Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 13

EMPLOYMENT CONTRACT

-The Parties-

This Employment Contract is entered by and between:

EMPLOYER DETAILS:

Company name: TROPICAL AGRICULTURE COOPERATIVE

Business address: PUROK I, BRGY. SAN ROQUE, SAN ISIDRO, NUEVA ECIJA, PHILIPPINES

EMPLOYEE DETAILS:
Employee name:
Residence address:

The PARTIES MUTUALLY agree on the following terms and conditions:

SECTION 1. EMPLOYMENT TERM AND CLASSIFICATION

1.1 The employee is subject to a PROBATIONARY PERIOD with details specified in Annex A

1.2 During the Probationary Period, the Employee shall undergo a trial period where he shall perform
the assigned duties and responsibilities and shall comply with the policies and procedures that the
EMPLOYER has provided to its employees on the EMPLOYEE MANUAL AND CODE OF
CONDUCT.

1.3 The EMPLOYER, on the other hand, shall determine the suitability and/or fitness of the
EMPLOYEE for regular employment in accordance with the standards and expectations stipulated
on Section 5 of this Employment Contract and as provided for in the EMPLOYEE MANUAL AND
CODE OF CONDUCT.

1.4 The performance of the EMPLOYEE shall be evaluated by the EMPLOYER, of which the latter
shall recommend appropriate action regarding other appointment (i.e. transfer), regularization,
extension of probationary employment or termination.

1.5 EMPLOYER reserves the right to extend the probationary status of the EMPLOYEE or to formally
appoint the EMPLOYEE to another status and/or position in the company after careful assessment
and evaluation of the EMPLOYEE’s performance.

1.6 Should the EMPLOYEE fail to qualify for regular employment on account of his inability to meet the
standards, EMPLOYER may, at its sole prerogative, give Employee further opportunity to prove his
capability to meet the standards for regularization by offering to extend the PROBATIONARY
PERIOD for such reasonable period as the EMPLOYER may determine. However, the
PROBATIONARY PERIOD shall not be considered extended until and unless Employee agrees in
writing to the extension of the PROBATIONARY PERIOD. The EMPLOYEE’s refusal or failure to
accept in writing offer for an extension of the Probationary Period within three (3) days from receipt
of such offer shall result in the termination of the EMPLOYEE in accordance with the provision on
termination on this Contract.
1|Page
1.7 EMPLOYEE shall not be deemed to have qualified for regularization unless a REGULARIZATION
APPOINTMENT in writing has been received and executed. Failure of the EMPLOYEE to receive
such notice on or before the last day of probationary period shall be taken as END OF
PROBATIONARY CONTRACT, in which case, his employment shall cease to exist and shall no
longer be permitted to work after the lapse of the probationary period.

1.8 The EMPLOYER reserves the right to terminate employment for just cause, authorized cause, or
for failure to meet the company’s standards of employment, in accordance with the due process
requirements as provided by law.

1.9 If the EMPLOYEE terminates this Agreement within the probationary period, a one (1) month
advance written notice shall be required. Failure to observe the notice requirement shall entitle the
EMPLOYER to claim as damages, the amount in proportion to the EMPLOYEE’s 1 month salary
representing the days which the EMPLOYEE failed to observe the notice requirement, unless
otherwise expressly waived by the EMPLOYER in writing and without prejudice to any other rights,
remedies or actions available to EMPLOYER under the law

SECTION 2. ONBOARDING

2.1 EMPLOYEE must submit the preemployment requirements on time and fill out the mandatory
employment forms as enumerated in the EMPLOYMENT REQUIREMENTS checklist; otherwise,
the EMPLOYER shall neither be held liable nor accountable for the nonentitlement, delay and/or
insufficiency of the compensation, benefits and/or other incentives payable to the EMPLOYEE by
reason of his noncompliance.

2.2 EMPLOYEE shall undergo a PREEMPLOYMENT MEDICAL EXAMINATION prior to


commencement of employment. Failure to undergo the said examination may result to delays in
start date and/or termination of this contract.

2.3 EMPLOYER shall treat with utmost confidentiality the results of the medical examination. Should
EMPLOYEE be found to have serious illness deemed harmful or detrimental to the operations of the
EMPLOYER, employment shall be terminated in accordance with the related provisions of the
Philippine Labor Code.

2.4 EMPLOYER shall conduct a REFERENCE/BACKGROUND CHECK at any time prior to the job offer
and within the duration of the PROBATIONARY EMPLOYMENT. Should the EMPLOYER receive
an unfavorable or adverse feedback within such period, EMPLOYER shall have the right to
determine whether to continue or severe the services of the EMPLOYEE depending on the gravity
of theinformation received and which shall, in any case, be in accordance with Section 12 of this
Employment Contract.

SECTION 3. WORK ASSIGNMENT AND JOB PERFORMANCE

3.1 The work assignment of the EMPLOYEE is specified in Annex A.

3.2 The EMPLOYEE is expected to carry out the responsibilities effectively, in a timely manner and
with a high level of professionalism. The specific job responsibilities and/or the KPI’s, include, but
are not limited, on the attached JOB DESCRIPTION as specified in Annex A.

3.3 EMPLOYER has the sole prerogative to evaluate EMPLOYEE’S performance, at any time during
his PROBATIONARY PERIOD and at such times/intervals as it may deem necessary, in order to
2|Page
determine the latter’s fitness to become a regular employee. Consequently, EMPLOYEE’s services
may be terminated in case of failure to meet the standard set by the EMPLOYER.

3.4 EMPLOYER shall likewise have the right and responsibility to: a) identify and set performance and
productivity standards such as, but not limited to, the following: KPI’s, targets, goals, quotas,
knowledge of work, efficiency, quality of work, initiative, attendance, work attitude, work and
behavior; and b) communicate these expectations to the EMPLOYEE.

3.5 EMPLOYEE shall at all times act in good faith, promote the interests of the EMPLOYER and abide
by all the policies relating to his employment as prescribed in the employee handbook, manual,
and/or policy memorandum which may hereafter be issued, including but not limited to those
governing order and discipline, dishonesty, safety and security, working hours, work assignments,
standard operating procedures, proper attire, use of company properties and such other rules as
may be deemed necessary in the conduct of the business.

SECTION 4. WORKING HOURS, DAYS AND TIME

4.1 The EMPLOYEE agrees to devote his full time, attention and best efforts to the business concerns
and official affairs of the EMPLOYER during his assigned shift or work schedule and at other times
outside normal work hours or shift, as may be reasonable and necessary to undertake and fulfill
the duties of the Position.

4.2 The work schedule as specified in Annex A, shall be observed, unless otherwise modified by the
Management depending on operational requirements or by other reasons acceptable under the
law.

4.3 EMPLOYER reserves the right to change the work schedule by giving a prior notice to the
EMPLOYEE. In its modification of the work schedule, EMPLOYER shall take into due
consideration the preference of EMPLOYEE, whenever possible.

4.4 EMPLOYER espouses a “no work, no pay” policy. Employee shall abide by the established work
hours of the EMPLOYER and/or the assigned work schedule. Failure to complete the established
work hours by reason of tardiness, absences, under time or other incidents preventing EMPLOYEE
to complete his work hours shall not be compensable.

4.5 Work performed in excess of eight (8) hours shall not be compensable nor be entitled to overtime
pay without a formal written request by the Employee and the prior written approval by the
EMPLOYER. Likewise, any work rendered during holiday shall not be compensable unless
approved in writing by EMPLOYER.

4.6 If applicable and/or eligible, the Employee shall be entitled to overtime pay, night differential pay
and/or holiday pay, provided that the condition stipulated in Section 4.5 is observed.
Supervisory/Managerial Level positions are not entitled to labor standards set forth under Book
Three Title I of the Labor Code of the Philippines.

4.7 EMPLOYER has the right to compel Employee to render overtime work in case of heavy workload
and all other exigent instances where EMPLOYER deems it necessary to render overtime work.

SECTION 5. COMPENSATION AND BENEFITS PACKAGE

5.1 EMPLOYEE is entitled to receive a COMPENSATION PACKAGE as specified in Annex A.

5.2 For reimbursable allowances as prescribed in Section 5.1, with the exception of the De Minimis
3|Page
allowance, EMPLOYEE shall provide official receipts on a monthly basis covering the current
month. Submission of the official receipts shall be no later than the 27th day of the current month
and the same shall be paid every 5th day of the following month.

5.3 The compensation as designated above shall be released in bimonthly increments by direct
payment to the EMPLOYEE’s payroll account:

■ 10th of the month payout : work performed between 16th to 31st


■ 25th of the month payout : work performed between 1st to 15th

5.4 The EMPLOYEE’s liability for Philippine income tax on the salary package will be deducted from
the compensation and remitted by the EMPLOYER to the Bureau of Internal Revenue. Pursuant to
existing law, rules and regulations, mandatory contributions to various government agencies and
institutions shall be deducted bimonthly from the compensation including, but not limited to the
following:

■ Withholding Income Taxes;


■ Social Security System;
■ Philippine Health Corporation; and
■ PAGIBIG Fund

5.5 The EMPLOYEE is entitled to receive the BENEFITS PACKAGE as specified in Annex A.

SECTION 6. VOLUNTARY TERMINATION (RESIGNATION)

6.1 EMPLOYEE may terminate his Employment Contract with or without cause, provided that he gives
EMPLOYER thirty (30) days advance written notice.

6.2 The conditions stipulated on Section 1.9 of this Employment Contract shall apply in case the
EMPLOYEE fails to observe the required notice period. Should EMPLOYEE fail to give due notice
or make proper turnover of documents and tasks, his last pay shall be automatically forfeited in
favor of the EMPLOYER, without prejudice to any other rights, remedies or actions available to
EMPLOYER under the law.

6.3 EMPLOYER has the prerogative to allow and/or approve a shorter separation period provided that
the EMPLOYEE has fully satisfied the conditions for turnover.

6.4 EMPLOYEE is required to accomplish the clearance and complete the turnover process as a pre
condition for the release of his last payment. In addition, the Certificate of Employment and other
employment documents shall be released only upon the completion and approval of the clearance.

6.5 EMPLOYEE authorizes the EMPLOYER to deduct from the last pay, all or any monetary liabilities
that the EMPLOYEE has incurred within the employment period. In the event that the liabilities
exceed the amount of the last pay, the EMPLOYEE shall be required to pay the outstanding
amount in full.

SECTION 7. INVOLUNTARY TERMINATION (JUST & AUTHORIZED CAUSES)

7.1 EMPLOYER has the right to terminate the EMPLOYEE who is under probationary status for just
and authorized causes.
7.2 Without prejudice to any other lawful rights which the EMPLOYER may have and subject to the
statutory requirements of due process, the EMPLOYEE also recognizes the EMPLOYER’s right
4|Page
to discharge, layoff or terminate the EMPLOYEE’s employment at any time, based on any of the
following grounds:

■ Performance related metrics are unsatisfactory and falls short of the company
standard;
■ Failed to carry out the duties of the Position satisfactorily due to mental or physical
incapacity;
■ Committed acts in violation of the EMPLOYER’S rules and regulations;
■ Willful disobedience of the lawful orders of the EMPLOYER or its representative in
connection with work;
■ Gross and habitual neglect of duties;
■ Committed any act, omission or misconduct which the Company in its reasonable
discretion considers reflects or will reflect adversely on the Company;
■ Makes improper use of property of the Company;
■ Convicted of an offense punishable by imprisonment;
■ Acted in breach of this Contract or the Manual;
■ Such other just and authorized cause/s as defined by the Labor Code

7.3 During the term of employment, services of EMPLOYEE may also be terminated for failure to meet
the standards set by the EMPLOYER which include dependability, efficiency, initiative, attitude
toward work, the company/its officers/and your coemployees, cooperation, judgment, punctuality,
quality and quantity of work and professionalism.

7.4. Upon receipt of written notice from the EMPLOYER, the employment of the EMPLOYEE will cease
according to the terms of the notice.

7.5 The EMPLOYEE is required to accomplish the clearance in accordance to the conditions stipulated
on Section 6.4 and Section 6.5 of this Employment Contract.

SECTION 8. NONSOLICITATION OF EMPLOYEES, CLIENTS AND CLIENT PROSPECTS

8.1 EMPLOYEE agrees that during the term of his employment and within twelve (12) months after the
termination of his employment, regardless of the reason for termination, he shall not, directly or
indirectly, on his own behalf or on behalf of or in conjunction with any person or legal entity, recruit,
solicit, or induce, or attempt to recruit, solicit, or induce, any non clerical employee of the
EMPLOYER with whom he has personal contact or supervised while performing his duties, to
terminate their employment relationship with the EMPLOYER. EMPLOYEE shall be liable for
damages in case of breach of this prohibition, without prejudice to any other rights, remedies or
actions available to EMPLOYER under the law.

8.2 EMPLOYEE likewise agrees that during the term of his employment and for twelve (12) months
from termination thereof, regardless of the reason for the employment termination, he shall not,
directly or indirectly, solicit or attempt to solicit any business from any of the EMPLOYER’S Clients
and Client Prospects with whom he had material contact during the last two (2) years of his
employment with EMPLOYSECTION

SECTION 9. NONDISCLOSURE OF CONFIDENTIAL and PROPRIETARY INFORMATION

9.1 The terms "Confidential Information" and "Proprietary Data" mean information and data not
generally known outside the company concerning Employer or its businesses and the Employer's
business and technical information, including but not limited to, patent applications, information
relating to inventions, discoveries, products, plans, calculations, concepts, design sheets, design

5|Page
data, system design, blueprints, computer programs, algorithms, software, firmware, hardware,
manuals, drawings, photographs, devices, samples, models, processes, specifications,
instructions, research, test procedures and results, equipment, identity and description of
computerized records, customer lists, supplier identity, marketing and sales plans, financial
information, business plans, costs, pricing information, and all other concepts or ideas involving or
reasonably related to the business or prospective business of Employer, or information received by
the Employer as to which there is a bona fide obligation, contractual or otherwise, on Employer's
part, not to disclose same.

9.2 Employee understands and agrees that the Confidential Information and Proprietary Data
constitute trade secrets of Employer and that at all times material to this Agreement,

9.3 Employer will take all reasonable steps to protect the confidentiality of this information.

9.4 Employee agrees not to use Confidential Information and/or Proprietary Data for the benefit of any
other person, corporation or entity, other than the Employer, during the term of employee's
employment with Employer, or any time thereafter. For purposes of this Agreement, the period of
Employee's employment shall include any time during which Employee was retained as a
consultant by Employer, if applicable.

9.5 Employee agrees that the Confidential Information and Proprietary Data shall be and remain the
exclusive property of Employer and shall not be removed from the premises of Employer under any
circumstances whatsoever without the prior written consent of Employer, and if removed, shall be
immediately returned to Employer upon any termination of Employee's employment, and no copies
thereof may be kept by Employee.

9.6 All notes, notebooks, memorandums, computer disks and other similar repositories of information
containing or relating in any way to Confidential Information and/or

9.7 Proprietary Data shall be the property of Employer. All such items made or compiled by Employee
or made available to Employee during the period of employment, including all copies thereof, shall
be held by Employee in trust and solely for the benefit of Employer and shall be delivered to the
Employer by Employee upon termination of employment with Employer, or at any other time upon
the request of the Employer.

9.8 Employee agrees that Employee shall not disclose to any other person or entity, either directly or
indirectly, the Confidential Information and/or Proprietary Data. Employee understands that the use
or disclosure of any of the Confidential Information and/or Proprietary Data may be cause for an
action at law or in equity in an appropriate court of the City of Taguig, and that without waiving the
right to collect damages from Employee, Employer shall be entitled to an injunction prohibiting the
use or disclosure of the Confidential Information and Proprietary Data. This clause survives the
termination of the employment of the EMPLOYEE and is in addition to obligations imposed or
implied by statute or law in respect of EMPLOYEES.

SECTION 10. PROPERTY/INTELLECTUAL PROPERTY

10.1 All property relating to the business of the EMPLOYER which belongs to the EMPLOYER or to the
EMPLOYER’s customers or relates to the duties of the EMPLOYEE during the Term (such as
books, documents, papers, materials, credit cards, keys, access cards, mobile telephones, motor
vehicle, computer hardware and software or other miscellaneous items), must be returned to the
EMPLOYER by the EMPLOYEE upon his resignation or earlier if so directed by the EMPLOYER.

6|Page
10.2 Any intellectual property invented or created by the EMPLOYEE as a result of employment in the
Position remains the property of the EMPLOYER unless otherwise agreed in writing between the
EMPLOYER and the EMPLOYEE.

10.3 This clause survives the termination of the employment of the EMPLOYEE and is in addition to
obligations imposed or implied by statute in respect of EMPLOYEES.

