INDIVIDUAL FIXED-TERM EMPLOYMENT CONTRACT
DISTRIBUIDORA MOLINA GUERRERO SAS
900.662.794-4
EMPLOYER'S ADDRESS: CL 38 A 27 68 VILLA JULIA
MIGUEL ANGEL CACERES RAYO
WORKER'S ADDRESS: CR 33 # 5 B 28 LA VEGA
1.052.413.631
June 21, 1998
COLOMBIAN
September 16, 2019
$ 828,116
POSITION TO BE PERFORMED: WAREHOUSE ASSISTANT
Villavicencio - Meta
INITIAL TERM OF THE CONTRACT: 16 - SEPTEMBER - 2019
September 16, 2020
PAYMENT PERIODS: BIWEEKLY
Between THE EMPLOYER and THE WORKER, of the aforementioned conditions,
identified as appears at the bottom of their signatures, the present has been celebrated
individual employment contract, governed also by the following clauses:
FIRST: OBJECT. THE EMPLOYER hires the special services of
WORKER and he agrees: a) To put at the service of the EMPLOYER all his
normal work capacity in performing the duties specific to the trade
mentioned and in the ancillary and complementary tasks thereof, in accordance
with the orders and instructions given to him by the EMPLOYER directly or to
through its representatives. b) To provide its services exclusively to
employer; that is, not to provide labor services directly or indirectly
of any kind to other EMPLOYERS, nor to work for oneself in the same
office, during the term of this contract; and c) To maintain absolute confidentiality about
the facts, physical and/or electronic documents, information and in general, about
all matters and subjects that come to their knowledge due to or on occasion
of their employment contract.
SECOND: REMUNERATION. The EMPLOYER will pay the WORKER for the
presentation of their services the indicated salary, which cannot be less than
current legal minimum wage, payable biweekly. Within this payment there
includes the remuneration for Sunday and holiday breaks of which
they deal with chapters I, II, and III of title VII of the C.S.T.
THIRD: NON-SALARIED PAYMENTS: The parties have mutually agreed and
in accordance with the provisions of articles 15 and 16 of Law 50 of 1990, in
in accordance with what is stated in article 17 of Law 344 of 1996, they agree that
the agreed extralegal benefits will not have salary nature and/or
prestational, as indicated in Article 128 of the Substantive Code
Work and therefore will not be taken into account as a salary factor for the settlement.
of labor claims, nor the payment of parafiscal contributions.
The Company reserves the right to unilaterally terminate these
benefits without granting any kind of consideration, or acquiring any
responsibility.
FOURTH: DURATION OF THE CONTRACT: The initial term of the duration of the contract
it will be the one indicated above. If before the deadline of this term,
neither party will notify the other in writing of its decision not to extend
the contract, with less than thirty (30) days' notice, will be understood as renewed
for a period equal to the initially agreed upon. In the case of a fixed-term contract
fixed term of less than one year may only be successively extended the contract by
three (3) additional periods to the initial one, equal to or less than, after which the
the renewal term cannot be less than one year and so on. Regarding
from the payment of vacations and service bonuses, it is established that in compliance with
the provisions in article 46 of the C.S.T. amended by article 3 of law 50 of
In 1990, THE WORKER will have the right to payment for vacation and service bonus.
in proportion to the time worked, whatever it may be.
FIFTH: WORK DAY. The WORKER unless expressly stipulated
and written in reverse, is required to work in the shifts and hours specified by the
EMPLOYER, who may change or adjust them when deemed convenient.
By the express or tacit agreement of the parties, they may distribute entirely or partially.
the hours of the ordinary workday. Similarly, the parties agree from the
signing of this contract that the service may be provided in the shifts of the
flexible workday contemplated in article 51 of law 789 of 2002.
SIXTH: PROBATIONARY PERIOD: The parties agree to a probationary period of 30
days, which is not more than one fifth of the initial term of this contract, nor
exceeds one (1) month. During this period, both THE EMPLOYER and THE
WORKER may terminate the contract unilaterally, at any time,
without causing any compensation payment, in accordance with the provisions
in Article 80 of the Substantive Labor Code modified by Article 3° of the
Decree 617 of 1954. In case of extensions, it will be understood that there is no new period.
for trial, in accordance with the provisions of Article 78 of the C.S.T., amended by
Article 7 of Law 50 of 1990.
