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(R. C.

TOLOSA BUILDERS LOGO)

(Name and Address of Employee)


___________________________
___________________________

Dear _____________,

On behalf of R. C. TOLOSA BUILDERS (“RCTB” or the “Company”), I am pleased to


offer you an employment on the terms and conditions set out below subject to satisfactory pre-
employment medical, and background results, including, but not limited to, Philippine National
Police Clearance (PNP) and a National Bureau of Investigation (NBI) result.

1. Position

Your initial position is Account Executive. You will be employed on a full time basis.
Your position requires you to find leads, close sales, support existing clients, formulate sales
strategies, and communicate product value to clients. Your duties and responsibilities include,
but not limited to, the following:

 Providing support for clients by learning about and satisfying their needs.
 Making cold calls or reaching out to prospects.
 Following up with prospects several times throughout the sales cycle to ensure needs are
being met.
 Presenting and demonstrating the value of products and services to prospective buyers.
 Compiling and analyzing data to find trends.
 Developing sales strategies and setting quotas.
 Staying current on company offerings and industry trends.
 Maintaining a database of contact information.
 Building long-lasting, mutually beneficial relationships with external contacts and
internal departments to create a better customer experience.
 Managing the entire sales cycle from finding a potential client to securing a deal.
 Unearthing new sales opportunities through networking and turning them into long-term
partnerships.
 Provide professional after-sales support to maximize customer loyalty.
 Negotiate agreements and keep records of sales and data.
 Handling complaints and negotiations.

You agree to work for RCTB in the Position subject to the terms and conditions contained in
this contract. You are required to carry out other duties reasonably required by RCTB that you
are skilled and capable of performing. RCTB may alter your position, position description and
responsibilities in accordance with the needs of the business. You agree that the terms and
conditions of this contract continue to apply unless varied in writing.

2. Location
Your place of work will initially be at __________________. RCTB has the right at any
time and from time to time to relocate its business to any other location within Philippines.

RCTB operates in many different locations. You may be required to travel to and work at
different locations to meet the business needs of RCTB. You agree to work at such different
locations if you are required to do so.

3. Commencement Date

Your employment will commence on ________________ and will continue until


terminated in accordance with this contract.

4. Remuneration

Your monthly gross salary (and, if applicable, details of your 13th month pay) is set out in
ANNEX “A”.

The net cash amount of your salary will be paid monthly in parts on the 15th day and the
last day of the month (or nearest business day).

Aside from your monthly gross salary, you will receive a monthly allowance as set out in
ANNEX “A”.

You authorize RCTB, at any time during your employment or following the cessation of
your employment for any reason, to deduct from all amounts due you from RCTB (including
without limitation salary, bonuses, commissions, expense, and reimbursements), any and all
monies you owe RCTB (including without limitation overpayments to you due to the company’s
error or to losses or damages attributable to your fault or negligence) or any debt or loan you owe
RCTB.

You appreciate that remuneration and other employment conditions are confidential and
must not be discussed with other employees of RCTB.

5. Social Security System (SSS), Philippine Health Insurance (PhilHealth), Home


Development and Mutual Fund (HDMF, formerly Pag-IBIG) and Income Tax

As required by applicable law, RCTB will effect statutory deductions and contributions,
for SSS, PhilHealth, HDMF and Income Tax purposes from remuneration and benefits received
by you pursuant to your employment.

6. Potential Bonus

You have an opportunity to earn a bonus in accordance with RCTB Scheme applicable to
your Position. RCTB may vary, withdraw and/or replace the Scheme at its discretion. Bonus
payments do not form part of your contractual remuneration for any purpose. The terms of the
bonus scheme do not form part of your contract of employment. Notwithstanding the foregoing,
statutory deductions and contributions shall be effected on the bonus payment, if any.

7. Performance and Remuneration Reviews

Your performance and remuneration will be reviewed on a monthly basis or as often as


necessary. Reviews are based on your position within RCTB, your performance and contribution
to the effective functioning of RCTB’s business, and the market generally. Remuneration
increases are not automatic, and any increase shall be at RCTB’s absolute discretion.

8. Hours

RCTB is a customer driven, professional organization. As Sales Associate, your work


schedule varies depending on the schedule provided to you by RCTB through your Supervisor.
These work schedules are subject to change as may be warranted by the circumstances or
operational requirements.

