ONTRACT FOR PROBATIONARY EMPLOYMENT

KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT FOR PROBATIONARY EMPLOYMENT (Agreement for brevity), is entered into
this ____ day of___________ by and between:

XXXX______________________________, a corporation duly organized and existing under and by

virtue of the laws of the Republic of the Philippines and with principal place of business at D.
Majanap Calsada St., Asanaba 2, Makati City, herein represented by its HR Manager, CON
TRATIS TA, and hereinafter referred to as the “EMPLOYER”;

-and-

1. PERS JOB, of legal age, Filipino, with residential address at __________________________,

and hereinafter referred to as “PROBATIONARY EMPLOYEE”;

WITNESSETH THAT:

WHEREAS, the EMPLOYER is in need employee who will start out as a probationary employee;

WHEREAS, the PROBATIONARY EMPLOYEE seeks employment, applied for and expressed
willingness to join the EMPLOYER as its temporary worker;

WHEREAS, the agreement shall be based on probationary status for six (6) months where
regularization of the employee shall be conditioned upon her meeting the standards made
known to her at the time of her engagement;

THEREFORE, the parties hereby covenant:

COMMENCEMENT OF PROBATIONARY EMPLOYMENT

1. The PROBATIONARY EMPLOYEE is engaged as _________________________________ with

duties and responsibilities set forth hereunder subject to provisions on pre-conditions,
meeting of performance standards and other lawful causes for termination of
relationship under the law;
2. The PROBATIONARY EMPLOYEE shall report for work on or before 8:00 a.m. and leave
not earlier than 5:00 p.m., Monday to Saturday. Any entry later than 8:00 a.m. shall be
reckoned as tardy and any end of shift earlier than 5:00 p.m. shall be considered
undertime, both of which shall be subject to corresponding salary deduction and
disciplinary action;
3. The hiring date of the PROBATIONARY EMPLOYEE, which is the commencement of this
agreement shall be on __________. The probationary status shall be for a period of six (6)
months or until _______________ unless sooner terminated for cause or failure to qualify
as set forth hereunder;
 4. The probationary employment shall be conditioned upon the following:

 Accuracy of the information provided by the PROBATIONARY EMPLOYEE either in

writing or verbally;
 Truthfulness of any testimonial submitted in writing;
 Undertaking that the PROBATIONARY EMPLOYEE is free from any contractual
restriction or employment relationship;
 Medical fitness to be employed;

5. Any violation of the provisions of paragraph 4 hereof and its subsections shall be
deemed breach of the conditions for probationary employment and is ground for the
automatic revocation of this contract;
6. In the event of revocation of this agreement on account of violation of Section 4 and its
subsections, the employee shall reimburse the EMPLOYER of any and all damages
arising from falsity or untruthful information and sickness at an amount to be
determined by the EMPLOYER but shall not less than three (3) months salary
equivalent. Pending determination of the final amount, the PROBATIONARY
EMPLOYEE authorizes the EMPLOYER to withhold whatever earned salary to answer for
any such liabilities and to apply the same as soon as the final amount is duly
determined;

EXTENSION OF PROBATIONARY EMPLOYMENT

7. During her probationary employment, the PROBATIONARY EMPLOYEE shall undergo

monthly evaluation of her performance based on reasonable standards made known to
her at the time of her engagement;
8. In the event that the PROBATIONARY EMPLOYEE fails to meet the standards
mentioned, her employment shall be terminated on the ground of failure to qualify. The
termination shall take effect after seven (7) calendar days from receipt by the
PROBATIONARY EMPLOYEE of the notice of failure to qualify;
9. The EMPLOYER may extend the probationary status of the PROBATIONARY EMPLOYEE
for another period set forth in the contract of extension subject to which the
PROBATIONARY EMPLOYEE expressly agrees. The extension shall not be construed as
an extension of satisfactory service but a humanitarian gesture for the benefit of the
PROBATIONARY EMPLOYEE and to give him a chance to perform and meet the
EMPLOYER’s standards;

JUST AND AUTHORIZED CAUSES FOR DISMISSAL OR TERMINATION

10. In addition to failure to qualify, the PROBATIONARY EMPLOYEE may also be dismissed
from service for just causes found under Article 282 [now Art. 297 per RA 10151 and
DOLE DA 01, Series of 2015] of the Labor Code, as amended and other applicable
provisions of the law;
 11. The employment may likewise be terminated for authorized cause under Articles 298
and Article 299 of the Labor Code, as amended or any other relevant provisions;
12. Further, the employment may be terminated in the event of violation by the
PROBATIONARY EMPLOYEE of the provisions of the Code of Conduct hereto attached
as Annex “A”. The PROBATIONARY EMPLOYEE undertakes that she has read and
understood the provisions therein and were fully explained to her in language and/or
dialect that she understands and agrees to abide thereto;
13. Employment may likewise be validly terminated if the business operation has ceased on
account of a law, rules or regulations ordering the cessation of the company;
14. The employment may likewise be suspended due to causes arising from lack of raw
materials, lack of customer order, declining sales, among others as determined by the
management;

