PROJECT/CONTRACTUAL BASED EMPLOYMENT CONTRACT
KNOW ALL MEN BY THESE PRESENTS:
This Contract of Employment is executed this ______________ at *Insert City
Name* by and between made this (insert date) by:
*INSERT COMPANY NAME*. a corporation duly organized and existing in
accordance with laws of the Republic of the Philippines, with principal office
at _____________________, represented in this act by its President, (state name),
hereinafter referred to as the EMPLOYER;
-AND-
(Name of Employee), of legal age, Filipino and a resident of (state address),
herein referred to as the EMPLOYEE.
WITNESSETH: THAT –
WHEREAS, the Employer is engaged in *Insert Business Type Here*;
WHEREAS, Employee manifests and guarantees that he/she possesses the
requisite qualities and competencies needed by the Employer in the conduct
and course of its business; as well as expressly acknowledges and consents
to this casual employment arrangement;
WHEREAS, due to the above representations, the Employer offers the
Employee the above-mentioned position as a project-based employee;
NOW THEREFORE, the parties hereby agree as follows:
EMPLOYMENT PERIOD
Employment Period – The employment commences on *Insert Date Here*
until project completion and/or otherwise pre-terminated by the client,
provided that the following pre-employment requirements have been
accomplished and submitted prior to the 1st day of work: *Insert Date Here*.
Unless otherwise directed, the ordinary working hours shall be from 9:00
a.m. to 6:00 p.m., with a one-hour meal break. The ordinary workdays shall be
from Monday to Saturday except as otherwise instructed.
COMPENSATION:
Employee will receive a gross basic monthly rate of PHP__________________,
subject to withholding tax, SSS premiums, Pag-ibig contributions, Philhealth
dues and other government-required deductions. After deductions, the net
income shall be payable on the 15th and 30th of the month. Annual and
incremental salary adjustments and merit increases may be effected on a
case to case basis and upon the recommendation of the immediate manager
and upon approval of management.
DUTIES AND RESPONSIBILITIES
Employee shall perform the duties and responsibilities that his position or
job necessarily entails, as may be contained in his job description or as may
be reasonably assigned to him by the company from time to time. The
specific duties and responsibilities of Employee are contained in the
corresponding Scope of Work and Job Description, which herein Employee
acknowledges to have read and understood as a condition for his
regularization and entitlement to other benefits and promotion.
Employee is obliged to perform his duties loyally, independently and
industriously to help meet the goals and objectives of the Company and is
expected to carry out these responsibilities to the best of his knowledge and
abilities in order to protect and advance the interests of the Company, its
principals, and its employees.
MONETARY BENEFITS AND LEAVES
Unless otherwise provided in the company policies, statutory monetary
benefits and leaves will be provided to the Employee whenever due and
proper.
VIOLATIONS AND DISCIPLINARY ACTIONS
Except as otherwise modified in the company policies, labor law grounds for
disciplinary action, including termination, is hereby adopted and
incorporated by reference.
PLACE OF WORK
Employee’s primary place of work will be ______ City, Philippines, Employee
agrees that Employer may transfer him to any other location as may be
required by the exigencies of the business, the organizational requirements
of the company and the responsibilities of Employee’s position. Employee
may be required to travel from time to time.
HOURS OF WORK
Employee shall render a minimum of eight (8) hours of work per day and
report for work at least five (5) days per week. It is understood that
Employee is being employed with a level of confidence and degree of
responsibility that may further require him to render work beyond normal
business hours for which Employee may be justly remunerated.
COMPANY POLICIES
The Employee hereby agrees and consents to the terms and conditions
stated in company policies, which are incorporated herein by reference and
made an integral part hereof.
OVERTIME WORK
In case the demands of business or the company would require Employee to
work more than his regular work schedule, he may be required to render
overtime work and shall be entitled to overtime pay as provided by law.
Overtime work is not compensable for managerial employees unless
otherwise declared by management.