SEVENTH: UNILATERAL TERMINATION. Just causes to terminate
this contract unilaterally terminated by either party, the
enumerated in articles 62 and 63 of the C.S.T. modified by article 7° of
Decree 2351 of 1965 and also, by the EMPLOYER, the violation of the
provisions established in the Company Code of Conduct, the offenses that
for the purpose of being classified as serious in the Internal Work Regulations and
other regulations and documents that contain regulations, orders,
general or particular instructions or prohibitions, agreements, rulings
arbitration and those that expressly agree to qualify as such in documents that form
an integral part of this contract. They are expressly qualified in this act as
serious offenses the violation of obligations and prohibitions contained in the clause
first of this contract.
EIGHTH: CONFIDENTIAL AND RESERVED DOCUMENTS AND INFORMATION.
Based on the consideration of treating all information as confidential and reserved that
THE WORKER receives from the EMPLOYER or from third parties due to his position, that
includes, but not limited to the described elements, the object information of
copyright, patents, techniques, models, inventions, know-how, processes
algorithms, executable programs, research, design details, information
financial, client list, investors, employees, business relations and
contractual, business forecasts, marketing plans and any
information revealed about third parties, except for that which is expressly and by
written it is stated that it does not have such character, or the one that is available for
the general public, THE WORKER is obliged to:
a) Refrain from disclosing or using information related to the work or
activities developed by the COMPANY, nor during the duration of the
employment contract nor after its termination for up to 2 years, whether with
third natural or legal persons, nor with personnel from the same COMPANY nor
authorized to know confidential information unless expressly authorized by
EMPLOYER.
b) Deliver to the EMPLOYER all files at the end of the employment contract.
in original or copies with confidential information that you have in your possession, already
whether it is found in written documents, graphics, or magnetic files such as
video, audio or floppy disks.
c) In case of violation of this confidentiality during the term of the contract
work and the two years following its completion, the employee will be
responsible for the economic damages caused to the employer who will be able to
initiate the corresponding criminal and civil actions.
NINTH: AUTHORIZATION OF COMPENSATIONS. THE WORKER authorizes
that at the end of this employment contract, for any reason, THE
EMPLOYER compensates the value of salaries, legal benefits or
extra-legal payments, compensations and other types of money to be paid at the time of the
settlement, the amounts that THE WORKER owes to the COMPANY, for
the following concepts:
a) Loans properly authorized in writing.
b) Value of lost and damaged work elements and merchandise or
damaged under their responsibility and that will be missing at the time of doing
inventory delivery.
c) The values that have been entrusted to him for management, and that have been
abused for other purposes to the detriment of the COMPANY.
d) The advances or amounts not legalized with the required invoices or receipts.
that were given to him for expenses or trips, as well as the value of the tickets
unreturned aerials.
TENTH: EMPLOYER OBLIGATIONS. In addition to the obligations
contained in Article 57 of the Substantive Labor Code, the EMPLOYER is
To timely fulfill the labor obligations assumed
with the worker that corresponds according to the nature of the service that
borrow.
ELEVENTH: MODIFICATION OF LABOR CONDITIONS.
WORKER expressly accepts all the modifications of his
working conditions determined by the EMPLOYER in the exercise of their power
subordinating, such as shifts and work hours, the place of provision of
service, the position or profession and/or functions and the form of remuneration, provided that
such modifications do not affect their honor, dignity or their minimum rights, nor
substantial deterioration or serious harm to him, in accordance with
the provisions of article 23 of the C.S.T. amended by article 1 of Law 50
from 1990.
TWELFTH: WORKER'S ADDRESS. THE WORKER to
all legal effects and especially for the application of paragraph 1 of the article
29 of Law 789 of 2002, a regulation that modified article 65 of the C.S.T., commits to
inform the EMPLOYER in writing and immediately of any change in
your residential address, having as its own, in any case, the last address
registered in your resume.
THIRTEENTH: EFFECTS. This contract fully replaces
nullifies any other contract, verbal or written, entered into between the parties
previously, the parties may agree in writing to modifications to it,
those that will be an integral part of this contract. For the record, it is signed in two
or more copies of the same tenor and value, in the presence of witnesses, one copy of which
the WORKER receives in this act, in the city and date indicated at
continuation.
VILLAVICENCIO - META, SEPTEMBER 16, 2019
THE EMPLOYER THE WORKER
_________________________
C.C or NIT C.C.