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EMPLOYMENT AGREEMENT

This Agreement for Employment is made on this _____ day of _______, _____, by
and between _________________________, "Employer" and
________________________________, "Employee.

The Employer shall employ Employee subject to the following terms and
conditions.

1. Employment for the above Employee shall start on _______________.


2. The following duties and responsibilities shall be competently performed by
the Employee shall perform such further and other duties required by the
Employee: In addition to the duties stated above Employer.

3. The Employee shall work 8 hours a day from ____ A.M. to ____ P.M. and such
additional hours as are required by the Employer for the Employee to
competently perform the duties of his position. The Employee shall use his or
her best efforts on behalf of the Employer.
4. The Employee shall comply with all stated standards of performance,
policies, rules, and regulations. A company manual containing a more
complete explanation of many of these standards has been given to the
Employee. At this time, Employee acknowledges receipt of the company
manual. The Employee shall also comply with such future Employer policies,
rules, regulations, performance standards and manuals as may be published
or amended from time to time.

5. The Employer shall make payment to the Employee a set amount as


compensation for services rendered. The Employee agrees to accept the
amount of ________ per day and the sum of ________ per month. In addition to
the above compensation, the Employee will be entitled to the following "fringe
benefits":
A. MINIMUM WAGE - The Wage Rationalization Act, Republic Act No. 6727,
sets the minimum wage rates applicable per region, province and
industry sector.
B. OVERTIME - Minimum wage is based on a work week of 40 hours or 8
hours per day. The daily 60-minute mandatory lunch break is not
included in the 8-hour work day and is not compensated. Overtime pay
rates vary depending on when the overtime work takes place: regular
work day, holiday, rest day, or night (between the hours of 10pm to
6am).
C. PREMIUM PAY - Premium pay is given on non-working days (rest
days/special holidays).
Premium Pay Rates:

 On a rest day or special holiday, an employee is entitled to an additional


30% of his daily basic rate, or a total of 130%.
 On a rest day which is also a special holiday, an employee is entitled to
an additional 50% of his daily basic rate, or a total of 150%.
 On a regular holiday which is also an employee’s rest day, an employee
is entitled to an additional 30% of the regular holiday rate of 200%, or a
total of 260%. Note that it is only applicable to employees covered by
the holiday-pay rule.
 The “no work, no pay” principle applies during special non-working days
and such other special days as may be proclaimed by the President of
the Philippines. Workers who are not required or permitted to work on
these days are, therefore, not entitled to any compensation. This,
however, is without prejudice to any voluntary practice or CBA providing
for payment of wages and benefits for declared special days even if
unworked.

D. HOLIDAY PAY
The Labor Code requires the payment of an employee’s daily basic wage for
all non-working regular holidays.

E. ABSENSES
 All covered employees shall be entitled to holiday pay when they are
on leave of absence with pay on the workday immediately
preceding the regular holiday. Employees who are on leave of
absence without pay on the day immediately preceding a regular
holiday may not be paid the required holiday pay if they do not work
on such regular holiday.

 Employers shall grant the same percentage of the holiday pay as the
benefit granted by competent authority in the form of employee’s
compensation or social security payment whichever is higher, if the
employees are not reporting for work while on such leave benefits.

 Where the day immediately preceding the holiday is a non-work day


in the establishment or the scheduled rest day of the employee,
he/she shall not be deemed to be on leave of absence on that day,
in which case he/she shall be entitled to the holiday pay if he/she
worked on the day immediately preceding the network day or rest
day.
 Successive Regular Holidays - Where there are two (2) successive
regular holidays, like Maundy Thursday and Good Friday, an
employee may not be paid for both holidays if he/she absents
himself/herself from work on the day immediately preceding the first
holiday, unless he/she works on the first holiday, in which case he/she
is entitled to his/her holiday pay on the second holiday.

F. NIGHT SHIFT DIFFERENTIAL - For work done between the hours of 10pm to
6am, employees are entitled to Night Shift Differential (NSD), which
represents an additional 10% to the regular wage for each hour of work
performed.

6. This contract of employment may terminate upon the occurrence of any of


the following events: (a) the death of the Employee; (b) the failure of the
Employee to perform his duties satisfactorily after notice or warning thereof; (c)
for just cause based upon nonperformance of duties by Employee; (d)
economic reasons of the Employer which may arise during the term of this
Agreement and which may be beyond the control of the Employer.

7. An employee may terminate without just cause the employee-employer


relationship by serving a written notice on the employer at least one month in
advance or 30 days after submitting the letter of resignation. The employer
upon whom no such notice was served may hold the employee liable for
damages.

8. This Agreement may not be assigned without prior notice by either party.
Such assignment is subject to the mutual consent and approval of any such
assignment.

_____________________
Employee's Signature

_____________________
Employer's Signature

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