EMPLOYMENT AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This agreement is made and entered into by and between:

EMPLOYER’S NAME: _________________________________,

represented by _____________________, with office address at
____________________________________________________.

-and-

EMPLOYEE’S NAME: ___________________________, of legal

age, single/married, Filipino citizen and with address at
____________________________________________________.

That both parties voluntarily binds themselves to the

following terms and conditions:

1. SITE OF EMPLOYMENT: The site of employment shall be

principally at _____________________________________,
with occasional off-site duties within the area of production
of the business.

2. STATUS OF EMPLOYMENT: All employees shall undergo a

six (6) month probationary period which shall be considered
as a trial period wherein the employer shall evaluate and
determine the employee’s fitness to qualify for regular
employment based on reasonable standards made known to
the employee at the time of his/her engagement. A
probationary employee may be dismissed for just and valid
causes or when he/she fails to qualify for a regular
employment. If a probationary employee is qualified and
allowed to work beyond the probationary period, it shall be
made known by the employer and the probationary
employee then becomes a regular employee.

3. EMPLOYEE’S POSITION: _______________________.

4. BASIC MONTHLY SALARY: _______________________.

5. TERM OF EMPLOYMENT: Employee will start work on

__________________ and shall automatically ceases from
employment on __________________. This term is agreed
upon voluntarily by the employee, without any force,

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 intimidation or undue influence, and fully knowing the term
as agreed upon.

6. REGULAR WORKING HOURS: The regular working hours

for on-site/office workers shall be from
______________________ with a one (1) hour lunch break
which can be freely used by the employee and two fifteen
(15) minute break time, one in the morning and another in
the afternoon, totaling thirty (30) minutes of additional
break time. Following Title I, Book III of the Labor Code,
regular working hours shall not cover field personnel if they
regularly perform their duties away from the principal office
or place of business of the employer and whose actual hours
of work in the filed cannot be determined with reasonable
certainty.

7. OVERTIME PAY: Overtime pay shall be computed based on

the computation provided by Article 90 of the Labor Code.

8. REST PERIOD: A rest period of not less than twenty-four

(24) consecutive hours after every six (6) consecutive
normal work days shall be given to an employee. Preferably
workdays shall be during Sundays but if an employee shall
be asked to report to work on a Sunday, a different rest day
shall be given to him/her. Further, work on Sunday shall be
paid using the computation provided by the Labor Code.

9. HOLIDAY PAY/PREMIUM PAY: Holiday pay equivalent to

a day’s pay shall be given to an employee even if he does
not work on a regular holiday. It is limited to the twelve (12)
regular/legal holidays, namely: New Year’s Day, Maundy
Thursday, Good Friday, Eid’l Fitr, Eid’l Adha, Araw ng
Kagitingan, Labor Day, Independence Day, National Heroes
Day, Bonifacio Day, Christmas Day and Rizal Day. Further,
following the provisions on the Labor Code, the employee
should not have been absent without pay on the working
day preceding the regular holiday in order to be entitled to
holiday pay.

10. LEAVES: Service Incentive Leaves (SIL) shall be given

to regular employees computed as five (5) days leave with
pay for every employee who has rendered at least one (1)
year of service. Maternity Leave shall be given to a female
employee who has paid at least three (3) monthly
contributions in the twelve-month period immediately
preceding the semester of her childbirth or miscarriage

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 which shall be computed as 100% of her average daily
salary credit for sixty (60) days or seventy-eight (78) days
in case of a caesarian delivery. Paternity Leave shall be
granted to a married male employee with computation of
seven (7) days with pay for the first four (4) deliveries of his
legitimate spouse with whom he is cohabiting. In case the
paternity leave shall not be availed of, it shall not be
convertible to cash as provided for by law.

An employee availing a leave of more than three (3)

consecutive days shall make the same known to the
employer in advance and preferably be not availed on
the last week of the month wherein higher volume of
work is expected.

11. THIRTEENTH (13th) MONTH PAY AND OTHER

BONUSES: Regular employees shall be entitled to
thirteenth-month pay computed as one twelfth (1/12) of the
basic salary of an employee within a calendar year.