PLACE OF POSTING

15. The initial place of posting of the PROBATIONARY EMPLOYEE shall be in the principal
office of the EMPLOYER. However, the PROBATIONARY EMPLOYEE agrees to be
assigned anywhere in the Philippines when the exigencies of business require or when
required by the project secured by the EMPLOYER;
16. The place of work may change when the EMPLOYER moves to another principal place
of business and in such case, the PROBATIONARY EMPLOYEE agrees to relocate;

DUTIES AND RESPONSIBILITIES

17. The PROBATIONARY EMPLOYEE shall perform duties and responsibilities hereto
attached as Annex “B,” and such other responsibilities that may be assigned relevant
thereto;
18. In addition, the PROBATIONARY EMPLOYEE shall observe the law, rules and
regulations, standards of fairness, justice, good customs and fair play in the discharge
of her duties;
19. In the performance of her duties, the PROBATIONARY EMPLOYEE shall be evaluated to
determine her fitness for the position as a regular worker. The following standards
weight shall be used to ascertain whether she would qualify as a regular employee:

 Performance 30%
 Punctuality/Attendance 20%
 Behavior 20%
 Teamwork 20%
 Initiative 10%

20. The total weight is 100%. If the PROBATIONARY EMPLOYEE receives a total weight
below 85% it shall be deemed as failure to meet the standards which may be ground
for dismissal based on failure to qualify;
 21. Performance metrics representing 30% of the total weight shall be based on the
following:

 Business knowledge 20%

 Output/production 50%
 Resourcefulness 20%
 Teamwork 10%

22. Punctuality/attendance shall be 20% subject to deduction of 3% for every instance of

tardiness and 4% for every instance of absence. Absence due to medical reason shall be
supported with notarized medical certificate and for other reasons a sworn statement of
the fact of absence and affidavits of disinterested persons. Failure to produce said
documents and records within two (2) days from absence shall be deemed
unauthorized absence;
23. Behavior shall be 20% subject to deduction for every citation or violation of company
rules, to wit:

 Written warning – less 2%

 Stern warning – less 5%
 Written reprimand – less 6%
 1-day Suspension – less 7%
 Longer suspension – less 10%

24. The PROBATIONARY EMPLOYEE is expected to be a team player and work in

coordination with other employees. A teamwork rating shall be made by his immediate
superior based on the result of the latter’s interview or assessment of the feedback of
other employees or team members, as the case may be;
25. The rating for Initiative shall be given by the immediate superior based on how the
PROBATIONARY EMPLOYEE acts on tasks on his own without any express direction by
the superior bearing in mind the goals and objectives of the company;
26. Based on the above standards, the PROBATIONARY EMPLOYEE shall be rated monthly.
If she fails to meet a single month, it shall be considered as ground for termination for
failure to qualify unless extended for another month by the EMPLOYER for
humanitarian consideration. The extension shall not be construed as proof of meeting
of standards, rather as an act of compassion;

COMPENSATION AND BENEFITS

27. The PROBATIONARY EMPLOYEE shall receive a salary of FOUR HUNDRED FIFTY SIX
PESOS (PHP456.00) per day which will be paid every 15th and 30th or 31st, as the case
may be, of each month subject to the following payroll cut-off period;
28. For the payroll period of 15th of the month, attendance cut-off shall be until the 5th of
said month. While for the payroll period of 30th of the month, the cut-off shall be from
the 6th of the month until 20th thereof;
 29. The salary of the PROBATIONARY EMPLOYEE shall be deducted an amount
representing her contribution to social legislation benefits such as SSS, Pag-Ibig and
Philhealth. He is likewise entitled to 13th month pay provided she has served at least
one (1) month of service;
30. The compensation and benefits are customized for each employee. Thus, the
PROBATIONARY EMPLOYEE undertakes to treat with strict confidentiality her
compensation and benefits information. She shall refrain from discussing with anyone
whether connected with the EMPLOYER or not. Violation of this prohibition shall be
considered as ground for disciplinary action and shall affect the behavior rating stated
above;

OFFICE DECORUM

31. The PROBATIONARY EMPLOYEE shall report for work in proper business attire. The
following are prohibited office attire:

