EMPLOYMENT CONTRACT KNOW ALL MEN BY THESE PRESENTS: This Employment Contract is entered into this _______________ at Panglao, Bohol by and between: DIVE THRU RESORTS., a corporation organized and existing under the laws of the Philippines, having a principal place of business at Panglao Bohol, represented in this instance by ____________ and/or _____________ hereafter, !EMPLOYER" or !COMPANY"#$ And: %a&e of EMPLOYEE: '()% *+,+%-.+/ -esignation/Position .+/(.T (P+.0T1(% 2(%/3,T0%T /+.412+/ Pri&ary .esponsibilities To review and wor5 with the existing develop&ent tea&, 0dvisor, 2onsultants and recruited &anage&ent personnel to outline and create a world6class dive facility and resort. 0ddress _____________________________________________ 2ontact -etails _____________________________________________ WITNESSETH: WHEREAS, it is understood that all the benefits and privileges enu&erated herein are available only to regular EMPLOYEES of the co&pany, who have shown the re7uisite co&petence, diligence, and dedication to wor5. Probationary e&ployees are not covered by this 0gree&ent. WHEREAS, the EMPLOYEE has been accepted for the above described position as a regular EMPLOYEE of the co&pany, and in the course thereof represented hi&self/herself to be fully 7ualified and s5illed for the said position$ WHEREAS, by reason of the aforesaid representation, the COMPANY, will engage the services of the EMPLOYEE on a regular basis starting on the date abovestated. WHEREAS, the EMPLOYEE is willing to perfor& the functions for the EMPLOYER and to accept the responsibilities arising therefro&, co&&it&ent thereto sub8ect to the ter&s and conditions hereinafter provided$ NOW THEREFORE, for and in consideration of the foregoing pre&ises and ter&s and conditions, the parties hereto hereby agree: ARTICLE I - EMPLOYMENT EMPLOYER hereby e&ploys, engages and hires EMPLOYEE for the above described position, and for duties necessary to the operations of the 2o&pany. EMPLOYEE hereby accepts and agrees to such hiring engage&ent and e&ploy&ent, sub8ect to the general supervision and pursuant to the orders, advice, and direction of EMPLOYER. The EMPLOYEE shall perfor& such other duties as are custo&arily perfor&ed by one holding such position in other, sa&e or si&ilar businesses or enterprise as that engaged in by EMPLOYER and shall additionally render such other and unrelated services and duties as &ay be assigned to hi& fro& ti&e to ti&e by EMPLOYER, as the business need arises. The +*P,(9++ shall be under the direct control and supervision of the (wner, who will instruct and supervise the +*P,(9++ with his/her daily responsibilities, including the co&pany expectations that the +*P,(9++ &ust achieve. Pae ! o" # ARTICLE II - COMPENSATION, $ENEFITS AN% WOR&IN' CON%ITIONS Compensaton The EMPLOYEE shall receive a &onthly co&pensation of ___________________, in two pay&ents every :; th and <= th day of the &onth. *oreover, the EMPLOYEE shall receive, at the &ini&u&, the &andated benefits of the relevant labor laws of the Philippines. Wo!"n# Ho$!s The EMPLOYEE shall render wor5 for the co&pany on his own schedule whether on site or offsite, with ad8ust&ents to the schedule &ade according to operational de&ands agreed upon by both parties. 0ppropriate acco&&odations, including full board and lodging and ancillary support services will be provided by the .esort to the consultant when onsite should an overnight stay be re7uired. 1n this case, the EMPLOYEE who sees the inability to report for wor5 &ust find a suitable replace&ent and reco&&end it to his/her superior. The COMPANY reserves the right to vary the EMPLOYEE(S nor&al hours of wor5 at its discretion to &eet business needs and/or i&prove operational efficiency. The EMPLOYEE li5ewise agrees that in unforeseeable or e&ergency cases, the EMPLOYEE &ay be re7uired to report for wor5 with notice fro& the co&pany. Lea%e Bene&ts