DECORUM
Employee shall observe and comply with all company rules and regulations
written or otherwise. Employee shall devote his entire working time to the
Employer and shall have no direct or indirect interest in any firm or entity,
whether for profit or not, directly in competition with or offering the same
services as Employer nor shall Employee take any interest that is conflicting
or inimical to Employer.
NON-COMPETITION AFTER EMPLOYMENT
In the event Employee is separated or terminated from employment for
whatever reason, he shall not seek employment in a local or foreign firm
doing business in the Philippines nor establish or set up a business offering
similar services for a period of one (1) year from date of separation or
termination, without the prior notice to Employer.
INTELLECTUAL PROPERTY
The Company shall be entitled to sole ownership of any intellectual property
rights including but not limited to software programs, hardware
specifications and other property rights created, developed and discovered
by Employee while in the course of his employment with the Company,
including all registrations for the same.
NON-DISCLOSURE
Employee acknowledges and confirms that this contract must remain
confidential. Except as may be legally required by competent authority or
applicable statutes, the parties hereto shall not make any unauthorized
disclosures of the terms and conditions embodied in this contract.
CONFIDENTIALITY
In order to safeguard the Company’s interest and the confidentiality of its
business and affairs, Employee agrees that during the term of his
employment and from and after the actual cessation of his employment he
shall maintain strict confidentiality and shall not disclose any technical,
business, financial or commercial information, methods, processes,
inventions (whether covered by intellectual property protection or not or
whether marked confidential or not) including but not limited to: customers.
customer lists or requirements, price lists, pricing structures, marketing and
sales information, business plans or dealings, employees or officers,
financial information, product lines, research activities, plans, designs and
formula, whether authored by employee or otherwise.
Failure to comply with this confidentiality undertaking shall be construed and
considered as gross Misconduct and shall be deemed a ground for the
termination of his employment.
UNDERTAKING
Employee shall work exclusively for the benefit of the company. Employee
warrants that he shall comply with all his undertakings and obligations set
forth in this Contract and shall indemnify Employer of any actual losses,
damages, costs and expenses, including attorneys’ fees incurred as a result
of the breach of this Agreement or his willful act, omission, fraud or
negligence.
TERMINATION
Employer reserves the right to terminate or cancel this Contract after
observing due process for just or valid causes. Termination may be due to
any. But not necessarily limited to the following:
Inefficiency;
Incompetence;
Tardiness;
Insubordination;
Breach of confidentiality and non-disclosure
Violation of company’s intellectual property rights
Just and authorized causes enumerated in Article 282. 283. And 284 of the
labor code;
Other causes provided in the Company Rules and Regulations; and Other
analogous causes.
ACCEPTANCE OF TERMS AND CONDITIONS OF EMPLOYMENT
Employee’s affixing of his signature on the herein Employment contract
means that:
Employee has read and fully understood the terms and conditions hereof and
accepts the same;
The terms and conditions for the employment arrangement have been clearly
communicated to and accepted by him/her at the time of his engagement.
IN WITNESS WHEREOF, we hereunto affix our signatures on the date and at
the place first above written.
*Insert Company name* ______________________
Employer Employee
By:
________________________
President
Signed in the presence of:
_______________________________ _________________________________
ACKNOWLEDGMENT
Republic of the Philippines)
_____________________ ) SS.
BEFORE ME, a Notary Public for and in ___________________________ this
______________________ personally appeared the following persons whose
identities I have confirmed through competent evidence of identity bearing
their pictures and signatures as described below:
NAME TYPE OF ID. NUMBER DATE AND PLACE
OF
ISSUANCE/EXPIRY
DATE
all known to me to be the same persons who executed the foregoing
instrument consisting of ____ pages including this page where the
Acknowledgment is written and they acknowledged to me that the same is
their free and voluntary act and deed as well as that of the entities that they
respectively represent.
WITHNESS MY HAND AND SEAL at the place and on the date first-above
written.
Doc. No. _______;
Page No. _______;
Book No. ______;
Series of _______.