 Slippers
 Sando
 T-shirt
 Shorts
 Jeans of any color
 Sleeveless blouse

CONFIDENTIALITY

32. The PROBATIONARY EMPLOYEE recognizes and acknowledges that the systems that
the EMPLOYER owns, holds in trust, develops, plans whether for its own use or by its
clients are confidential in nature and are property of the EMPLOYER. She further
acknowledges that to enable the EMPLOYER to perform services for clients, the latter
may have furnished the EMPLOYER confidential information concerning their business
affairs, property transactions under consideration (including identities of their
companies that are or may be parties to such transactions), methods of operation or
other data that the goodwill afforded to EMPLOYER depends upon, among other things;
33. Thus, the PROBATIONARY EMPLOYEE agrees that, except as directed by the EMPLOYER
in writing, she will not at any time, whether during or after employment, disclose to any
person or use any confidential information, or permit any person to examine and/or
make copies of any documents which contain or are derived from any confidential
information whether prepared by the EMPLOYER or coming into the possession of the
PROBATIONARY EMPLOYEE directly or by reason of her job;
34. The term “confidential information” shall include all information, whether written or
oral, that is not known by, or not generally available to, the public at large and that
concerns the business, activities, financial affairs, trade secrets, technology of the
EMPLOYER or otherwise relates to the EMPLOYER, in any manner whatsoever, its
customers, their clients, suppliers and other businesses or entities, with whom the
 EMPLOYER does business which may come to the possession of the PROBATIONARY
EMPLOYEE during the tenure of employer in whatever manner or reason;
35. The PROBATIONARY EMPLOYEE undertakes not to make copies or duplicates of any
confidential information or other sensitive property or materials mentioned, including
but not limited to keys, access cards, diskettes, flash drives, electronic files programs,
databases regardless of storage location, photographs or such other proprietary
information relating to the EMPLOYER’s business;
36. Failure of the PROBATIONARY EMPLOYEE to submit, turnover, or return the company
property falling under confidential information, as demanded in writing, within five (5)
days therefrom, shall be deemed as violation of the confidentiality clause;
37. In case of violation, the PROBATIONARY EMPLOYEE agrees to compensate the
EMPLOYER the amount equivalent to three months’ gross salary by way of liquidated
damages or at a higher amount as may be established by the EMPLOYER at its option;
38. The PROBATIONARY EMPLOYEE authorizes the EMPLOYER to apply whatever salary
earned or accruing to her as compensation for the violation and to withhold any
amount pending actual application. Clearance shall not be issued until settlement of
said accountability and other liabilities is made;

NON-COMPETE CLAUSE

39. The PROBATIONARY EMPLOYEE agrees and covenants within a period of two (2) years
after the termination of this agreement, engage, directly or indirectly or through any
corporations or associations, in any business, enterprise or employment which directly
competes with the business of the EMPLOYER or any of its customers;
40. The PROBATIONARY EMPLOYEE shall not, during the same period directly or indirectly
solicit to provide or provide, without the prior written consent of the EMPLOYER, any
professional services for anyone who is a client of the EMPLOYER;
41. If the PROBATIONARY EMPLOYEE would in the future be directed by any governmental
agency or judicial forum or court or asked to testify in any proceeding concerning any
matter learned in the course of services provided to or on behalf of the EMPLOYER, she
shall notify the latter before making any disclosure at least ten (10) days prior the date
of testimony, hearing or disclosure;
42. In the event of any breach of the non-compete clause, the PROBATIONARY EMPLOYEE
shall compensate the EMPLOYER the amount equivalent to three months’ gross salary
by way of liquidated damages or a higher amount as may be proven by the EMPLOYER
at the latter’s option;
43. Payment of liquidated damages shall in no way affect the other rights which the
EMPLOYER may have against the PROBATIONARY EMPLOYEE, especially the right to
obtain injunctive relief against her;

TRAINING EXPENSES
 44. The PROBATIONARY EMPLOYEE understands and acknowledges that during the
probationary period, the EMPLOYER is subjecting her to training relating to product
knowledge, operation, skills, strategies, techniques using materials, documents,
equipment, device, technology, among others which the EMPLOYER has invested and
which the latter spent for incurred expenses;
45. Thus, the PROBATIONARY EMPLOYEE shall remain with the EMPLOYER during the
entire probationary period of six (6) months to fully satisfy the cost of training. In case
of resignation, the PROBATIONARY EMPLOYEE shall notify the EMPLOYER in writing at
least thirty (30) days prior to the effective date thereof by serving in person to her
immediate superior a hard copy of the resignation letter. The thirty (30) days shall be
counted from the actual receipt of said hard copy document;
46. If the PROBATIONARY EMPLOYEE resigns without observing the 30-day prior notice
she shall reimburse the EMPLOYER the total amount of ONE HUNDRED THOUSAND
PESOS (PHP100,000.00) representing cost of training and liquidated damages. To effect
the payment, the PROBATIONARY EMPLOYEE authorizes the EMPLOYER to withhold
whatever salary and/or benefits earned and apply the same against the liability;
47. This written contract and its annexes constitute the entire agreement between the
parties binding between them and their assigns, heirs and successors-in-interest.

IN WITNESS WHEREOF, the parties have hereby affixed their respective signature this ____ day
of _______, 20____, in the City of ____________.

For the EMPLOYER:

_______________________ ________________________
President PROBATIONARY EMPLOYEE

Signed in the presence of:

__________________________ _________________________

ACKNOWLEDGMENT

Republic of the Philippines )

City of _______________ ) S.S.

BEFORE ME, a notary public for and in the City of ______________, the parties appeared and
presented their respective identification cards as competent proof of identity and are known to
me and to me known to be the same persons who executed the foregoing Contract for Project
Employment consisting of three (3) pages, including this page where the Acknowledgment is
written and affirmed to me that the same is their own, free, voluntary act and deed.

WITNESS MY HAND AND SEAL, this _____ day of __________, 20____.

Doc. No.: _________;

Page No.: _________;
Book No.: _________;
Series of 20____