EMPLOYMENT AGREEMENT

for Remote (Work at Home) Arrangement

BY AND BETWEEN -
EMPLOYER:
Dynata Philippines Inc.
PIPC 7, MEZ 2, Basak,
Lapu-Lapu City, Cebu 6015
and
EMPLOYEE:
Name: Mark Jervis J. Pajares ID Number:
Address: H-18-6 Tropical Village Brgy. San Francisco General Trias,
Cavite
Effectivity Date: February 14, 2022
Job Description: Market Research Interviewer
A. FIXED PERIOD OF EMPLOYMENT

The EMPLOYEE shall work for the EMPLOYER as a Market Research Interviewer for a FIXED
PERIOD, beginning on February 14, 2022 and ending on November 5, 2022

Upon the expiration date of the said fixed period, this Employment Agreement shall automatically
be terminated without need of further notice to either party. Accordingly, the EMPLOYEE shall
immediately cease from working for the EMPLOYER. In addition, the inability of the
EMPLOYER to operate under a Work From Home Arrangement due to restrictions, prohibitions
and/or limitations established by government entities such as PEZA, LGU, DOLE, etc., shall also
cause the termination of this employment agreement after notification has been provided to the
EMPLOYEE.

The EMPLOYEE undertakes to perform his/her work under the Work at Home Arrangement with
the EMPLOYER. As such, the EMPLOYEE commits to provide and to continue to provide and
maintain the equipment, technology and home office with the following specifications:
o Technology
▪ Windows machine running Windows 10 OR Mac computer running a recent version of MAC OS
▪ 8 GB of RAM
▪ Quad Core Processor
▪ Most recent version of Chrome browser
▪ Ability to download software to the computer
▪ A personal email address capable of receiving files
▪ 10 Mbps download internet access speed
▪ Direct plug in wired access to the data connection
▪ Direct plug in access for power for computer or laptop
▪ USB or other headset with mic
▪ Smart phone capable of downloading apps and receiving incoming messages via data or Wi-Fi connection

o Home Office / Work Area

▪ quiet environment to work with no other people, pets or other noise present that is either distracting to the
interviewer or the respondent on the call
▪ a safe place to work near an exit / fire escape route

The prolonged or unreasonable failure to provide any or all of the above-mentioned or the inability to perform
the tasks required due to the inability to maintain the same may be a ground for termination of employment.

Employment Agreement 1
B. SCHEDULE OF WORK DAYS & HOURS

1. The EMPLOYEE may be required to work for five (5) days per workweek (within Monday to Sunday), and for six
(6) hours per workday. The EMPLOYER may increase the number of work hours and/or days if the business of
the EMPLOYER should require extra work.

2. The EMPLOYER, however, may also reduce the number of workdays per week or the number of work hours per
workday in the event there is an excess in the EMPLOYER’s client’s monthly projected sales assessment of
required production hours vis-à-vis the actual monthly production hours.

The EMPLOYEE shall be duly notified by the EMPLOYER regarding the increase or reduction of his/her works
days or work hours within a reasonable period before the intended date of increase or reduction. The EMPLOYEE
shall be paid his/her salary only for the day or hour he/she is required to work and actually does the work.

3. The EMPLOYEE recognizes the right and prerogative of the EMPLOYER to change his/her work assignment, work
hours and/or workdays according to the needs of the EMPLOYER. Without limiting the generality of the foregoing
provision, the EMPLOYER shall have the sole discretion to determine and change the work schedule of the
EMPLOYEE within the workweek and the twenty-four-hour shifting period (day, night or dawn) in a workday and
may split such shift depending on the needs of the EMPLOYEE’s particular work assignment as determined by
the EMPLOYER. The EMPLOYEE shall be duly notified of any change in his/her work schedule. The
EMPLOYER shall have the sole discretion to assign and transfer the EMPLOYEE to a team, project, group or
department. The EMPLOYER shall endeavor to notify the EMPLOYEE, as soon as forecast of work volume
becomes available, of the change in work schedule or that the EMPLOYER shall have no available work to give
to the EMPLOYEE on a particular workday. If the EMPLOYER gives the said notice after the EMPLOYEE has
logged-in, the EMPLOYEE shall only be paid his/her salary equivalent to two (2) work hours and will be asked to
leave the workplace. In case of a change in work schedule or available work is limited, the EMPLOYER'S
Memorandum regarding "Half day, Under time, and Leave Options" may apply.

