events or act of God
II. Incident that are beyond the control and competence of the Personnel to
prevent
III. Fault or negligence of the CLIENT or its employee, unless the loss or
damages was incurred through: a) act of the employee of the CLIENT in
connivance with the personnel assigned by the CONTRACTOR which
contributed to the loss of the CLIENT; b) Act of the employee in
connivance with the CONTRACTOR itself; c) act of the personnel which
contributed to the loss of the CLIENT.
B. The Contractor shall post a performance bond in the amount of not less than
Fifty Thousand Pesos (PHP50, 000.00) to answer for any damages and/or loss the
client may sustain in the event that personnel assigned to the CLIENT is found to
be responsible to the loss or damages caused to the employer. This is without
prejudice to other remedies available to the CLIENT.

In any event, the CONTRACTOR shall undertake to discipline and remove the
erring personnel and replace him/her with another personnel without any additional
payment on the CLIENT’s part.

9. The CONTRACTOR obligates itself to inform the CLIENT if it is engaged by another


corporation or entity which is in the same line of business as the CLIENT or a
competitor of the CLIENT. In such event, the CONTRACTOR shall not render it
services to the said entity without the prior written consent of the CLIENT. In the
event that the CLIENT gives its consent, the CONTRACTOR shall guarantee that
none of the personnel assigned to the CLIENT shall be assigned to the said entity.

10. The contractor, for all legal intent and purposes shall be the employer of the
personnel assigned to the CLIENT by virtue of this agreement. As the employer of
the personnel, the contractor shall assume full responsibility for the wages and
benefits of the personnel in accordance with the Labor Code of the Philippines.
Consequently, the CLIENT agrees not to employ the personnel assigned to it by the
CONTRACTOR as its regular/permanent employees or cause the transfer of the
CONTRACTOR’s employees to another manpower agency for whatever reason
without the consent of the CONTRACTOR.
11. In the Event that the CLIENT is sued or be hold liable by any personnel assigned to
it by the CONTRACTOR in relation to their employment, salaries, wages or benefits,
the CONTRACTOR shall be liable for the entire amount that will be collected or
received by the said personnel from the CLIENT, including the cost of suit plus One
Hundred Thousand Pesos (Php100, 000.00) as liquidated damages.

12. For and in consideration of the services herein rendered by the CONTRACTOR, a
fee based on the agreed rate by both parties shall be billed to the CLIENT every 1 st
day on the week in which the CLIENT shall pay the CONTRACTOR within five (5)
days from receipt of the said bill. In the event that CONTRACTOR failed to give the

bill on time, the 5 days grace period shall be counted on the actual day of the receipt,
but in no way shall the CLIENT be billed more than twice in a week.

13. The Parties herein agreed on the following rate per personnel effective on the date
stated above, to wit:

Based on Wage Order No. NCR-22-18

Particular Daily Rate

Minimum Daily Rate Php 537.00


13th month Pay Php 44.75
Incentive Leave Php 8.66
Maternity Leave Base on Labor Code only when availed
Paternity Leave Base on Republic Act No. 8187 only when availed

Mandatory

SSS Php 43.36


Pag-ibig Php 3.87
Philhealth Php 7.43
ECC Php 0.39

Total Direct Cost Php 645.46


Service fee 10% Php 64.56

Total Bill per personnel/day PHP 710.01

A 3% Percentage tax in lieu of 12% VAT will be added to the Service Fee

14. The rate agreed upon by the parties herein for each personnel supplied by the
CONTRACTOR shall include the daily rate of the personnel including the benefits
that he/she is entitled. Any night shift differentials, overtime and holiday pay shall
be based on the daily rate agreed upon by the parties.

15. Any violation of the provisions, terms and conditions of this contract by either party
shall subject the erring party to pay damages in an amount of One Hundred
Thousand Pesos (Php100,000.00). This is without prejudice to other remedies
available to the aggrieved party.
16. It is understood by the parties herein that this agreement shall neither constitute a
contract of employment between the CLIENT and the CONTRACTOR nor between
the CLIENT and the personnel assigned by the CONTRACTOR to it, but shall be
considered merely as a contract specifying the terms and conditions under which the
parties shall perform their obligation herein provided.

17. This Agreement shall be effective for five (5) months year from the date it’s signing
on June 19, 2019 – October 2019.

18. In the event that the CLIENT desires to renew this agreement, the CLIENT shall
signify its intention to do so one month prior to the expiration of the said agreement.
Once the CLIENT has signify its intention to renew the agreement and the renewal
of this agreement extend even after the expiration of this agreement, this agreement
shall continue to be in force and effect until a new agreement is entered into by the
parties.

19. In the event new legislation that would increase the minimum wage or gives
additional benefits including new mandatory schedules of SSS, PhilHealth and
HDMF Pag-ibig to employees are created, the parties shall comply with the new
legislative as provided in the implementing guidelines of the said legislative and the
corresponding note for the personnel assigned to the client who are affected by the
new legislation should be adjusted accordingly effective on the date provided by the
said law or legislation.

20. In the event that any provision of this agreement is declared by competent authority
to be unlawful or against public policy, the remaining provision of this agreement
which are not affected by the said declaration shall remain in full force and effect if
agreement could still stand without the provision declared unlawful.
IN WITNESS WHEREOF, the parties here to affixed their signature this______ day of
_______, 2019 at Quezon City.

PREMIERE GLOBAL
KAYAKO MANPOWER SERVICES INC. LAND REALTY 888 INC.
Represented By: Represented By:

____________________________ ___________________________
AMERIZA MAY R. GABRIEL NEAL JOSE O. GONZALES
President President

SIGNED IN THE PRESENCE OF:

_______________________________ ______________________________
Jeodimel O. Coronado Marissa C. Francisco
ACKNOWLEDGEMENT

BEFORE ME a Notary Public of______________, on this ____day of __________________,


_______, personally appeared the following persons:

Name I.D./TIN No. Date/Place of issue

AMERIZA MAY R. GABRIEL 2282-949-487-000

NEAL JOSE O. GONZALES 116-071-382-000

JEODIMEL O. CORONADO 112-092-883-000

MARISSA C. FRANCISCO 116-071-116-000

Known to me to be the same person who executed the foregoing Service Contract and
acknowledge to me that the same is their free and voluntary act and deed as well as the company
that they represent.

This Service Agreement consist of five (5) pages including this page where the
acknowledgement is written, and signed by the parties and their instrumental witnesses on the
space provided on the left margin of every page hereof.

WITNESS MY HAND AND SEAL in the place and date first above mentioned.

Doc. No.__________
Page No.__________
Book No.__________
Series of 20________

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