0fter showing the re7uisite co&petence, diligence and co&&it&ent to his/her duties, the EMPLOYEE shall receive, as part of his/her benefits, a vacation leave of ________ for every one year wor5ed, which can be redee&ed one calendar year fro& the date of his/her regularization, and for every year thereafter. 3nused vacation leaves will not be &onetized. 1n the sa&e &anner, regular EMPLOYEES are entitled to sic5 leave of _________ days for every year of e&ploy&ent, without need of presenting &edical certificates. 1t is the duty of the EMPLOYEE to infor& his/her superior of the avail&ent of the sic5 leave at least one day before his/her shift or duty begins. ARTICLE III ) O$LI'ATIONS AN% $EST EFFORTS OF EMPLOYEE The EMPLOYEE shall devote his/her full ti&e and efforts to the acco&plish&ents of the duties that are assigned to hi&/her to the reasonable satisfaction of the COMPANY* EMPLOYEE agrees that he will at all ti&es faithfully, industriously, and to the best of his ability, experience and talents, perfor& all of the duties that &ay be re7uired of hi&, pursuant to the express and i&plicit ter&s hereof and to the reasonable satisfaction of EMPLOYER. /uch duties shall be rendered at the principal office of the EMPLOYER and at such other place or places as EMPLOYER shall in good faith re7uire or as the interest, need, business, or opportunity of EMPLOYER shall re7uire. The +*P,(9++ shall report directly to the owner while 5eeping the >eneral *anager of -ive Thru .esorts copied in all co&&unications. (n a day6to6day basis, the EMPLOYEE will interact and wor5 with any -esignated (wners representative, Pro8ect *anager, 0dvisor, .esort *anage&ent tea&, 2onsultants and other relevant resort personnel as needed. Pae + o" # The EMPLOYEE can interact on behalf of the -ive 2enter/.esort co&pany with individuals outside the )otel, including, but not li&ited to clients, suppliers, co&petitors, local -ive associations and other external sources of business. ARTICLE I, ) RESPONSI$ILITIES OF THE EMPLOYEE ? .eview and wor5 with the existing develop&ent tea&, 0dvisor, 2onsultants and recruited &anage&ent personnel to outline and create a world6class dive facility and resort. ? +stablish an 0ction Plan and 2hec5list to achieve the develop&ent goals of the -ive 2enter and .esort. ? 0dvise and assist in the recruit&ent of -ive and water6sport center staff. ? The results of the 2onsultancy services will provide the (wner and the /enior Personnel of the resort with the direction to develop the pro8ect and operational capabilities for the -ive and @ater6sport 2enter. ? To wor5 closely with *ar5eting -irector in pro&oting -ive Thru as a pre&ier -ive .esort in Bohol. ? The 2onsultant will wor5 with the (wners and >eneral *anager of -ive Thru .esorts to review and provide input and reco&&endations for the following options: Opt-on !: W-t. t.e -ntent-on o" r/nn-n t.e %-0e an1 Water-2port Center "/lly -n-.o/2e To provide input and reco&&endation for: o (rganizational /tructure o ,icensing A to be 7ualified as an (fficial P0-1 dive facility if needed# o /taffing >uidelines and division of functional responsibilities o Brief review of wage and salary schedules and policy o (perating policies and procedures including operating &anuals# o Budgets and 2osts o *anage&ent reports o +nticing .esort Pac5ages that will include dive trips/ snor5el trips/ 1sland )opping / @atersports /ea Baya5ing / @indsurfing / 0ll P0-1 -ive courses / 2a&era .entals# o -ive related wor5shops in which the resort can pro&ote and sell as tea& building pac5age for co&panies and associations o +nviron&ental Based @or5shops and activities both above and below water so that the guests can actively get involved in environ&entally and co&&unity based pro8ects while staying within -ive Thru .esorts or in the surrounding areas should circu&stances per&it o 0ll experienced staff in which to safely and successfully run and &anage all dive and water6sport related activities for .esort guests o 0ll safety standards and operating procedures to adhere to international regulations. To source suppliers/vendors for all rental e7uip&ent re7uired, which will include but not li&ited to: o @etsuits o @et boots o Cins o B2-s o .egulators o -ive 2o&puters o Tan5s o Baya5s Pae 3 o" # o *as5s o /nor5els To source suppliers/vendors/prices for water vehicles/boats Opt-on +: To 2o/rce an1 4or5 4-t. an e6-2t-n 1-0e "ac-l-ty 4.-c. 4-ll act a2 a conce22-on 4-t.-n %-0e T.r/ Re2ort2 4.ere a2 t.e re2ort 4-ll a-n a percentae o" t.e re0en/e ARTICLE , - OTHER EMPLOYMENT EMPLOYEE shall devote all his ti&e, attention, 5nowledge and s5ills solely to the business and interest of the EMPLOYER, and EMPLOYER shall be entitled to all of benefits, profits or other issue arising fro& or incident to all wor5, services, and advice rendered by the EMPLOYEE, and EMPLOYEE shall not, during the ter& hereof, be interested directly or indirectly, in any &anner, as partner, officer, director, stoc5holder, advisor EMPLOYEE or in any other capacity, in any other business si&ilar to EMPLOYERD/ business or any allied trade. ARTICLE ,I ) TERMINATION +ither P0.T9 &ay ter&inate this e&ploy&ent contract with :E days notice in writing to the other party, the fee due to the +*P,(9++ should be co&&ensurate to the wor5 already prefor&ed up to the date of ter&ination in accordance to the pay&ent schedule. 