4. The EMPLOYER may require the EMPLOYEE to work beyond six (6) hours per workday and during rest days,
special holidays, and regular holidays in the event that the exigencies of the EMPLOYER’S business require extra
work, subject to rest day and holiday premiums as may be provided by law and the policies of the EMPLOYER.
Extra work shall only be compensable if EMPLOYEE is notified and required to render such extra work by
EMPLOYER or its representative. Work hours rendered beyond the usual number of work hours per work day if
not beyond 8 hours in a work day shall not be considered as overtime work. The EMPLOYEE shall only be entitled
to overtime pay for work rendered beyond eight (8) hours per work day.

5. The EMPLOYEE shall strictly comply with the Policy, Rules and Regulations of the EMPLOYER relative to
his/her attendance and the attendance log in system and policy.

6. The EMPLOYEE hereby expressly agrees that the EMPLOYEE will only have one (1) rest day per week, the schedule
of which will be determined by the EMPLOYER and that while there may be a day or days in a given week (other
than the scheduled weekly rest day) when the EMPLOYEE will not be required to report for work, such day or
days will not be considered an additional rest day or days, but will be considered a “no work no pay” day.

C. COMPENSATION and EMPLOYMENT BENEFITS

1. The compensation of the EMPLOYEE shall be computed on a monthly basis at Eleven Thousand Two
Hundred Fifty Pesos Only (Php 11,250.00) per month. This amount of monthly salary is based on work

Employment Agreement 2
schedule of FIVE (5) WORKDAYS PER WORKWEEK, SIX (6) WORK HOURS PER WORKDAY or a total of
THIRTY (30) WORK HOURS PER WORKWEEK. The monthly salary shall be proportionately reduced if the
EMPLOYEE works LESS THAN THIRTY (30) WORK HOURS PER WORK WEEK whether due to absences
or due to a reduced workweek or workday schedule. In addition, a monthly allowance of Three Thousand Seven
Hundred Fifty Pesos (Php3,750.00) is provided to support Work from Home expenses such as internet, hardware
and software, prorated based on number of days of actual work. This allowance shall be provided during the period
the Employee is working from home and shall cease when the employee works from the office location.

2. The EMPLOYEE’S monthly salary shall be paid in two (2) installments during a month. The salary will be released
on the 5th day and 20th day of each calendar month. In case such days fall on a non-working day, the salary will be
 released on the next working day without interest. The compensation provided herein shall be subject to any
deductions that the EMPLOYER may be authorized under this agreement or is required or allowed by law to make.

3. The continuation or withdrawal of any additional benefits which may be subsequently given by the EMPLOYER to
the EMPLOYEE shall be governed by the provision of the Memorandum/Instructions/Guidelines granting the
same.

4. The EMPLOYEE hereby expressly agrees that work on the days that are not the EMPLOYEE’s designated rest day
will be paid at the basic wage rate without any rest day premium pay.

5. The EMPLOYEE shall undertake to process the registration or update of his/her SSS, Philhealth, HDMF and BIR
records in order for the EMPLOYER to conduct remittance and other services within the location that it currently
holds office.

D. TERMINATION BY EMPLOYEE

1. The EMPLOYEE may sever his/her employment with the EMPLOYER for any reason he/she deems fit
but must give a written notice/letter of resignation to the EMPLOYER at least thirty (30) days prior to
the intended date of severance. The EMPLOYER may reduce or totally waive the said required number
of days of notice at its discretion.

2. In the event that the EMPLOYEE shall immediately resign without giving any written notice to the
EMPLOYER, or by giving a written notice less than thirty (30) days before the intended date of severance
from employment, or shall intentionally commit acts giving cause for termination at any time during
his/her employment, the EMPLOYEE shall be liable and, without need of demand, pay the EMPLOYER
for TRAINING COSTS in the amount of Twenty Thousand Pesos (Php20,000.00) representing his/her
hiring and training expenses.

3. If in such case, the resigned EMPLOYEE or whose employment has been terminated shall not be able to
pay the amount of the TRAINING COSTS, the said EMPLOYEE agrees that the last and final pay due to
him/her shall constitute as full or partial payment of the TRAINING COSTS, depending on its amount,
without prejudice to any measure the EMPLOYER may take for the collection of the balance, if any. In
consideration for the hiring, the EMPLOYEE gives express consent herein for the said final and last pay
due to the latter to be AUTOMATICALLY WITHHELD by the EMPLOYER and apply the same as full
or partial payment of the TRAINING COSTS as the case may be.

