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This CONTRACT entered into this _______ day of ___________________ 20______ at _____________________,
Cavite, Philippines, by and between:
- and –
Imperial, Christine Jane P. of legal age, single/married, and with residential address at
Blk. 10 Lot 38 Fenol St., Greenbreeze III, Brgy. San Agustin I Dasmarinas, Cavite
hereinafter referred to as the “EMPLOYEE” or “PROBATIONARY EMPLOYEE”.
W I T N E S S E T H THAT:
WHEREAS, the EMPLOYEE has qualified in the pre-employment requirements conducted by the EMPLOYER;
WHEREAS, the EMPLOYER will test the skills, demeanor and fitness of the PROBATIONARY EMPLOYEE in order to determine whether
or not he/she will qualify as its Regular Employee and hereby engages the latter’s services under PROBATIONARY ARRANGEMENT
pursuant to Article 281 of the Labor Code of the Philippines;
WHEREAS, the EMPLOYER is interested in engaging the services of the EMPLOYEE as an ADMIN STAFF;
NOW, THEREFORE, for and in consideration of the foregoing premises, the parties hereby agree as follows:
Should the EMPLOYEE pass or qualifies the employment standards set by the EMPLOYER, a Notice of Appointment as a Regular
Employee shall be issued in his/her favor by the EMPLOYER. Otherwise, should the EMPLOYEE fail to qualify, his/her employment shall
be terminated and/or considered to have ended upon expiration of the foregoing Contract. A written notice to such effect shall be issued
by the EMPLOYEER.
However, the foregoing Contract can also be shortened or terminated by the EMPLOYER even without waiting for the completion of the
Probationary Employment Duration upon the issuance of a written notice to the PROBATIONARY EMPLOYEE, if during such period, it is
apparent that he/she fails to qualify the employment standards set by his EMPLOYER or his/her work performance does not merit
regularization and his/her continued stay would not be beneficial to the EMPLOYER. Such reason shall be indicated in the EMPLOYER’s
written notice. It is further agreed that such shortening or termination of Probationary Employment Contract shall not be construed by the
parties hereto as a breach of Contract and the right of the EMPLOYER to do so is hereby expressly recognized by the PROBATIONARY
EMPLOYEE. The determination of whether or not the PROBATIONARY EMPLOYEE qualifies as a Regular Employee is the sole
prerogative of the EMPLOYER and the PROBATIONARY EMPLOYEE, by virtue of this agreement, is expressly agreeing with such
determination and hereby undertake that he/she will never question said determination at any time and in any forum.
3. PLACE OF WORK. The PROBATIONARY EMPLOYEE shall be based at the EMPLOYER’s principal office, any of its offices or Project
Site, and the EMPLOYEE is expressly agreeing that he/she will abide by and agree to his/her assignment and place of work in view of the
nature of his EMPLOYER’s business.
4. JOB DESIGNATION/POSTION.
The PROBATIONARY EMPLOYEE is hereby hired as an ADMIN STAFF under the Admin Department. He/she will be directly reporting
to _______________________ (cite his/her immediate officer).
5. WORK RELATIONSHIP BASIS.
The PROBATIONARY EMPLOYEE agrees that the basis of his/her work relationship with the EMPLOYER is TRUST and CONFIDENCE
and he/she shall promote and support the plans, programs and policies of his/her EMPLOYER notwithstanding his/her temporary
deployment to a particular Project or Job Site and will not leak nor disclose without any written authority any confidential information
obtained by him/her in the course of his/her employment with the EMPLOYER. Furthermore, the PROBATIONARY EMPLOYEE commits
himself/herself to protecting the interests, welfare of his EMPLOYER and the prerogatives of its Management.
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CONTRACT OF PROBATIONARY EMPLOYMENT (SUWASO WINDS)
It is hereby further agreed, and the EMPLOYEE hereby acknowledges, that during the period of his/her probationary employment, he/she
shall not be entitled to the compensation and benefits extended by the EMPLOYER to its regular employees, except those granted by law.