You shall be expected to work such reasonable additional hours that are necessary to
achieve the operational requirements of RCTB, the efficient and effective performance of your
duties and ensure a customer driven and professional organization.

9. Performance

In the course of your employment with RCTB, you are required to do the following:

a) be honest, diligent and act in good faith;

b) maintain appropriate ethical standards and develop relationships based on trust,


confidentiality and integrity;

c) carry out all lawful and reasonable instructions given to you in relation to your
employment;

d) perform your duties and responsibilities in a proper and efficient manner and to
the best off your ability;

e) use your best endeavours to protect and promote RCTB’s business, and this is to
be reflected in your conduct both during or outside of work hours that has the potential to
affect RCTB’s reputation (including, but not limited to, your activity on any social media
or networking sites);

f) promptly provide full and accurate information to your superior regarding the
business; and

g) during work hours, devote your whole time and attention to RCTB’s business.
You represent to RCTB that there are no limitations on your ability to fully perform all of
your duties and responsibilities for RCTB, including limitations arising from any prior
employment. You further agree that you will not breach continuing obligations arising from any
prior employment in the performance of your duties and responsibilities for RTB, including
confidentiality obligations.

You understand that any breach of these obligations may constitute grounds for
termination of your employment, in accordance with applicable law.

10. Other Employment and Conflict of Interest

During your employment with RCTB, you must not, without RCTB’s prior written
approval:

a) engage directly or indirectly, in any employment or business that is similar to or


competitive with RCTB’s business;

b) engage, directly or indirectly, in any employment or business that could impair


your ability to act in the best interests o RCTB; and/or

c) hold any office in any other entity or have an interest in any other business.

11. RCTB’s Employment Policies and Procedures

You are required to comply with any applicable policies in place from time to time.
RCTB may amend or replace parts of, or any entire policy, to deal with issues as they arise and
vary over time. RCTB shall notify you of any such amendment or replacement of policies.
Notwithstanding the foregoing, you have an obligation to ensure that you maintain your
awareness of the current policies (including any amendments).

You must comply with all of your obligations under any applicable policy. This clause
does not entitle you to any benefits under any policy and the conferral of any such benefits upon
you will be at the discretion of RCTB.
12. Leave Entitlements

You are entitled to ________ days paid vacation leave for each completed year or
service, calculated and accrued monthly, on a pro rata basis.

Vacation leave may be taken at such time as may be agreed between you and RCTB from
time to time and, in the absence of agreement, when directed by RCTB on one month’s notice.

If vacation leave remains unused at the end of the calendar year it may not be carried
over to the subsequent year. However, up to ____ days of accrued but unused vacation leave may
be encashed at the end of each calendar year provided that you remain in employment on 31st
December of the applicable calendar year.
You will not be entitled to be paid in lieu of any accrued unused vacation leave upon
termination of your employment.

You may also be entitles to other types of leave (e.g. paternity or maternity leave) in
accordance with applicable laws and RCTB’s policies as varied from time to time.

13. Personal Sick Leave

In addition to the vacation leave set out under Paragraph 13, you are entitled to ______
days of paid personal sick leave for each completed year of service, calculates and accrues
monthly, on a pro rata basis.

Personal sick leave is available to you to use when you are absent due to illness or injury.
If you are unable to attend work, you must call and inform your superior on the same day before
your scheduled work day.

Personal leave taken will be paid in accordance with RCTB’s policies in force from time
to time. You will not be entitled to be paid in lieu of any accrued and unused personal sick leave
upon termination of your employment.

14. Resignation and Termination

Other than as provided during your probationary period you may terminate your
employment, for any reason, by resigning and providing RCTB with 30 day period notice.

Accordingly, RCTB may, at its sole discretion, waive or shorten the notice period or
accept the resignation to be effective immediately in which case, your entitlements as employee
shall cease and you will not be entitled to any salary or any benefits for the unworked days of the
notice period.

RCTB may serve you with written notice of termination of your employment on grounds
of “just” or “authorized” cause (or such other prescribed reason) in accordance with applicable
law.
Where applicable, RCTB may require you not to report for work, or provide you with
altered duties, during any part or all of your notice period.