E. TERMINATION BY EMPLOYER

1. During his/her employment, the EMPLOYEE shall be subjected to all the rules and regulation, policies,
memoranda, handbook, code of conduct, circulars, instructions and other issuances, whether written or
verbal, provided by the EMPLOYER and addressed to its employees.
Employment Agreement 3
2. In addition to his/her compliance with the rules and regulations, policies, memoranda and other circulars
issued by the EMPLOYER, the EMPLOYEE shall maintain a level of performance, both in quality and
productivity, as dictated by the EMPLOYER. The EMPLOYEE hereby acknowledges that his/her failure
to meet the level of performance as aforesaid, as specified by the EMPLOYER and by its duly authorized
representative/s, whether orally or in writing, is a ground for the valid termination of his/her
employment with the EMPLOYER. This, however, is without prejudice to the right of the EMPLOYER
to terminate the services of the EMPLOYEE (a) for violation of company rules and policies and (b) for
just or authorized causes as provided for by Philippine Labor laws and by jurisprudence.

3. Subsequently, the prolonged or unreasonable failure of the employee to maintain the required
technological and home office minimum requirements and/or connectivity shall likewise be a ground
for termination.
 4. Termination by virtue of the immediately preceding paragraph shall not make the EMPLOYER liable for
the unserved portion of the fixed term employment period, separation pay (unless required by
applicable law) or any other incentive other than the salaries due to the EMPLOYEE up to the effective
date of termination.

F. MEDICAL EXAMINATION

1. The EMPLOYEE expressly represents that he/she is physically fit to work as a call center agent/market
research interviewer and that he/she is not suffering from any disease, ailment or condition that can
possibly and adversely affect the performance of his/her duties as an employee of the EMPLOYER, or
which may endanger his/her health and/or the health of his/her fellow employees. The EMPLOYEE
expressly holds the EMPLOYER and its agents free from any harm, liability or causes of action arising
totally or partially, directly or indirectly, from any health-related issue of the EMPLOYEE.

2. The EMPLOYEE’s continued employment with the EMPLOYER shall be subject to the satisfactory result
of medical examination by the appointed medical doctor at the EMPLOYEE’s expense as and when
required to do so. If the result of the examination shall be unsatisfactory, the EMPLOYEE shall be
dismissed as provided for by, and subject to compliance with, applicable law.

3. It shall be the duty of the EMPLOYEE to inform the EMPLOYER, at the start of and at any other time
during employment, of any disease, illness or ailment that the EMPLOYEE is suffering which can
possibly and adversely affect the performance of his/her duties as an employee of the EMPLOYER, or
which may endanger his/her health and/or the health of his/her fellow employees.

4. In order to promote a safe work place and in compliance with applicable laws and regulations, the
EMPLOYER has developed work place programs and policies on drug abuse prevention and control,
which includes, without limitation, drug testing of employees and officers (including, without
limitation, mandatory testing, random drug testing, for cause drug testing, and post
accident drug testing (“EMPLOYER Drug Prevention and Control Policy”). The EMPLOYER Drug
Prevention and Control Policy is as set forth in Annex “B”. THE EMPLOYEE HEREBY EXPRESSLY
ACKNOWLEDGES AND AGREES THAT THE EMPLOYEE HAS FULLY READ AND THUS
UNDERSTANDS, AND EMPLOYEE EXPRESSLY ACCEPTS AND AGREES TO THE TERMS OF,
THE EMPLOYER DRUG PREVENTION AND CONTROL POLICY.

G. EMPLOYEE AUTHORIZATIONS

Employment Agreement 4
1. The EMPLOYEE expressly authorizes the EMPLOYER or any of its representatives to search his/her
person and belongings upon his/her ingress to and egress from the EMPLOYER’s premises. This
authority extends to searches done, with or without the presence of the employee, in the working area
of the employee, his/her computer files or data in his/her desktop or notebook or other devices, lockers,
baggage, containers, etc., regardless of the ownership thereof as long the same are within the premises
of the EMPLOYER. The EMPLOYEE hereby waives his/her right of action to be compensated for any
damage, whether criminal or civil, that may arise by reason of the search.

2. Further, the EMPLOYEE expressly authorizes the EMPLOYER or any of its representatives to transfer/re-
assign the EMPLOYEE to any position upon the sole discretion of the latter or to any of its branches/call
centers in the Philippines. The EMPLOYER shall also have the right to assign unilaterally its rights,
interests and privileges in this agreement to another party. The EMPLOYEE consents to any future or
subsequent transfer of his/her employment to another party.

H. NON-DISCLOSURE AGREEMENT

1. The EMPLOYEE during and after his/her employment, shall not use to his/her personal advantage,
 divulge or disclose to any third person or persons, in any manner and in whatever medium, including
but not limited to posting, writing, commenting in any internet “blog sites” or in any “social networking
sites”, or other similar sites in the internet or in the world-wide web, regardless of the
ownership/account of the “blog site” or “social networking sites” or other similar sites, any information
regarding the business, operation, workings, personnel and staff of the Company, or any information
regarding the clients of the Company, any surveys and its results, client records, client listing, survey
titles, company records, and other documents or information of the clients of the Company or of the
Company itself.

2. Violation of this Non-Disclosure Agreement shall constitute a breach of this Agreement and shall be a
ground for the immediate termination of the employment of the EMPLOYEE.

I. IT SECURITY AND INTELLECTUAL PROPERTY

1. The EMPLOYEE agrees to comply with copyrights, software licenses, and all other laws governing
intellectual property.

2. Unauthorized access to or download from the EMPLOYER’s information systems is strictly prohibited.
The EMPLOYEE should never use someone else’s ID or password, nor should he/she give his/her ID
or password to someone else, except when necessary to facilitate computer maintenance and/or repairs
– after which he/she should change his/her password.

3. The EMPLOYEE shall not disguise his/her identity while using the computer system. Disabling,
defeating, or circumventing any of the EMPLOYER’s security facility (firewalls, proxies, screening
programs, password protection, etc.) is prohibited.

4. The EMPLOYEE shall not post messages on any Internet bulletin board that compromises the
confidentiality of business information or breaks other EMPLOYER policies.

5. The EMPLOYEE, upon entering into this employment contract, authorize the EMPLOYER to monitor,
review and record work-related telephone calls from any workstation, and all work related computer
information, including, but not being limited to, data and e-mail.

6. Any violation of the above-mentioned provisions on IT Security and Intellectual Property may be a
ground for termination of employment by the EMPLOYER.

Employment Agreement 5
J. NON-COMPETE CLAUSE

The EMPLOYEE shall be fully bound by the Non-Compete Clause, hereto attached as Annex “A” and
forms a vital part of this Agreement.

K. OTHER TERMS AND CONDITIONS

1. The EMPLOYEE agrees to render true and faithful service and loyalty to the EMPLOYER, to religiously
perform his/her duties and obligations to the best interest of the EMPLOYER, and to observe and abide
by the company policies and procedures, and rules and regulations of the EMPLOYER. In return, the
EMPLOYER agrees to recognize loyalty and good performance of the EMPLOYEE in the manner that it
may deem appropriate.

2. The EMPLOYEE agrees not to simultaneously be engaged in or employed by, or work for, any other call
centers, whether inbound or outbound, or other companies engaged in an industry related to market
research, whether gainful or not, be it or full time, unless otherwise allowed by the EMPLOYER in
 writing. For purposes of this paragraph, market research shall mean the scientific process for collecting,
surveying, analyzing and interpreting information acquired by means of telephone or through the use
of internet facilities, to improve marketing strategies of the specific individual, person, companies,
entities, groups, or organization, whether the same is based and located Philippines or abroad.

3. It shall be the duty of the EMPLOYEE to immediately inform and disclose the EMPLOYER, at the start of,
and at any time during, employment, of any other work, employment or engagement, whether gainful
or not, be it part-time or full-time, that the EMPLOYEE may have at the start. From time to time, the
EMPLOYEE shall inform the EMPLOYER of any change in the status of his/her other employment/s.

4. The EMPLOYEE hereby confirms that he/she is not bound by any contract or undertaking with any
person, corporation or entity, preventing or restricting him/her to be employed with Dynata Philippines
Inc. In the event that the EMPLOYER is impleaded in a suit instituted by another or previous employer
of the EMPLOYEE brought about by the latter’s breach of contract or undertaking with his/her another
or former employer or upon any such other ground/s, the EMPLOYEE hereby commits to fully
reimburse the EMPLOYER, without need of demand, the total sum of actual damages, costs of suit and
attorney’s fees, with legal interest, incurred by the EMPLOYER to defend itself in the suit and for such
other incidences arising from, related to or connected with such suit.

5. The EMPLOYEE hereby declares that he/she has no criminal convictions recorded against him/her.
Conviction of any crime or offense in any courts or administrative agencies in the Philippines or in other
jurisdiction for a crime or offense involving moral turpitude is a ground for the EMPLOYER to terminate
the employment of the EMPLOYEE.

6. The EMPLOYEE submits/agrees to abide by all rules and regulations instituted by the EMPLOYER now
and in the future, whether orally or in writing, and further submits/agrees to accept any and all
sanctions, including dismissal, under the penal provisions of the said rules and regulations.

7. The EMPLOYEE hereby acknowledges his/her attendance to the orientation seminar conducted by the
EMPLOYER during the first day of his/her employment wherein the rules and regulations governing
all employees of the EMPLOYER have been presented, made known, explained and discussed. The
EMPLOYEE hereby further acknowledges that he/she fully understood all aspects of the said rules and
regulations and that the EMPLOYEE hereby undertakes to fully abide by the

Employment Agreement 6
said rules and regulations under pain of the penalties provided therein and as may be imposed by the
EMPLOYER.

8. The EMPLOYEE shall perform his/her duties in accordance with the market researcher job description,
as well as those assigned by the supervisor and/or director.

9. The EMPLOYEE undertakes to diligently comply with all the provisions of this Agreement. Any breach,
whether intentionally or negligently, committed by the EMPLOYEE shall be a ground for rescission of
this Agreement and termination of employment by the EMPLOYER.

10. The EMPLOYEE, upon severance of employment relations with the EMPLOYER, whether through
resignation by the EMPLOYEE, termination of employment by the EMPLOYER or expiration of the one-
month period as provided in this Agreement, shall apply for and process the required clearance and
shall comply with the rules and procedure pertinent thereto.

11. The EMPLOYER and EMPLOYEE both acknowledge that they have carefully read this AGREEMENT
and fully appreciated their respective rights and obligations hereunder.

IN WITNESS WHEREOF, the EMPLOYEE and EMPLOYER have executed this FIXED TERM
EMPLOYMENT AGREEMENT on the date stated on the first page hereof.
 ___________________________________________________________________
For and in behalf of Dynata Philippines Inc.:
Cheryl Lim-Mosqueda Signature:
Manager, Human Resource Date:

___________________________________________________________________
Signature:
Employee Name:
Date: February 12, 2022
___________________________________________________________________

Employment Agreement 7
ACKNOWLEDGMENT
Republic of the Philippines)
Davao City ) SS.

BEFORE ME, a Notary Public for and in the Province of Davao and the City of Davao, personally
appeared the following, with the corresponding Community Tax Certificates (C.T.C) and Government Issued
ID and the dates and place of issue as follows:
Name CTC No. and Date of Issue Place of Issue
Govt.-Issued ID

For and in behalf of the Dynata Philippines Inc.: 03176652 1/19/2022 Lapu-Lapu City
Cheryl Lim-Mosqueda

SSS No.: 0623722671

EMPLOYEE:
Cedula Info:

SSS No.: 35-1505753-2 1/20/2022 General Trias City

who acknowledged to me that they have executed the foregoing EMPLOYMENT AGREEMENT, consisting of
sixteen (16) pages including Annex “A” and Annex “B” hereof and the page on which this acknowledgment is
written, of their own free will and/or with the full consent and authorization of the parties they represent.

Doc. No. ________;

Page No. ________;
Book No. ________;
Series of 2021.

Employment Agreement 8
Annex A – NON – COMPETE CLAUSE

1. Definitions
The term “Company’ shall include Dynata Philippines Inc., Dynata Philippines Inc. and any other business
entity or subsidiary affiliated with or controlled by SSI Philippines Inc.

The type of “Business” conducted by the Company consists of market/opinion research, market research data collection
and market opinion research processing, customer support, customer relationship management, and other similar activities.

The term “Competing Business” to the Company means a specific employment, activity or job description to carry out
market/opinion research, market research, data collection and market opinion research processing, customer
support, customer relationship management, and other similar activities for which TRAINEE/EMPLOYEE was
employed by the Company and regardless of whether said Competing Business is located where the Company
does, intends or attempts to do business and shall include a company engaged in business commonly referred to as
a “call center”.

2. Prohibition against competitive employment – Employment with any competitor of the Company is strictly forbidden.
 The TRAINEE/EMPLOYEE agrees that he/she will not participate, directly or indirectly, personally or as an agent
or employee of another in any Competing Business during his current employment with the Company.

This prohibition against the employment of the TRAINEE/EMPLOYEE in a Competing Business shall also apply
within a period of ONE (1) MONTH following the termination of his/her employment from the Company, for
any cause whatsoever, except with the written consent of the Company expressly given.

In the event that the TRAINEE/EMPLOYEE, directly or indirectly conducts or provides research or customer support
services of a similar nature for or on behalf of any competing business during the employment of such
TRAINEE/EMPLOYEE or within a period of TWO (2) MONTHS from the Termination of the
TRAINEE’S/EMPLOYEE’S AGREEMENT with the EMPLOYER, the TRAINEE/EMPLOYEE shall reimburse
the value of the formal training and/or on-the-job training costs which had been incurred during the on-the-job
training period for the TRAINEE’S/EMPLOYEE’S professional growth, which liquidated amount shall be
determined solely by the EMPLOYER.

The amount of the Formal Training Costs and/or On-the-Job Training Costs shall also include applicable damages
and legal interests and shall be due and demandable within ten (10) days of the TRAINEE’S/EMPLOYEE’S
commencement of such competitive employment or service.

3. The remedy available to the EMPLOYER under Paragraph 2 shall be in addition and shall not be a bar to the recovery of
sums of money and damages, as well as applicable fees and interests under the immediately succeeding paragraph.

REMEDIES UPON BREACH OR THREATENED BREACH

In the event of a breach or threatened breach by the TRAINEE/EMPLOYEE of the terms of this Contract, the
TRAINEE/EMPLOYEE agrees that if the Company’s remedy in the form of monetary damages for any breach hereof
may be inadequate, in addition to any remedy for such breach, the Company shall also be entitled to a temporary
restraining order, preliminary and/or permanent injunction restraining and enjoining the TRAINEE/EMPLOYEE from
(a) disclosing, in whole or in part, confidential information; (b) from rendering services to any person, firm, corporation,
association, or other entity to whom such information, in whole or in part, has been disclosed or is threatened to be
disclosed; and (c) breaching any provisions of this Agreement. Nothing herein shall be construed as prohibiting the
Company form pursuing any other remedies available to the Company for such breach or threatened breach such as
applicable Damages, Attorney’s Fees and Legal Interest as well as criminal or civil liabilities. Finally, the Company
shall be entitled to injunctive relief for any breach or threatened breach by the TRAINEE/EMPLOYEE of any portion
of the Agreement.

4. Further, the TRAINEE/EMPLOYEE hereby constitutes this paragraph as his/her Special Power of Attorney authorizing
the EMPLOYER or its duly authorized representative to levy, attach or garnish in its favor, the amount

Employment Agreement 9
equivalent to the quotient of Fifty Thousand Pesos (Php50,000.00) divided by the number of months in which he/she
has been with the EMPLOYER.

5. The TRAINEE/EMPLOYEE further agrees that the remedy of levy, attachment and garnishment available to the
Company or its duly authorized representative, as set out in Par. 4 herein, shall be without prejudice to the right of the
EMPLOYER to seek other relief such as criminal and/or civil proceedings against the TRAINEE/EMPLOYEE.

6. The TRAINEE/EMPLOYEE, in addition, agrees that the terms and conditions herein are fair and reasonable and they
represent the least restriction on the TRAINEE’S/EMPLOYEE’S future employment and ability to earn a living and
that the terms and conditions are consistent with the Company’s need to protect confidential information including, but
not limited to, EMPLOYER’S inventions and trade secrets.

Likewise, should any suit or court proceeding ensue as a consequence of the interpretation or implementation of any of
the terms and conditions set out in this Employment Agreement including Annex “A”, as well as the enforcement of
the remedy of garnishment, levy or attachment available to the EMPLOYER, as set out in Par. 4 herein, it is expressly
agreed by both the EMPLOYER and the TRAINEE/EMPLOYEE that the venue shall be in any Regional Trial Court
in the City of Cebu ONLY, to the exclusion of any other possible venue.

7. Finally, the TRAINEE/EMPLOYEE also agrees that the EMPLOYER may contact any future employer of the
TRAINEE/EMPLOYEE for the limited purpose of informing the said future employer of the covenants herein contained
and of enabling the EMPLOYER to determine whether or not the TRAINEE/EMPLOYEE is in compliance with these
covenants.
Employment Agreement 10
ANNEX “B”

EMPLOYER DRUG PREVENTION AND CONTROL POLICY

Drugs and Alcohol Prevention and Control Policy

Alcohol: The possession, consumption, purchase, or sale of alcohol on Dynata Philippines, Inc. (“Dynata”)
premises or in vehicles is prohibited. You are expected and required not to be under the influence of alcohol
while conducting business on and off company premises. Exceptions to this provision may be made for
special situations (as in holiday parties and management sponsored events), subject to approval by a
member of the Global Executive Team and carried out based on Dynata’s standards and limitations.

Legal Drugs: Legal drugs are those that are either prescribed lawfully or purchased over-the-counter and
are used for the sole purpose of which they were prescribed or sold. If you are taking a legal drug that
might impair safety, performance or your motor functions, please advise human resources before reporting
to work under such medication. If it is determined that using this legal drug does not pose safety or product
quality risks, you will be permitted to continue working.

Illegal Drugs: Illegal or dangerous drugs and controlled or harmful substances (“Illegal Drugs”) are those
that are not legally obtainable or are legally obtainable but have not been attained in a lawful manner.
(Examples include cocaine, marijuana, amphetamines, etc.). The use, sale, purchase, transfer, or
possession of Illegal Drugs is prohibited on Dynata premises or when you are performing business off
Dynata premises. It is also prohibited for employees to be under the influence of Illegal Drugs while
performing one’s duties, whether within our outside Dynata premises, and anytime while within Dynata
premises.

Testing for Drugs and Alcohol: Your cooperation with drug or alcohol screening may be required as a
condition of employment. Your refusal to cooperate with such a request and to provide a specimen is a
ground for termination. As consistent with applicable laws and/or company policy, urinalysis or other
drug/alcohol screening may be required:
o On a random, for-cause or post-accident testing
o Of any applicant to whom a conditional offer of employment has been made. O Of any employee
where there’s a reasonable suspicion that he or she may be under the influence of drugs or alcohol
including but not limited to evidence of drugs on or about the employee’s person or in the employee’s
vicinity, unusual conduct on the employee’s part that suggests impairment or influence of drugs,
negative performance patterns or excessive and unexplained absenteeism or tardiness and the like o
Whenever an employee is working in a job classification that has been designated as high-risk or safety
sensitive for purposes of this provision.
O If such testing is either required or permitted by any law or government regulation. Please see

Drug-Free Workplace Program below for the guidelines for the conduct of drug-testing.

Inspections: Dynata may conduct unannounced inspections for violations of this provision and its
stipulations. All property such as desks, lockers, file cabinets, etc. will be subject to inspection along with
any of your property located on Dynata premises or work sites. You are expected to cooperate with any
such inspection.

Treatment: While Dynata does not condone the misuse of alcohol and prescription drugs, and/or the use
of illegal drugs, we do recognize that addiction to drugs and/or alcohol can be treated. If you recognize a
personal addiction or abuse problem, and seek assistance from management in advance of detection,
Dynata is willing to assist you in seeking treatment, if it is practical and useful to your situation and, in

Employment Agreement 11
case of illegal drug use, subject to the provisions of Dynata’s Drug-Free Workplace Program. Treatment
will be for your account.

DRUG-FREE WORKPLACE PROGRAM

Dynata will organize an Assessment Team, composed of Dynata’s safety and health committee,
including occupational safety and health personnel, human resources managers, management and
workers’ representatives, if there are any. The members of the Assessment Team shall be trained
to address all aspects of prevention of, treatment of, and rehabilitation from drug abuse.

Components of Program

1. Advocacy, Education, and Training

Dynata will conduct awareness and education campaigns regarding the dangers and adverse effects
of drug abuse. The orientation-education program will include, among others, the following topics:

• Salient Features of Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act of
2002 and its Implementing Rules and Regulations, as amended;

• Dynata policies and programs on drug-free workplace;

• Adverse effects of abuse and/or misuse of dangerous drugs on the person, workplace,
family and the community;

• Preventive measures against drug abuse; and

• Steps to take when intervention is needed, as well as the services available for treatment
and rehabilitation.

2. Drug Testing Program for Officers and Employees

For purposes of reducing the risk in the workplace, Dynata shall require all officials and employees
to undergo a random drug test. A random drug test refers to an unannounced schedule of testing
with each employee having an equal chance of being selected for testing. To the extent required
by law, Dynata shall shoulder the costs of drug testing. [Note: If the size of Dynata allows for all
employees to be subject to the drug test, then Dynata should have all its employees undergo the
drug tests. Otherwise, random sampling is permissible, so long as all employees have equal
chances of being selected for the drug tests. Dynata must predetermine the percentage of
employees to be covered by the sampling.]

The rules for the random drug test shall be as follows:

1. The head of the Human Resources Department [Note: Dynata may designate another officer.]
will determine the schedule for conducting drug tests, in coordination with a drug testing
laboratory recognized and certified by the Department of Health (“DOH”).
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2. The employee database will be used to randomly select employees for testing. The selection
shall be by way of lottery, using the employees’ birthdays, identification or employee
numbers, or other suitable basis.

3. If any of the selected employees are absent, another name will be randomly selected.

4. The Human Resources Department will meet with the randomly selected employees before the
tests to be advised of the tests procedure.

5. An employee will be subject to the appropriate disciplinary action if he/she deliberately and
unreasonably fails to submit to the tests on the date and time requested.

6. Drug tests shall follow the procedures as prescribed by the DOH.

7. Specimen collection will be performed only by drug testing laboratory personnel. 8.

After the specimen is collected, the employee will go back to work.