Notwithstanding incidents when the EMPLOYER granted benefits, bonuses or allowance other than those defined in this contract, such
incidents are not to be considered as an established practice or precedent and shall not form part of the benefits, bonuses and allowances
due and demandable under this Contract of Employment.
8. MEDICAL/DRUG TEST.
Unless waived by the EMPLOYER, the EMPLOYEE hereby consents and agrees to undergo at a government accredited hospital or
medical institution or clinic to be selected by the EMPLOYER, a medical/drug test or examination at the expense of the EMPLOYEE. This
is to be carried out as a pre-employment requirement for the purpose of determining the EMPLOYEE’s physical and mental fitness to
perform his/her job.
9. ASSIGNMENT OF TASK/WORKPLACE.
On signing this contract, the PROBATIONARY EMPLOYEE recognizes the right and prerogative of the EMPLOYER to assign and reassign
him/her, without limitation, to perform such other work tasks (which he/she is qualified to perform) within the organization of the
EMPLOYER or any of its offices or Job Sites, wherever located as it may deem necessary or beneficial. Such prerogative includes the
power of the EMPLOYER to assign and/or reassign him/her to other work venue/s.
By virtue of the signing of this Agreement, the PROBATIONARY EMPLOYEE expressly recognizes that he/she is fully aware of the
reasonable employment standards and/or criteria set by the EMPLOYER in its evaluation delineated hereunder:
a) Commitment and dedication to the job;
b) Loyalty to the company;
c) Honesty and Trustworthiness;
d) Professionalism, attendance and punctuality;
e) Work quality and output;
f) Development/progress in learning the job and improving skills;
g) Work attitude and good interaction with company officers, co-employees, customers/clients and/or business affiliates.
11. DISCIPLINARY MEASURES.
Upon signing this Contract, the PROBATIONARY EMPLOYEE hereby recognizes the right of the EMPLOYER to implement reasonable
administrative measures and impose disciplinary sanctions, which may include, but are not limited to, among others, termination of
employment, imposition of suspension without pay, fine, demotion, reimbursement or restitution of damages, etc., for any and all offenses
or infractions, acts or omissions, irrespective of whether such act or omission constitutes a ground for termination, for as long as the
PROBATIONARY EMPLOYEE is accorded the basic due process prescribed by law and jurisprudence.
12. CONFIDENTIALITY/NON-DISCLOSURE AGREEMENT.
During and after the Employment Period and for a period of One (1) Year from the completion of his/her contract of employment,
termination or separation from the EMPLOYER, the PROBATIONARY EMPLOYEE shall not disclose or appropriate to his/her own use or
for the use by others, any secret or confidential information or knowledge pertaining to the business of his/her EMPLOYER, or of any of
its subsidiaries or business affiliates as well as clients, obtained by the PROBATIONARY EMPLOYEE in any way while he/she was
employed by the Company or while deployed to a Client’s Project or Job Site of his/her EMPLOYER. The transmission of data and bringing
them out of the employer’s or client’s business establishment, unless permitted in writing by the EMPLOYER or by the Client or its/their
duly authorized representative, is strictly prohibited and considered a ground for dismissal/termination of employment upon observance
of the basic due process requirement.
13. NON-COMPETITION AND NON SOLICITATION/ANTI-PIRACY.
PROBATIONARY EMPLOYEE hereby covenants that at all times during his/her employment with the EMPLOYER and for a period of One
(1) Year after termination or cessation of his/her service with it, he/she will NOT DO the following:
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CONTRACT OF PROBATIONARY EMPLOYMENT (SUWASO WINDS)
(a) Accept employment with a Competitor as well as Client of the EMPLOYER regardless of whether or not he/she is deployed in that
particular Client’s Project or Job Site. A Competitor is one who is engaged in the same line of business as the EMPLOYER.
(b) Engage in any business or enterprise (whether as owner, partner, officer, director, consultant, investor, lender or otherwise, except
as the holder of not more than One Percent (1%) of the outstanding stock of such corporate entity or business establishment) that
directly or indirectly competes with his/her EMPLOYER’s business or businesses of the business or businesses of any of its
subsidiaries affiliates anywhere in the world.
