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EMPLOYMENT CONTRACT

This Contract of Employment (the “CONTRACT”) is entered into this ___ day of ________
2018, by and between:

___________, of legal age, Filipino, single, with residential address at


________________________________________ (the “EMPLOYER”);

- and -

_____________________________, of legal age, Filipino, single/married, with


residential address at ________________________________________ (the
“EMPLOYEE”).

The Employer and Employee are collectively referred to as “PARTIES”, and


individually referred to as “PARTY” to this Contract.

WITNESSETH THAT:

A. The Employer is the owner of Popo's Café and Restaurant located at Bulanao, Tabuk City,
Kalinga; and

B. The Employee has represented himself/herself to the Employer to be qualified for the position
indicated below and desires to be employed by the Employer during the term of Employment
and under the terms and conditions of this Contract.

NOW, THEREFORE, for and in consideration of the foregoing premises, the Parties hereby agree
as follows:

1. JOB TITLE AND DESCRIPTION

The Employee is hereby hired for the position of ________ (the “EMPLOYMENT”). A more
specific description of the duties, responsibilities and work hours of the Employee is outlined in
Annex “A” and made an integral part of this Contract. The description of the duties, responsibilities
and work hours of the Employee may change according to the needs of the Employer. Any change
will also form an integral part of this Contract as if agreed upon at the time of the execution of this
Contract.

2. PROBATIONARY PERIOD

Notwithstanding the preceding section, the Employee is first employed on a probationary status
for a period of six (6) months from the date of this Contract subject to the terms and conditions of
this Contract (the “PROBATIONARY PERIOD”) unless sooner terminated by the Employer. This
employment is subject to the standards for regularization, which the Employee hereby
acknowledges to be aware of. These standards for regularization are outlined in Annex “B” and
are made an integral part of this Contract. The Employee also agrees to be governed by other
rules and regulations, requirements as well as policies to be issued by the Employer.

3. PROBATIONARY EVALUATION

The Employer will evaluate on a monthly basis the Employee’s performance during the
Probationary Period. The Evaluation will be made by the Employer himself or such other
representative/s appointed by the Employer. The evaluation of the Employee may or may not be
made in writing. The employee hereby agrees that it is the prerogative of the Employer to evaluate
monthly her/his performance and decide whether s/he is qualified to continue as an Employee
after each monthly performance evaluation. If the Employee fails to meet the standards set forth
by the Employer, then the Employer may terminate this Contract by giving the Employee notice
within a reasonable period before the effective date of the termination.

4. COMPENSATION AND OTHER BENEFITS

The Employee will be paid a basic monthly wage of _____________________________


(PHP_______).

The Employee’s salary shall be paid in cash, from which shall be deducted by the Employer to
the extent applicable, the Employee’s social security contributions, withholding taxes and other
mandatory or agreed deductions. The Employee shall be responsible for the filing and payment
of his/her Philippine income taxes.

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Notwithstanding any contrary provision contained in this Contract, it is hereby expressly agreed
that any bonus, premium, commission, gratuity or other payment by the Employer to the
Employee in excess of the amounts specified in this section shall not be considered salary which
the Employee is contractually entitled to, but as a gratuity which the Employer reserves the right
to discontinue, modify or revise at any time at its sole discretion.

The compensation package mentioned in this section shall represent all that is due and
demandable under this Contract. Notwithstanding incidents when Employer granted benefits,
bonuses or allowances other than those defined in this Contract, such incidents are not to be
considered as an established practice nor precedent and shall not form part of the benefits,
bonuses and allowances due and demandable under this Contract.

5. ANNUAL LEAVE

Upon regularization and after completion of one (1) year of service, the Employee will be entitled
to five (5) days of service incentive leave with pay per calendar year of service. Unused service
incentive leave of employee in excess of five (5) days cannot be converted to its cash equivalent.

6. ASSIGNMENT OF TASKS

Upon signing of this Contract, the Employee recognizes the right and prerogative of the Employer
to, without limitation, re-assign and transfer the Employee to perform such other tasks within the
business as he may deem necessary and beneficial to his business operations.

7. CONDUCT OF DISCIPLINE

All existing as well as future rules and regulations, requirements and policies issued by the
Employer are hereby deemed incorporated with this Contract. The Employee recognizes that by
signing this Contract, s/he shall be bound by all such rules and regulations, requirements and
policies that Employer may issue from time to time.

8. DISCIPLINARY MEASURES

Upon signing of this Contract, Employee hereby recognizes the right of Employer to impose
disciplinary measures, actions or sanctions, which may include, but are not limited to, termination
of employment, suspension/s, fine/s, salary deduction/s, allowance reduction/s, withdrawal of
benefits, loss of privileges, for any and all infraction, act or omission, irrespective of whether such
infraction, act or omission constitutes a ground for termination or suspension.

9. BUSINESS CODE OF CONDUCT

Upon signing of this Contract, the Employee agrees to terminate all other business relationships or
concerns that s/he may be personally involved with.

The Employee acknowledges being aware of the Code of Business Conduct of the Employer and
all rules and regulations, requirements and policies issued by the Employer concerning the
employment of the Employee with it. The Employee acknowledges that it is her/his duty and
responsibility to be aware of the Code of Conduct of the Employer as well as the rules and
regulations, requirements and policies regarding her/his employment and to fully comply with all
these in good faith.

10. GROUNDS FOR TERMINATION OF REGULAR EMPLOYEES

Aside from the just and authorized causes for the termination of employment enumerated in the
Labor Code of the Philippines, as amended, the following acts and/or omissions of a regular
Employee shall, without limitation, similarly constitute just and authorized grounds for the
termination of employment by Employer and/or grounds for the Employer to impose disciplinary
measures on the regular Employee:

a. Intentional or unintentional violation of the policies, requirements, rules and regulations of


the Employer;
b. Commission of an act which causes loss of confidence on the part of the Employer with
regard to the Employee’s ability to satisfactorily perform the duties and requirements of
her/his employment;
c. Serious misuse or abuse of the Employer’s property, facilities and/or resources;
d. Commission of an act which may constitute a crime or offense against management, a
supervisor, co-employee or the Employer himself;

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e. Failure to attain a satisfactory grade in two (2) consecutive performance evaluations made
by the Employer;
f. Intentional or unintentional disregard of the disciplinary measures or sanctions imposed by
the Employer;
g. Directly or indirectly participating, engaging and/or entering into personal business
arrangement involving products and/or services of Employer or products and/or services
of the competitors of the Employer;
h. Intentional or unintentional violation or breach of confidentiality of information belonging to
the Employer;
i. Failure to meet the standards for regularization; and
j. Other similar acts, omissions, and/or event.

This Contract may be terminated by the Employer for any of the foregoing grounds by serving
the regular Employee concerned a notice of its intention to terminate her/his employment and the
particular acts or omission constituting the ground for his/her dismissal. The regular Employee
may answer the charges against her/him within seventy-two (72) hours from receipt of such
notice.

If the regular Employee refuses to acknowledge receipt of the notice, service on the said regular
Employee is completed by giving her/him a copy of the notice and stating that s/he refused to
receive the notice when served.

The Employer shall afford the regular Employee a hearing or conference where said regular
Employee may defend herself/himself. After giving the regular Employee an opportunity to be
heard and defend himself/herself, Employer shall serve Employee a notice of its decision to
terminate her/his employment.

In the event that the regular Employee wishes to terminate this Contract for any reason, s/he
must give thirty (30) days written notice to the Employer prior to the effective date of termination.

Upon termination of this Employment, the Employee shall promptly account for, return, and
deliver to the Employer all company property that may have been assigned or entrusted to her/his
care or custody.

Should the Employee have unpaid or pending obligations to the Employer, monetary or
otherwise, upon termination of employment for any reason or cause, the Employee hereby
expressly agrees and authorizes the Employer to make necessary deductions from the salary,
bonuses, or other benefits that may be due to the Employee to effect settlement or payment of
her/his unpaid or pending obligations. This is without prejudice to the right of the Employer to
effect settlement or payment of the obligations of the Employee through other legal means and
remedies should the due salary, bonuses or benefits of the Employee be insufficient to cover
her/his unpaid or pending obligations.

11. CONFIDENTIALITY

It is the responsibility of the Employee to ensure that no information gained by virtue of her/his
employment with the Employer is disclosed to outsiders unless the disclosure is for necessary
business purposes and pursuant to properly approved and written agreements. Confidential or
proprietary information of others should not be accepted by the Employee on behalf of the
Employer unless it is necessary and pursuant to the same sort of written agreement.

“Confidential Information” is any information belonging to the Employer that could be used by
people outside the Employer or to the detriment of the Employer. Appropriate steps should be
taken by the Employee in handling all business information of the Employer in order to minimize
the possibility of unauthorized disclosure.

