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REGULAR EMPLOYMENT
And
Judy Ann D. Reyes, of legal age, Filipino, and resident of No. 7 Interior I, Capitol
Hills, Old Balara, Quezon City, hereinafter referred to as EMPLOYEE
WITNESSETH:
1. This Contract of Regular Employment shall start on August 27, 2014. The
EMPLOYEE hereby fully understands and agrees that her employment tenure
shall be subject to satisfactory evaluation by the EMPLOYER.
2. That the EMPLOYEE shall receive a basic salary of Eleven Thousand Seven
Hundred Twenty-Six Pesos (P11,726) a month effective August 27, 2014.
3. That the EMPLOYEE shall charge transportation and food expense of not
more than P153.69 or a fraction for every day that she reports for tutoring
assignment or equivalent to P3,996 per month.
Absences and undertime shall be deducted from the basic salary. Monthly
contributions prescribed by law such as SSS, PAG-IBIG, PHILHEALTH, and
Withholding Tax shall also be deducted from the basic salary of the
EMPLOYEE. Overtime and unrecorded overtime work shall first be approved.
Basic salary, and other remunerations shall be payable on a semi-monthly
basis, on the 15th and the last day of each calendar month. Holiday pay shall
be included in the computation for the monthly salary due.
Unless otherwise modified by law, order, or proclamation, the following are the three
(3) special days in a year under Executive Order No. 292, as amended by Republic Act
No. 9492, that shall be observed in the Philippines:
Ninoy Aquino Day Monday nearest August 21
All Saints Day November 1
Last Day of the Year December 31
The “no work, no pay” principle applies during special days and on such other special
days as may be proclaimed by the President or by Congress. Workers who are not
required or permitted to work on special days are not entitled to any compensation.
4. That the EMPLOYEE’s working hours shall be eight (8) hours a day, six days a
week.
5. Days-offs are not usually on Sundays, since the Institution operates seven
days a week.
6. That the EMPLOYEE is entitled for five-day vacation leave and for five-day
sick leave yearly, which is substantiated by a medical certificate, valid
within the duration of this employment contract.
7. That the EMPLOYEE shall be subject to all the rules, regulations, established
practices and procedures, rules of conduct and personnel policies of the
company and such other additional rules and regulations that may from time
to time be duly promulgated by the company authorities. The EMPLOYEE
shall attend all company activities and gatherings required by the
EMPLOYER.
9. The EMPLOYEE hereby binds herself that within five (5) years from her
cessation from employment with the EMPLOYER, she shall not seek or accept
employment from any other tutorial and review services or learning center
nor shall she engage in the same line of business.
10. That the EMPLOYEE binds herself to render efficient service, satisfactory
performance as determined by dependability, articulateness,
professionalism, and attitude toward work, students, clients, officers and
colleagues up to the full term of this contract. The EMPLOYEE is prohibited to
resign prior to the end of the full term of this contract, without the written
conformity of the EMPLOYER.
11. A 90-day prior written notice addressed to the EMPLOYER must be given by
the EMPLOYEE intending to resign and should secure the written approval of
the administration before resigning or abandoning work. Should the
employee fail to do so, the EMPLOYER reserves the right to file the necessary
legal action for breach of contract and damages against the EMPLOYEE.
12. That the EMPLOYEE agrees that all records and documents pertaining to
students’ exercises, quizzes, examinations, modules, and published books are
deemed to be intellectual properties of the EMPLOYER and shall not be taken
outside the office without the authority and consent of the EMPLOYER.
13. That the EMPLOEE agrees that all records and documents of the EMPLOYER
and its clients and all information pertaining to its operations shall be treated
confidential, and that the EMPLOYEE binds herself not to make any
unauthorized disclosure or reproduction of the company’s records and
documents any time during or after the termination of this contract.
14. That the EMPLOYEE agrees that she shall immediately surrender all records,
documents, and properties of the EMPLOYER that are in her custody upon
her termination or resignation without further demand.
