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This Employment Contract is executed and entered into this ___________, by and
between:
-and-
WITNESSETH THAT:
NOW THEREFORE, for and in consideration of the foregoing premises and mutual
covenants herein contained, the parties hereto hereby agree as follows:
I. PURPOSE
The Purpose of this Contract is to set forth the terms and conditions of employment
between the EMPLOYER and the EMPLOYEE. The parties recognize the need to
maintain and encourage harmonious and mutually beneficial relations between
them. Thus, the parties institute herein, within the framework provided by law, the
foregoing terms and conditions for an effective working relationship at all levels
between the EMPLOYER and the EMPLOYEE.
B. The functions and duties of the EMPLOYEE as (name of position), as well as,
the reasonable standards required for such position, shall be provided by the
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EMPLOYER in writing after the signing of this Contract, to which the
EMPLOYEE shall sign and conform to;
D. After conforming to the duties and functions, as well as, reasonable standards
set by the EMPLOYER for the position of (name of position), the
EMPLOYEE acknowledges that she was informed by the EMPLOYER and
was made known of her functions and duties, and the reasonable standards
required by the latter of such job and position as (name of position).
IV. COMPENSATION
A. The wages of the EMPLOYEE for all actual work shall be fixed at PESOS:
___________________ (Php________.00) per month. The EMPLOYEE shall
also be entitled to other wage-related benefits, as provided hereunder.
B. Wages of the EMPLOYEE shall be paid at least once every two weeks or twice
a month at intervals not exceeding 16 days.
C. The EMPLOYEE shall also be entitled to the following benefits during the
duration of his employment:
A. The EMPLOYEE, upon the signing and execution by the parties of this
Contract, shall also sign and conform to the Schedule of Disciplinary
Actions and Penalties of the EMPLOYER, signifying therein that the
EMPLOYEE has read and understood the company’s rules and regulations,
and acknowledged the corresponding penalties for violations thereof. It shall
be understood that the Schedule of Disciplinary Actions and Penalties
shall automatically form part of this Contract.
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B. The EMPLOYER may suspend the EMPLOYEE for valid grounds and in
accordance with the Schedule of Disciplinary Actions and Penalties. A
Memorandum or Notice to Explain shall first be given to the EMPLOYEE,
who shall have the option to submit a written explanation or answer thereto.
After a positive finding which shall warrant a penalty of suspension, the
EMPLOYER shall furnish the EMPLOYEE a Notice of Suspension which
shall be in writing and shall set forth the reasons for such suspension.
C. The EMPLOYER may also terminate the EMPLOYEE for valid and sufficient
grounds, including those not covered by just and authorized causes under
the Labor Code of the Philippines, and in accordance with the Schedule of
Disciplinary Actions and Penalties.
F. All notices shall be personally served to the EMPLOYEE. If after exerting all
reasonable efforts, said notices are still not personally served to the
EMPLOYEE for whatever reason, the EMPLOYER shall serve the said
notices by registered mail or through private mail courier to the
EMPLOYER’s last known address.
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2. Provided to the EMPLOYEE by a third party without any restriction on
disclosure and without breach of any obligation of confidentiality to the
EMPLOYER; or independently developed by the EMPLOYEE without
use of the Confidential Information.
D. During the entire duration that the EMPLOYEE works for the EMPLOYER,
and after the termination of employment, regardless of the reason for the
termination, the EMPLOYEE shall not, directly or indirectly, use, divulge,
share or pass on to any third person or anyone outside of his/her work with
the EMPLOYER, any confidential information as defined herein.
F. All Confidential Information disclosed shall belong and remain with the
EMPLOYER. Nothing in this Contract shall be construed as granting or
conferring any rights whatsoever, including without limitation any
intellectual property rights, whether expressly or impliedly, or otherwise, in
respect of the Confidential Information to the EMPLOYEE, and the
Confidential Information shall be used only for purposes related to the work
and duties of the EMPLOYEE.
A. During the entire duration that the EMPLOYEE works for the EMPLOYER,
and for a period of three (3) years following the termination of employment,
regardless of the reason for the termination, the EMPLOYEE shall not,
directly or indirectly, anywhere in the Philippines, perform the same or
substantially the same work and duties she had with the EMPLOYER, for any
other person or entity which is, or would be, competitive with the existing
business of the EMPLOYER.
B. During the same period abovementioned, the EMPLOYEE shall not, directly
or indirectly, engage in any business within the Philippines, which is, or
would be, competitive with the existing business of the EMPLOYER.
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C. Within three (3) years after the termination of the employment, the
EMPLOYEE agrees that she shall not, directly or indirectly, whether for
his/her personal benefit or in behalf of any individual, company or business,
contact, deal with or otherwise become involved with any client introduced,
directly or indirectly, by or through the EMPLOYER, its owner/s, officers or
staff.
D. The EMPLOYEE agrees that during the term of her relationship with the
EMPLOYER, and for three (3) years after the termination thereof, regardless
of the reason for the termination, the EMPLOYEE shall not, directly or
indirectly, solicit or attempt to solicit any business or service from any of the
EMPLOYER’s clients for her personal benefit.
E. The EMPLOYEE also agrees that during the term of her relationship with the
EMPLOYER, and for three (3) years after the termination thereof, regardless
of the reason for the termination, she shall not, directly or indirectly, on her
own behalf or in behalf of or in conjunction with any person or legal entity,
recruit, solicit, or induce, or attempt to recruit, solicit, or induce, any other
employee or client of the EMPLOYER, to terminate their relationship with,
or to file any claims against, the latter.
F. Any breach of the obligations contained in this Paragraph may cause the
EMPLOYER irreparable harm, injury, loss and damage, the extent of which
may be impossible to ascertain. Accordingly, in addition to any other
remedies the EMPLOYER may have in law or in equity, the EMPLOYER
shall be entitled to recover damages from the EMPLOYEE in the amount of
not less than PESOS: __________ (Php_______.00), and to be indemnified
from any loss or harm, including but not limited to attorney’s fees, arising
out of or in connection with any breach of the EMPLOYEE's obligations
under this Contract.
B. This Contract shall not be modified or any rights under it waived except by a
written document executed by all parties.
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_____________________________ _____________________________
EMPLOYER EMPLOYEE
ID Type & No.: ____________________
Represented by:
_____________________________
ID Type & No.: ____________________
ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in Davao City, Philippines, personally
appeared the above PARTIES whom I have identified through their respective competent
evidence of identity as indicated above and who represented themselves to me to be the
same persons who executed the foregoing EMPLOYMENT CONTRACT, consisting of six
(6) pages including the page on which this Acknowledgment is written, the same having
been signed by the parties and their witnesses on each and every page hereof, and
acknowledged and sworn to me that the same is their own free act and voluntary deed.
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