All employees enjoying regular status as of the

execution of this contract shall continue to enjoy their
usual thirteenth month pay and other bonuses.

12. OTHER LABOR LAW STANDARDS: All other labor law

standards not mentioned herein shall mean that the same,
as mentioned in the Labor Code, shall be followed.

13. TERMINATION: An employee may be

dismissed/terminated by the employee based on either just
causes as provided in the Labor Code or based on authorized
causes also provided by the Labor Code. The following are
just causes for dismissal: serious misconduct, willful
disobedience or insubordination, gross and habitual neglect
of duties, fraud or willful breach of trust, commission of a
crime or offense and other analogous causes. On the other
hand the following shall be authorized causes of termination:
installation of labor-saving devices, redundancy,
retrenchment (downsizing), and closure or cessation of
operation of the establishment or undertaking. A dismissal
based on just cause shall NOT make the employer liable for
separation pay, however a dismissal based on authorized
cause shall make the employer liable for separation pay
except in case of closure or cessation of operation due to
serious business losses. An employee may likewise
terminate his/her employment without just cause by serving

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 a WRITTEN NOTICE to the employer at least one (1)
month in advance. The employer upon whom no such notice
was served may hold the employee liable for damages.

During the said one (1) month period in advance of the

intended date of termination by the employee, the
employee shall continue to report to work or until the
time the said employee has turned over his/her
accounts and work to the next-in-rank or designated
employee, in order that continuity in the business
operation of the employer shall not be interrupted.

14. OTHER PROVISIONS OF LABOR CODE: Other

provisions of the Labor Code not provided herein shall mean
that they shall be followed as required by law.

15. TRANSITORY CLAUSE: All regular employees

enjoying the benefits and labor standards provided by the
employer prior to the execution of this contract shall
continue to do so, as long as it is not contrary the provisions
stated herein and on the Labor Code.

16. SETTLEMENT OF DISPUTES: All disputed between

the employer and employee shall be amicably settled among
themselves exerting all efforts due of a prudent man and in
consonance with the provisions stated herein and the
practiced rules, regulations and company policies of the
employer. In case of non-settlement between and among
the employer and employee, the same shall be brought to
mediation and all parties shall work on resolving the dispute
at this level. For all other disputes, not resolved with the
settlement disputes process stated herein, the same shall be
resolved under the provisions of the Labor Code.

17. RESPONSIBILITY OF THE EMPLOYEE: It shall be the

responsibility of the employee to do his work efficiently,
effectively and faithfully. Likewise, it is the responsibility of
the employee to follow company rules, regulations and
policies fair and reasonable under the law.

a. SHORT: For employees handling money, goods and

items under their custody for the company, they shall
be responsible for the amounts short of the cash and/or
inventory.

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 b. NOMINAL DAMAGES: For employees violating any
provision of this contract, he/she shall be liable for
nominal damages in the amount of TWENTY
THOUSAND PESOS (Php 20,000), which shall not
require any demand, and shall be automatically be
demandable.

c. TRADE SECRETS: All information and knowledge

gained and received by the employee pertaining to the
trade and operation of the employer shall be kept
confidential and that employee is not allowed to use it
to his/her personal interest nor to the interest of
another person/entity.

d. NON-COMPETITION CLAUSE: Employees

leaving/severing ties with the employer through any
form (resignation or separation), shall not engage in
any form of service or employment to another
employer of the same industry and competition of the
employer within two (2) years from severance.

IN WITNESS WHEREOF, we have set our hands this day of ___,

______________, 20__, at ____________________, Pampanga.

EMPLOYER: ____________________
Employer’s Representative

__________________________
Employee

WITNESSES
___________________ __________________

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES )

CITY OF SAN FERNANDO ) S.S.
PROVINCE OF PAMPANGA )

SUBSCRIBED AND SWORN TO BEFORE ME, on this of

__________ at City of San Fernando, Pampanga, affiants
____________ and ____________ presenting their ID’s:
________________ and _______________, respectively.

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 Acknowledging that they are the same persons who have
executed this employment contract consisting of six (6) pages
including herein where the acknowledgement is written.

WITNESS MY HAND AND SEAL.

Doc. No. ____;

Page No. ____;
Book No.____;
Series of 2019.

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