1n the event that the EMPLOYER ter&inate the e&ploy&ent of the EMPLOYEE even within the effective period of this 2ontract if the latter, upon notice and hearing, is found to have violated any of the ter&s and conditions hereof, or any 2o&pany rule, regulation, policy or instruction, or for any 8ust or authorized causes# under existing law and 8urisprudence. 1n the event the EMPLOYEE is ter&inated during the effective period of this 2ontract for reasons/causes other than the foregoing, the EMPLOYEE is entitled to receive severance pay in accordance with existing law and regulations. ARTICLE ,II ) NON-%ISCLOS7RE The +*P,(9++ and the +*P,(9+. agree that each party will not disclose trade secrets, progra&s, na&e of custo&ers, financial infor&ation or any other confidential infor&ation secured in connection with the partiesD involve&ent with each other. 0ny infor&ation obtained about -ive Thru .esorts 2o&pany or any other related co&panies during the course of this agree&ent will be confidential and proprietary and &ay not be disclosed without prior written consent of either party. ARTICLE ,III - OTHER TERMS AN% CON%ITIONS (ther Ter&s and 2onditions A 1n addition to the foregoing duties and responsibilities: a. The EMPLOYEE shall not, during the period of his e&ploy&ent with the EMPLOYER, accept any other e&ploy&ent or wor5 assign&ent fro& another EMPLOYER regardless of whether such e&ploy&ent or wor5 assign&ent is perfor&ed within or outside his wor5ing hours, without the prior written consent of the EMPLOYER. b. The EMPLOYEE shall abide by all the 2o&pany .ules and .egulations of the EMPLOYER. c. The EMPLOYEE shall i&&ediately surrender all records, docu&ents and properties of the EMPLOYER in his custody or control upon the ter&ination of his e&ploy&ent. e. The EMPLOYEE shall not, for a period of one :# year fro& the date of ter&ination of his e&ploy&ent with the EMPLOYER, accept e&ploy&ent with a Pae 8 o" # co&petitor of the EMPLOYER or any other person or entity engaged in the sa&e or related business or industry as that of the EMPLOYER. %either shall the EMPLOYEE, for the sa&e period afore&entioned, engage in the sa&e or related business or industry as that of the EMPLOYER. f. The EMPLOYEE agrees that co&pany policy &ay be proved with a copy of rules and regulations issued by the co&pany, or through a &e&orandu& issued by the co&pany addressed to all EMPLOYEEs, even after the signing of this e&ploy&ent agree&ent. Thus, the EMPLOYEE, by entering into this +&ploy&ent 2ontract, is expected to clear all co&pany policy and co&pany rules and regulations while in the perfor&ance of his duties. g. Cor notices, de&ands, or other correspondence arising fro& this 0gree&ent, it &ay be &ade through a# personal service$ and/or b# service through registered &ail at the stated address$ and/or c# through courier. 0ny of these &odes of service will be dee&ed sufficient and conclusive upon the parties. ARTICLE I9 - AMEN%MENT 0ny &odification or change in the ter&s and conditions of this +&ploy&ent 2ontract shall not be valid unless the sa&e is &ade in writing and agreed to by both parties. IN WITNESS WHEREOF, the parties hereunto set their hands and affir& their consent to the ter&s of this +&ploy&ent 2ontract, this __________________ in ________________, Philippines.
_____________________________ _____________________________ ACKNOWLEDGMENT .epublic of the Philippines F ____________ F /./. $EFORE ME, a %otary Public for and in ________________, this _____ day of _________________ personally appeared the following: %a&e 2o&petent +vidence of 1dentity and 2T2 -ate of 1ssue and Place of 1ssue
Bnown to &e and to &e 5nown to be the sa&e persons who executed the foregoing +&ploy&ent 2ontract and they ac5nowledged to &e that the sa&e is their free and voluntary act and deed as well as the free and voluntary act and deed of the 2orporation herein represented. This instru&ent refers to an +&ploy&ent 2ontract and consists of ___ pages, including this page on which the ac5nowledg&ent is written, duly signed by the parties and their instru&ental witnesses. Pae : o" # @1T%+// *9 )0%- 0%- /+0,, 1 have hereunto set &y hand and seal this _____ day of _______________ at __________________________. %(T0.9 P3B,12 -oc. %o. ______$ Page %o. ______$ Boo5 %o. ______$ /eries of G=:E. Pae # o" #