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Draft Employement Contract
Draft Employement Contract
Draft Employement Contract
This AGREEMENT is made and entered this ________________, into by and between:
-AND-
WITNESSETH THAT:
WHEREAS, the EMPLOYER is a corporation engaged in the business of web development and
programming.
WHEREAS, the EMPLOYEE has qualified in the pre-employment and/or regularization
requirements conducted by the EMPLOYER;
WHEREAS, the employee is proficient in Danish, able to acquire and transact with Danish clients
and stakeholders, and has the technical skills needed by the Employer to understand and teach the
skill in web development and programming using specialized input device and software of the
Corporation.
NOW, THEREFORE, for and in consideration of the foregoing premises, the parties
hereby agree as follows:
2. COMPENSATION
3. WORK HOURS
The regular working hours shall be Forty-Eight (48) hours which is from Monday to
Saturday. However, in order to save business costs and to afford the employees more time
with their families and personal matters, it is mutually agreed that work week shall be from
Mondays to Fridays (9:00 AM – 6:00 PM) inclusive of the 1-hour break for lunch and other
break.
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It is understood that the salary of the EMPLOYEE shall include work performed in excess
of eight (8) hours per day for a period of one and six (1.6) hours per day (8hours ÷
5days(Mon-Fri) = 1.6hours/day) which is in consideration for no work on Saturdays.
Provided, that the work to be performed in excess of eight (8) hours per day shall only be
performed when requested by the EMPLOYER or any of its representatives. Provided,
further, that the performance of such work shall be considered to have been performed
regardless of the actual performance in every month.
4. HOLIDAY
Every employee covered by the holiday pay rule is entitled to his daily basic wage for any
unworked regular holiday. This means that the employee is entitled at least 100% of his
basic wage even if he did not report for work, provided he is present or is on leave of
absence with pay on the work day immediately preceding the holiday.
(1) Sunday
(2) Saturday
If the employee is assigned to work outside the Philippines, he shall be granted holiday in
accordance with pertinent laws and the provisions of the place of assignment and working
locations.
5. LEAVES
Subject to the EMPLOYER’S standard policies and procedures on such matters which may
be reviewed from time to time, the employee shall be granted leaves based on the following
scales:
Sick leaves shall be communicated to the Human Resource Department subject to the
company rules and regulations for this purpose. In addition, sick leaves utilized in excess
of those allowed herein shall be granted only if accompanied by a medical certificate to be
obtained from a physician assigned by the EMPLOYER herein.
In the event that the EMPLOYEE attains a regular status during the start of the year, the
employee is entitled to a full 15 days leave credits. If not, the computation will be pro-rated
or based with the remaining months in the year.
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The EMPLOYER may grant the EMPLOYEE other miscellaneous benefits from year-to-
year in its discretion. The EMPLOYEE shall not be considered entitled to the same on a
regular basis.
7. ASSIGNMENT OF TASKS
The EMPLOYEE may be assigned and reassigned to perform such other tasks within the
organization of the EMPLOYER, in other branches/units, whenever located as it may deem
necessary and beneficial. Provided, that the failure of the EMPLOYEE to abide by the
assignment to a different branch/unit, wherever located, shall be a ground for termination
of the latter.
Furthermore, the refusal to abide by instructions for a business trip, whether in the
Philippines or abroad, shall have the same effect as above.
During EMPLOYMENT with the EMPLOYER, the EMPLOYEE shall not be allowed to
engage in employment with any other company, or engage in any activity, organization or
entity which will interfere with employment with the company.
The EMPLOYEE specifically agrees that for a period of one (1) year after
the EMPLOYEE is no longer contracted by COMPANY, the EMPLOYEE will not
engage, directly or indirectly, either as proprietor, stockholder, partner, officer, employee
or otherwise, in the same or similar activities as were performed for the COMPANY in any
business within the Philippines which distributes or sells products or provides services
similar to those distributed, sold, or provided by COMPANY at any time during the years
preceding the EMPLOYEE termination of contract.
The EMPLOYEE consents and agrees, upon request from the EMPLOYER, to undergo, at
a government accredited institution to be named by the EMPLOYER, a medical/drug tests
at expense of the EMPLOYEE. This is to be carried out for purposes of determining the
physical and mental fitness of the EMPLOYEE to perform the functions of the job.
Provided, that at any time after the EMPLOYEE shall have been admitted to work by the
EMPLOYER, the latter may be required to undergo examinations for the presence of
illegal/dangerous drugs. Provided, further, that a positive outcome of this examination will
result in the immediate dismissal of the EMPLOYEE herein.
All existing as well as future rules and regulations issued by EMPLOYER are hereby
deemed incorporated with this Contract. The EMPLOYEE shall be bound by all such rules
and regulations which the EMPLOYER has issued and may, on the interim, issue from
time to time.
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The EMPLOYEE shall be subject to a regular performance appraisal by the EMPLOYER
or any of the former’s immediate supervisors. The performance appraisal shall be furnished
the EMPLOYEE upon the conduct of the same. Provided, that failure to obtain satisfactory
results herein for two (2) consecutive performance appraisals shall be a ground for
termination of the EMPLOYEE.
The EMPLOYER may impose disciplinary measures or sanctions, which may include, but
are not limited to: termination of employment, suspensions, fines, salary deductions,
withdrawal of benefits, loss of privileges, for any and all infraction, act or omission,
irrespective of whether such infraction, act or omission constitutes a ground for termination
within the EMPLOYER’S prerogative but within the means of the law.
The EMPLOYEE shall not engage in other business relationships and activities which are
similar to that of the EMPLOYER. Any business relationship and activity similar to the
EMPLOYER’s shall be terminated upon assumption of duties herein. Provided, that failure
to terminate the similar business relationships and activities shall be a ground for
immediate dismissal of the employee herein.
Aside from the just and authorized causes for the termination of employment enumerated
in Arts. 282 to 284 of the Labor Code, the following acts and/or omissions shall, without
limitation, similarly constitute just and authorized grounds for the termination of
employment by the EMPLOYER and/or grounds for the EMPLOYER to impose
disciplinary.
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In the event of voluntary resignation by the EMPLOYEE from the company, a notice shall
be required to be given to the EMPLOYER. The resignation shall take effect after thirty
(30) days from the time of resignation by the EMPLOYEE. The failure to abide by the
above stipulation(s) shall give rise to liquidated damages equivalent to one (1) month
salary.
In the event of separation from employment by the EMPLOYEE, the EMPLOYEE shall
have a right to receive a FINAL PAY. However, this shall be without prejudice to the right
of the EMPLOYER to withhold the same pending the liquidation of obligations of any
nature with the company.
18. CONFIDENTIALITY
Upon the signing of this contract, it is understood by the EMPLOYEE that all information
obtained within the scope of his functions and even those outside the scope of his functions
which are obtained incidental with employment with the EMPLOYER shall be treated with
utmost confidentiality. The violation of this stipulation shall give rise to any civil, criminal
and administrative liability on the part of the EMPLOYEE.
19 SEPARABILITY CLAUSE
If any provisions of this document shall be construed to be illegal or invalid, they shall not
affect the legality, validity, and enforceability of the other provisions of this document.
20 LAWS GOVERNING
This contract shall be governed by the laws of the jurisdiction where it is to be performed.
For this purpose, if this contract is to be performed in the Philippines, pertinent Philippine
laws shall govern the same. If it is to be performed anywhere else, it shall be governed by
the pertinent laws accordingly.
IN WITNESS WHEREOF, the parties have executed this document this __ day of
_____________________.
___________________________________ ___________________________________
XXX YYY
Employer Employee
Represented by: XXX
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