12. RESTRICTIVE COVENANT

During the term of this Contract, the Employee shall devote her/his best efforts and her/his
full/entire time to advance the interests of the Employer, and s/he shall not, directly or indirectly be
engaged in or be concerned with any other commercial duties or pursuits whatsoever especially
those that are in conflict or in competition with the business of the Employer.

13. ENTIRE AGREEMENT

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This Contract represents the entire agreement between the Employer and the Employee and
supersedes all previous verbal or written communications, representations or agreements
between the Parties.

14. LIQUIDATED DAMAGES CLAUSE

In case of a breach of any of the undertakings set forth in this Contract, the Employee shall owe
to the Employer, without any summons nor notice of default nor court decree being required,
liquidated damages equal to the total remuneration paid by the Employer to the Employee during
the last six (6) months of the Employee’s employment with the Employer, plus attorney’s fees,
costs of suit/litigation, all fees for legal counsel and any other related expenses, and without
prejudice to the right of Employer to prove a higher damage/s, and to obtain the cessation of the
damage and compensation by any other legal means and remedies.

IN WITNESS WHEREOF, the Parties have executed this Contract as of the date first
mentioned.

______________________________ ______________________________
GLENN JAMES MOLINTAS
Owner and Manager Employee

SIGNED IN THE PRESENCE OF

______________________________ ______________________________

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )


____________________________) S.S.

Before me, a notary public for and in the abovementioned city on this ___ day of
_______________ 2018, the following personally appeared with their competent evidence of
identity, to wit:

Name ID Issued on/at

GLENN JAMES MOLINTAS

known to me and by me known to be the same persons who executed this Employment Contract
consisting of ________ (____) pages including this Acknowledgement Page and its Annexes, and
acknowledged to me that the same is their free and voluntary act and deed.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal on the
date and at the place above written.

Notary Public

Doc. No. ____;



Page No. ____; 

Book No. ____;

Series of 2018.

ANNEX “A”
JOB DESCRIPTION AND RESPONSIBILITIES

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Normal working hours: ________________________
________________________

RESPONSIBILITIES AND DUTIES:

1. Abide by and perform to the best of her/his abilities all functions, duties and responsibilities
to be assigned by the Employer in due course;

2. Comply with the rules and regulations, code of conduct, requirements and policies, orders
and instructions given from time to time by the Employer through its authorized
representative/s;

3. Will not disclose any confidential information in respect of the affairs of the Employer to any
unauthorized person;

4. Perform any other additional duties as assigned by the Employer or his representative/s
from time to time either through direct written order or by verbal assignment.

ANNEX “B”
STANDARDS FOR REGULAR EMPLOYMENT

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ATTENDANCE AND PUNCTUALITY
 The Employee must be able to strictly observe scheduled workdays, work hours and break
periods. Employee must be able to report to work regularly and on time. Frequent
absences, tardiness or undertiming is strictly prohibited.

JOB COMPETENCE
 The Employee must prove her/his knowledge and understanding of the nature, details and
demands of the job. Employee must be able to demonstrate ease in learning the rudiments
of her/his job and in understanding instructions, rules and regulations, requirements and
policies.

WORK QUALITY
 The Employee must be able to prove to the satisfaction of the Employer advance skills,
initiative and competence in the duties and responsibilities detailed and listed in her/his
Contract of Employment.

ATTITUDE
 The Employee must demonstrate sincere interest and enthusiasm in her/his job. The
Employee must show a positive outlook towards the Employer’s business, activities, beliefs
and concerns. The Employee must show willingness to learn and to overcome job
difficulties. The Employee must be able to perform her/his job with a positive attitude even
while working under pressure/stress. This includes having the quality of initiative,
responsibility and foresight.

DISCIPLINE
 The Employee must be able to comply with the rules and regulations, requirements,
protocol, company policies and practices of the Employer. The Employee must be able to
show maturity in accepting criticisms and remarks regarding her/his work and attitude.

ATTITUDE TOWARDS SUPERIORS AND CO-EMPLOYEES/WORKERS


 The Employee must be able to show respect to her/his superiors, co-employees/workers
and others in general. The Employee must be able to work well with others. This includes
the ability to cooperate and to work as part of a team.

EXTERNAL APPEARANCE
 The Employee must keep herself/himself neat, presentable and well-groomed at all times.
The Employee must carry herself/himself in a dignified and respectful manner.

Note: Employer may impose additional/other conditions for regular employment.

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