9. When the laboratory results are complete, each employee will be advised of his/her individual
test results.

10. If the initial test is positive, a confirmatory test will be performed using the same specimen.

11. If the confirmatory test is positive, the employee shall be subject to the appropriate
disciplinary action.

Except when required by law in case of overriding public health and safety concerns or where such
exceptions have been authorized in writing by the person concerned, Dynata shall maintain the
confidentiality of all information relating to the drug tests and their results or to the identity of drug
users in the workplace.

A drug test is valid for one year from the date of the tests. However, additional drug testing may
be required for just causes as in any of the following cases:

• After workplace-related accidents, including near miss. Near Miss is an incident arising from
or in the course of work which could have led to injuries or fatalities of the workers and/or
considerable damage to the employees had it not been curtailed;
• Following treatment and rehabilitation to establish fitness for returning to work/resumption
of job; and
• In light of clinical findings and/or upon recommendation of the Assessment Team.

3. Treatment, Rehabilitation and Referral

The drug prevention and control program shall include a treatment, rehabilitation, counseling,
and referral procedure.

If an employee’s confirmatory drug test turns positive, the Assessment Team shall evaluate the
results and determine the level of care and administrative interventions that can be extended to the
concerned employee.

Employment Agreement 13
The Assessment Team shall determine whether or not an officer or employee found positive for
drug use would need referral for treatment and/or rehabilitation in a DOH accredited center.

Treatment and Rehabilitation refers to the dynamic process, including after-care and follow-up
treatment, directed towards the physical, emotional, psychological, vocational, social and spiritual
change or enhancement of a drug dependent to enable him/her to live without dangerous drugs,
enjoy the fullest life compatible with his/her capabilities and potentials and render him/her able to
become a law-abiding and productive member of the community.

This option of Treatment and Rehabilitation is available only in the following instances: 1.

Where the officer or employee is diagnosed with drug dependence for the first time; 2.

Where the officer or employee turns to the Assessment Team for assistance; or 3. Where

the officer or employee would benefit from the treatment and rehabilitation. The concerned

officer or employee shall shoulder the costs of treatment and rehabilitation.

Following rehabilitation, the Assessment Team, upon consultation with the head of the
rehabilitation center, shall evaluate the status of the drug dependent employee and recommend to
Dynata whether such employee can resume working, provided that he/she poses no serious danger
to his/her co-employees and/or the workplace.

In conjunction with the rehabilitation/treatment facility, Dynata may make available assistance
and counseling programs for emotionally-stressed employees.

4. Monitoring and Evaluation

The Health and Safety Committee, together with the Assessment Team, shall monitor and
periodically evaluate the implementation of this Program, to ensure that the goal of a drug-free
workplace is met.

Punishable Acts

1. An employee who tests positive for drug use for the first time shall be referred by the
Assessment team for rehabilitation and counseling. Depending on the circumstances
surrounding such drug use, and the extent and gravity of damage or injury inflicted to
Dynata property or his/her co-employees, the employee shall be subject to the appropriate
disciplinary action, up to and including suspension or termination from employment.

2. A drug-positive employee who is referred by the Assessment Team for rehabilitation and who
unreasonably refuses to undergo such rehabilitation shall be dismissed from employment.

3. Repeated drug use even after ample opportunity for treatment and rehabilitation shall be a
ground for termination from employment under Article 297 (formerly 282) of the Labor
Code of the Philippines.

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4. Dynata shall ensure that the employee concerned is accorded due process before referring
him/her for rehabilitation or imposing the appropriate disciplinary action.
5. Any officer or employee who uses, possesses, distributes, transports, administers, sells or
attempts to commit any of such acts in relation to dangerous drugs or their paraphernalia,
or otherwise commits other unlawful acts as defined under Article II of the Comprehensive
Dangerous Drugs Act of 2002 and its Implementing Rules and Regulations shall be subject
to the appropriate disciplinary action.

Final Provisions

The Program shall form part of the terms and conditions of employment. Dynata shall amend the
Program as may be required by law, government regulation or business exigencies.

Nothing in this Program shall preclude Dynata from instituting the appropriate criminal or civil
complaint against an employee who commits any of the punishable acts defined under this
Program, the Comprehensive Dangerous Drugs Act of 2002, its Implementing Rules and
Regulations, and other applicable laws and rules and regulations.

Applicable Laws: Dynata will faithfully comply with the applicable Philippine laws regarding
Drug-Free Workplace, other issuances relating to Occupational Health and Safety.

Employment Agreement 15