Where you fail to provide RTB with notice of your resignation, or if you provide less
than the required period of notice of your resignation, you agree that RCTB may withhold and
deduct from your final payment (including any payment in lieu of accrued and unpaid vacation
leave) accountabilities and collect any other amount of damages and costs that RCTB may incur
as a result of such resignation without notice or observance of the notice period.

In case of termination for “just cause” RCTB may, having observed due process,
terminate your employment by written notice with immediate effect. In these circumstances, you
will only be paid up to the date of termination. Examples of “just cause” include but are not
limited to the following:
a) without reasonable cause, neglect or refuse to attend to the business of RCTB,
display incompetence or repeatedly fail to observe or perform any of your duties or
obligations under the contract;

b) have concealed any material fact or made false representation(s) about your
qualifications or work experience;

c) have concealed any material fact or made false representation(s) about your
criminal background and or information provided in the course of obtaining your criminal
background checks;

d) have concealed any material fact or made any false representation about the state
of your health or physical well-being which may prevent you from carrying out your
duties under the contract;

e) are convicted of any indictable offence;

f) affect your working efficiently by the consumption of alcohol or drugs;

g) commit any misconduct, which in our opinion may tend to injure the reputation or
business of RCTB or otherwise render you unfit to carry out your duties under this
contract.

In cases of termination for “authorized cause”, RCTB may, having observed due process,
terminate your employment by giving you written notice at least 30 days prior to the date of
termination.

Examples of “authorized cause” include but are not limited to redundancy and
retrenchment as prescribed by applicable law. You may be entitles to a severance payment only
if prescribed by applicable law.

Immediately upon resignation or termination of your employment for any reason, you
must return to RCTB all property belonging to RCTB in your possession or control. You also
agree that RCTB may withhold any monies due to you until you have paid any outstanding debts
to RCTB.

15. Restrictive Covenants

15.1. Covenants Against Competition. Employee acknowledges that his or


her work relating to Company Business will bring him or her close contact with many
confidential matters not readily available to the public.

15.2. Non-Compete. During the Term of this Agreement and for a period
of twelve (12) months following the termination of Employee’s employment with the
Company, whether Employee’s employment terminates pursuant to the provisions of
Clause 14 or otherwise (collectively, the “Restrictive Period”), Employee agrees that
he/she will not, without the express approval of the Head of the RCTB, engage in any
business directly or indirectly, as an individual partner, stockholder, officer, director,
principal, agent, employee, trustee, consultant, or in any other relationship or capacity, if
such business is competitive with the RCTB Business.

15.3. Trade Secrets, Confidential Information. Employee agrees that at all times
during Employee’s employment and during and after the Restricted Period, he shall keep
secret and not disclose to others or appropriate to his own use or the use of others (except
in the course and scope of his duties under this Agreement) any trade secrets, or secret or
confidential information or knowledge pertaining to RCTB’s business or its affairs,
including without limitation trade know-how, trade secrets, consultant, contracts,
customer lists, pricing policies, operational methods, marketing plans or strategies,
product development techniques or plans, business acquisition plans, new personnel
acquisition plans, technical processes, designs and design projects, inventions and
research projects. Information shall not be deemed confidential or secret for purposes of
this Agreement if it is generally known in the industry.

15.4. Employees, Customers and Suppliers of the Company or its Affiliates. During
the Restricted Period, Employee shall not directly or indirectly (a) hire away or solicit to
hire away from RCTB or any employee of RCTB, nor induce or attempt to induce any
employee of RCTB to terminate such employee’s association with RCTB or (b)
communicate with the customers and suppliers of the Company to encourage any of them
to divert business from RCTB.

15.5. Property of the Company.

a) Without further consideration, Employee agrees to assign to the Company or its


designee, Employee’s entire title, title and interest in and to all concepts, ideas,
inventions, intellectual or other proprietary rights (collectively the “Intellectual
Property”) that (i) relate to any of the Employee’s work during the period of the
Employee’s employment with the RCTB; (ii) pertain to any present or anticipated
business activity of RCTB; or (iii) are aided by the use of time, equipment, supplies,
facilities or information of RCTB.

b) Employee agrees that any intellectual Property created by Employee under this
Agreement are “works made for hire” within the meaning of the Intellectual Property
Code of the Philippines. To the extent that any Intellectual Property does not qualify as
“works made for hire,” this Agreement will constitute an irrevocable assignment by
Employee to RCTB of such Intellectual Property. During and after the term of this
Agreement, Employee agrees to assist RCTB, at its expense, in obtaining and enforcing
the full benefits, rights and title in the Intellectual Property and proprietary rights
assigned to RCTB in this Clause 15.5.

c) All memoranda, notes, lists, records and other documents (and all copies thereof)
made by Employee or made to Employee during his employment is the exclusive
property of the RCTB and shall be delivered by the Employee to RCTB promptly upon
the termination of the Employee’s employment.

15.6. Rights and Remedies Upon Breach. If Employee breaches, or threatens to


commit breach of, any of the provisions of Clause 15.2 through 15.5 (collectively, the
“Restrictive Clause”), RCTB shall have the following rights and remedies, each of
which shall be independent of the other and severally enforceable, and all of which shall
be in addition to, and not in lieu of, any other rights and remedies available to RCTB:

a) the right and remedy to have any of the Restrictive Clause specifically enforced
by any court having jurisdiction and any other appropriate equitable relief, it being
hereby acknowledged and agreed by Employee that any such breach or threatened breach
will cause irreparable injury to RCTB and that money damages will not provide an
adequate remedy to RCTB;

b) the right and remedy to require Employee to account for and pay over to RCTB
all compensation, profits, monies, accruals, increments or other benefits derived or
received by Employee as a result of any transactions constituting a breach of any
Restrictive Clause, and Employee shall account for and pay over such benefits to RCTB;
and

c) in the event RCTB files suit to enforce the Restrictive Clause and prevails in any
respect, Employee shall pay RCTB all costs incurred in the litigation, including
attorney’s fees, expenses, and court costs. In the event Employee breaches these
Restrictive Clause, the Restrictive Period shall be extended by the amount of time
Employee was in breach.

15.7. Necessary and Reasonable. Employee expressly acknowledges that the terms of
this Agreement are necessary to protect RCTB’s legitimate and protectable interests, and
are reasonable to Employee. Employee acknowledges that his skills are unique and
extraordinary to the company, and that by virtue of his employment with the company, he
will enjoy a position of special trust and confidence with the Company, irrespective of
the manner or cause, his experience and capabilities are such that he can obtain
employment in business in other lines and of a different nature, and that the enforcement
of the covenants set forth in this Agreement will not prevent him from earning a
livelihood for himself and any dependents or otherwise impose undue hardship on him.

15.8. Severability of Restrictive Covenants. If it is determined that any of the


Restrictive Clause, or any part thereof, is invalid or unenforceable, the remainder of the
Restrictive Clause shall not thereby be affected and shall be given full effect, without
regard to the invalid portions. If it is determined that any of the Restrictive Clause, or any
part thereof, is unenforceable because of the duration of such provisions, the geographical
area covered thereby, or any other determination of unreasonableness of the provision,
the court making such determination shall have the power to reduce the duration, area of
scope of such provision and, in its reduced form, such provision shall then be enforceable
and shall be enforced. The parties acknowledge that these Restrictive Clause will survive
and remain in effect and enforceable after termination of this Agreement.

16. Privacy

It is a condition of your employment that you comply with RCTB’s Privacy Policy, and
that at all times during and after your employment you treat personal information of clients,
candidates, and customers of RCTB (prospective, existing or former) and others who provide
such information to RCTB in accordance with RCTB’s Privacy Policy, applicable privacy
legislation and guidelines.

Yours sincerely,

____________________
Name and Signature

Acceptance

I have read and understood this contract and I accept the offer of employment with RCTB on the
terms and conditions contained in it.

Signed: _________________________
Name and Signature

Date: _________________________

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )


CITY OF ________________ ) SS.

BEFORE ME, a Notary Public for and in the City of ___________, this ____ day of
_____________ 2016, personally appeared:

Name Government Issued ID No. Date/Place of Issued


who are known to me and to me known to be the same persons who executed the foregoing
instrument and acknowledged to me that the same is their own free act and voluntary act and
deed.

This instrument, consisting of seven (__) pages, including the page on which this
acknowledgment is written, has been signed on the left margin of each and every page hereof by
the concerned parties and their witnesses, and sealed with my notarial seal.

WITNESS MY HAND AND SEAL, at the place and date above-written.

Doc. No. ........;


Page No. .......;
Book No. .......;
Series of ______.

ANNEX “A”

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