15. That this employment may be terminated at any time by the EMPLOYER for
the following grounds:
a. For just cause/s or authorized cause/s as set forth in the Labor Code
of the Philippines;
b. For violation of rule/s, regulation/s, established practices and
procedures rules of conduct and personnel policies of the Institution;
c. For violation of the terms of this agreement/contract;
d. An act of dishonesty, disloyalty, and misrepresentation or false
information declared by the EMPLOYEE in the application for
employment and during the period of employment; and
e. Mental of psychological illness which renders her unfit to perform her
duties during the duration of her employment contract, subject to
evaluation by a professional psychiatrist or psychologist.
16. That all expenses incurred by the EMPLOYEE in the execution of her duty
shall be reimbursed by the EMPLOYER provided that the latter has duly
authorized such expenses.
17. That the employee during the entire period of this contract may be assigned,
mobilized, or designated by the EMPLOYER to any branch or any place for
such periods as may be determined by the EMPLOYER due to the exigency of
the service or as may be deemed necessary by the later.
The EMPLOYEE hereby accepts the foregoing terms and conditions and pledge to
strictly abide, observe and uphold the same.
This contract supersedes and renders void any and all agreements and
understanding, oral and/or written, previously entered between the parties and
this contract may not hereafter be modified or altered except by instrument in
writing duly signed by the parties hereto.
IN WITNESS WHEREOF, the parties hereto have signed this instrument on this
27th day of August 2014 at 305 Katipunan Avenue, Loyola Heights, Quezon
City, Philippines.
Represented by:
Dear Sir,
This was not an easy decision and took a lot of consideration. However, I am
confident that this will help me move towards some of the goals I have for my
career. If I can be of any assistance during the transition, I would be glad to help
however I can.
Respectfully yours,
Received by:
Bryan Agoncillo
NAME REYES, Judy Ann 1 May 31 May 2016
We write for and in behalf of our client, OBP ACADEMY INCORPORATED (OBP for
brevity) in relation to you breach of employment contract dated August 27, 2014.
Worse, you continue to ignore repeated inquiries from the Company concerning this
matter.
11. A 90-day prior written notice addressed to the EMPLOYER must be given by
the EMPLOYEE intending to resign and should secure the written approval of
the administration before resigning or abandoning work. Should the
employee fail to do so, the EMPLOYER reserves the right to file the necessary
legal action for breach of contract and damages against the EMPLOYEE.
Kindly give this your preferential attention. In the event that you fail to comply with
this demand, our client has no other recourse by to proceed immediately with the
filing of any and all necessary legal/formal action in the proper courts, criminal,
civil, and/or administrative, in order to protect and enforce its rights.
Sincerely,
By:
Dear Sir:
This is to acknowledge receipt of your letter dated 22 June 2016 re: Breach of
Employment Contract.
In accordance with Article No. 285 of Labor Code of the Philippines, in case of
voluntary resignation, the law affords the employee the right to resign regardless of
whether the company has found an able and competent replacement and whether
the operation of the company would be affected, provided he serves a written notice
on the employer at least one month in advance.
I filed my resignation letter and have it received last 13 April 2016 and reported to
OBP until 14 May 2016. By virtue of the foregoing, I was able to comply with the 1
month notice which was also acknowledged by OBP during your formal letter.
Therefore, there are no grounds to say that I knowingly abandoned my work since I
faithfully comply with the requirements of the law by filing my resignation letter a
month ahead before my last day.
Further, I left OBP before the lapse of 90 days only upon the assurance of Mr. Bryan
Agoncillo that it was okay to do so and that I would not suffer any repercussions by
choosing to leave OBP before the lapse of 90 days from the day I submitted my
resignation letter.
Sincerely,
This referes to your reply-letter dated 30 June 2016. In relation thereto, we write to
inform you that our client, OBP ACADEMY INCORPORATED finds your explanation
unacceptable, unjustifiable, and groundless.
It is basic that a contract is the law between the parties and Article 11 of your
employment contract clearly provides for a 90-day prior written notice before
resignation. The employment contract is hereto attached as Annex “A” for your
ready reference.
From the foregoing, the breach of the aforesaid contracts subjects you to liability
enforceable before the proper courts and entitles OBP to recover damages for
whatever prejudice such breach might have caused it. Accordingly, our client
reserves the right to file any and all necessary legal/formal action in the proper
courts, criminal, civil, and/or administrative, in order to protect and enforce its
rights.
Sincerely,
By: