PAKYAW AGREEMENT

KNOW ALL MEN BY THESE PRESENT:

This agreement made and entered into this ________ day
of__________________, 2021 at Akle, San Ildefonso Bulacan, wherein Sta. Ana
Builders, Inc., is represented herewith by Jay Castillo, duly authorized for the purpose
and herein after referred to as the implementing Agency and ___________________,
as private contractor for the loading service.
RECITALS:
Sta. Ana Builders, Inc., offered the Individual Pakyaw Contractor to work for the
company as its employee with basic pay and standard benefits. However, the Individual
Pakyaw Contractor, refuse to be an employee with basic pay and standard benefits of
Sta. Ana Builders, Inc. and preferred to be an Individual Pakyaw Contractor or Project-
Based Employee for a fixed period of _______ years from _______ to _________ co-
terminus with Sta. Ana Builders, Inc. contract with Eagle Cement Corporation.
Individual Pakyaw Contractor or Project Based Employee preferred to be paid
per bag for working hours of 12 hours per day on agreed schedule and understand that
there is no employee – employer relationship created between them and Sta. Ana
Builders, Inc..
Likewise, the Individual Pakyaw Contractor or Project Based Employee in this
contract made this choice in their own free will, knowing all the consequences that may
arise and warrants that they will defend Sta. Ana Builders, Inc. from any kind of suit and
will not bring any complaint in the Department of Labor relating to this contract except if
Sta. Ana Builders, Inc. fails to comply with the conditions stated hereunder.
Witnesseth:
That in consideration of the pakyaw rates of 35 cents per bag loaded for a
minimum working hour of 12 hours per loading per day, the parties agreed as follows:
1. That the individual Pakyaw Contractor or Project Based Employee in this
contract will work for 12 hours per day on agreed schedule as piler.
2. That the Individual Pakyaw Contractor or Project Based Employee in this
contract shall complete the loading work based on the instruction given for purposes of
achieving the ends or desired results of the work but not the manner and means to be
used in reaching that end, provided that Sta. Ana Builders, Inc., reserved the rights to
reasonably blacklist or refuse to accept certain Individual Contractor if determined that
such person/s will have an adverse impact on the performance of the services.
3. That the Individual Pakyaw Contractor or or Project Based Employee in this
contract shall further comply with the terms and conditions of this contract especially in
the attached general conditions of pakyaw agreement.
4. That the Individual Pakyaw contractor agree to commence the loading works
on June 1, 2021 and complete the same in ________________, wherein Sundays and
legal holidays are included.
5. That the payment will be based on the actual number of bags loaded as
agreed upon.
 6. That, two weeks prior to the end of this contract the individual contractor shall
inform Sta. Ana Builders, Inc., about their intention to renew their pakyaw contract.
7. That the individual pakyaw contractor will be held liable for any intentional
delay or violation of this agreement.
8. That individual pakyaw contractor warrants and shall submit Drug Test Result
with Negative from drugs result, Certification from a government physician that they are
Physically and mentally fit to perform the job as Piler, good moral character from their
respective barangay, cleared by local agencies, NBI, PNP and have not been convicted
of any crime involving moral turpitude.

In Witness hereof the parties aforesaid have hereto affixed their signatures:
FOR AND IN BEHALF OF:
Sta. Ana Builders Inc.

Jay Castillo
Contractor Implementing Agency

Individual Contractor or Project Based Employee

___________________________
 GENERAL CONDITIONS OF PAKYAW AGREEMENT
1. All works called for under this agreement shall be performed under certain
instruction of Sta. Ana Builders Inc. personnel/Implementing Agency necessary to attain
the end or desired results but not the manner and means to be used in reaching that
end.
2. The INDIVIDUAL Contractor will be grouped per schedule and shall called
PAKYAW GROUP which employ shall be from available skilled workers from the
barangay where the project is located; semi-skilled workers from the municipality or city
were the project is situated and skilled workers from the province which has jurisdiction
over the project and from other places who are also qualified and capable.
3. The Sta. Ana Builders Inc. manager or supervisor may stop or suspend the work
at any time he deems it to be necessary by informing the PAKYAW GROUP in writing.
In such cases payment shall be made base on the actual bags loaded.
4. If the individual contractor will be absent, he should notify the manager or
supervisor of Sta. Ana Builders Inc. before the scheduled time of work, to avoid delay of
loading works and if due to such absence without notice unreasonably delays happen,
then the contract may be terminated and claims for partial payments shall be based on
completed loading works.
5. The PAKYAW GROUP shall work at least 6 days a week, on the agreed 12
hours work per shift, excluding Public Holiday until the end of the pakyaw loading works
are completed.
6. The PAKYAW GROUP shall furnish a minimum of 42 and maximum of 54
workers unless it is necessary to add or reduce the work force needed.
7. The IMPLEMENTING AGENCY/Sta. Ana Builders Inc. as an assistance to the
contractor, shall lend the contractor with the necessary hand tools, wheelbarrows and
steel scrapers for the duration of the works. The replacement cost of any Items
misplaced by the PAKYAW GROUP shall be deducted from the group earnings.
8. The IMPLEMENTING AGENCY/Sta. Ana Builders Inc. shall not be held liable
for any obligation arising from the injury, sickness, durability or death of the group
members.