(i) Solicit or facilitate the solicitation and enticement/induce (“Pirating” or “Piracy”), of any employee of his/her EMPLOYER
or employee of any of its subsidiaries by any organization, party or entity, to leave the employ of Suwaso Winds
Technology Construction, Inc. or any of its subsidiaries for any reason whatsoever, during his/her employment with
Suwaso Winds Technology Construction, Inc. or for a period of One (1) Year following the termination or cessation of
his/her employment.
(ii) Solicit for employment, hire or engage as an independent contractor, or assist any organization, company or person in
soliciting, hiring or engaging as an independent contractor any personnel under the employ of Suwaso Winds
Technology, Inc. or any of its subsidiaries, during his/her employment with the said company or for a period of One (1)
Year following the termination or cessation of his/her employment.
(iii) Solicit business from or perform services for any customer, supplier, licensee or business establishment with
existing business relationship with Suwaso Winds Technology Construction, Inc. or any of its subsidiaries which became
known to the PROBATIONARY EMPLOYEE during his/her employment with Suwaso Winds Technology Construction,
Inc. as well as induce or attempt to induce, any such corporate entity to cease doing business with his/her EMPLOYER
or any of its subsidiaries, or in any way, adversely interfere with the relationship between any such entity and Suwaso
Winds Technology Construction, Inc. or any of its subsidiaries, or discourage any potential client of Suwaso Winds
Technology Construction, Inc. or any of its subsidiaries from doing business with said EMPLOYER or any of its
subsidiaries.
Should the PROBATIONARY EMPLOYEE leave the employ of his/her EMPLOYER without complying with this particular provision, he/she
stands liable to settle and reimburse his/her EMPLOYER all the expenses incurred by the EMPLOYER for such training or seminar. In
addition, thereto, the PROJECT EMPLOYEE shall be liable for Liquidated Damages under Section 15 hereof.
a. Intentional or unintentional violation of the EMPLOYER’s (or CLIENT’s) rules and regulations, policies and memoranda, as
embodied in the EMPLOYER’s Code of Conduct, if there be any;
b. Commission of an act which effects a loss of trust and confidence on the part of the EMPLOYER with regard to the
PROBATIONARY EMPLOYEE’s ability to satisfactory perform the duties and requirements of his/her employment;
c. In the event that the PROBATIONARY EMPLOYEE is incapacitated by ill health, accident of physical or mental incapacity from
fully performing his/her duties with the EMPLOYER for an aggregate period of Fifteen (15) days during the duration of this
Contract, such incapacity being duly certified as such by a public health officer/doctor/physician acceptable to the EMPLOYER;
d. Moonlighting or performing other job or work task with another employer or party, while still employed with the EMPLOYER,
unless the same is with the express written consent or permission of the latter;
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CONTRACT OF PROBATIONARY EMPLOYMENT (SUWASO WINDS)
This Contract of Probationary Employment represents the entire agreement between the EMPLOYER and the PROBATIONARY
EMPLOYEE and supersedes all previous oral and written communications, representations, or agreements between the parties.
IN WITNESS WHEREOF, the parties have hereunto executed this Contract as of the date and place first mentioned.
By:
___________________
Engr.ARIEL C. GUEVARRA
President & CEO
______________________________ ____________________________
Ms. DONNA MAY F. GARCIA Ms. JANE F. FAMILARA
HR Assistant VP-Admin/Finance
ACKNOWLEDGMENT
BEFORE ME, a NOTARY PUBLIC for and in ____________________, this _________ day of ___________________ 20_____ at
_______________________, personally appeared the following persons showing me pursuant to the 2004 Rules on Notarial Practice their
respective Competent Evidence of Identities indicated here below, to wit:
By:
and who represented, declared and affirmed to me that they are the same persons who executed the foregoing instrument and acknowledged to
me that the same is their true, free and voluntary act and deed as well as that of the corporation herein represented.
This instrument, consisting of Six (6) Pages, has been signed by the parties and their instrumental witnesses on each and every page
hereof, has been sealed with my notarial seal and relates to a “Contract of Probationary Employment”.
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CONTRACT OF PROBATIONARY EMPLOYMENT (SUWASO WINDS)
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