SECTION 11. NONCOMPETE PROVISION

11.1 The parties acknowledge that the duties performed by the EMPLOYEE under the employ of the
EMPLOYER make it necessary for him to acquire such knowledge and information concerning
project management, procedures and strategies with regard to systems design, product
functions, pricing, business methods, client/supplier relations and connections, and other
particulars connected with its operation and that of the EMPLOYER’s clients. Furthermore, both
parties agree that the EMPLOYEE’s insight of the general scope and details of the business in
which the EMPLOYER and its clients are engaged in and the EMPLOYEE’s experience, aptitude
and ability total to an intangible but allimportant assets of the EMPLOYEE, hence, competition of
the EMPLOYEE in that business after his/her employment is terminated would severely injure the
EMPLOYER and its clients. Accordingly, the EMPLOYEE agrees that, for a period of one (1)
year from termination of employment from the EMPLOYER, for whatever reason, the
EMPLOYEE shall not engage in any activity deemed in competition with the work performed
while employed for the EMPLOYER, whether as owner, partner, stockholder, employee,
consultant or otherwise, in the fields in which the Company and/or its clients are now engaged.

11.2 The parties agree and acknowledge that many of the rights conveyed by this Contract are of a
unique and special nature. It is therefore, agreed between the parties that in the event of the
EMPLOYEE’s breach of the stipulations contained herein, the EMPLOYER shall have the rights,
among other rights, to damages sustained thereby and an injunction to restrain the EMPLOYEE
from the prohibited acts. Furthermore, EMPLOYEE shall be liable to punitive damages in the
amount of Three Hundred Thousand Pesos (Php 300,000.00) which shall immediately become
due and demandable without further notice and EMPLOYER is authorized to deduct from any
amount that may be due such EMPLOYEE, any and all outstanding accounts due to the
EMPLOYER. The EMPLOYEE agrees that this paragraph shall survive the termination of his
employment and the EMPLOYEE shall be bound by its terms at all times subsequent to the
termination of his/her employment. Nothing herein contained shall in any way limit or exclude any
and all other rights granted by law or equity to the Company.

SECTION 12. WARRANTIES AND REPRESENTATIONS

12. 1 Credentials/documents filed by the EMPLOYEE in support of his employment and/or application
shall become the property of the EMPLOYER and are not returnable to the EMPLOYEE. The
EMPLOYEE agrees that, at any time during his employment with the EMPLOYER, the
EMPLOYER may examine, determine and verify truthfulness and veracity of all data and
information which he had supplied in his application and of any relevant matter in connection
therewith. Any misrepresentation, falsification or concealment found to have been committed by
the EMPLOYEE in respect of his previous employment, qualification, educational attainment,
personality or character, family or personal background, community or social activities, financial
dealings or accountability, health and/or any medical findings which will pose a threat to the health
or safety of other employees, or those which are medically classified as rendering the
EMPLOYEE unfit for work shall, among others, be causes for your termination of employment.

12.2 The EMPLOYEE agrees that all personal information submitted to the EMPLOYER are true and
7|Page
correct.

12.3 The EMPLOYEE further warrants that he does not hold other position in any other firm or entity
other than that which the EMPLOYER have been duly informed in writing.

12.4 Should the EMPLOYEE be found to have misrepresented, falsified and/or concealed information,
shall be considered as a breach of this contract; hence the termination of employment.

SECTION 13. MISCELLANEOUS

13.1 Itis agreed that this Contract shall be construed, enforced, and governed by the laws of the
Philippines.

13.2 This Employment Contract constitutes the sole and entire agreement between the parties and
contains all of the terms, promises, covenants, conditions and representations made or entered
into by or between EMPLOYER and EMPLOYEE and supersedes all prior discussions and
agreements whether written or oral between EMPLOYER and EMPLOYEE with respect to the
Employment Contract and all other matters contained herein.

13.3 This Contract


may not be modified or amended unless such amendment is set forth in writing and
executed by both EMPLOYER and EMPLOYEE with the formalities hereof. Therefore, no
amendments of the terms hereof shall be binding upon either party to this Agreement unless said
amendment has been confirmed in writing and duly signed by both the EMPLOYER and
EMPLOYEE.

13.4 If any provision of this Agreement is held by any competent authority to be invalid or illegal or
unenforceable, in whole or in part, the validity, legality or enforceability of the other provisions of
this Agreement and the remainder of the provision in question shall not be affected.

13.5 EMPLOYEE acknowledges that the contract, its contents and effects have been read and
understood. EMPLOYEE further acknowledges familiarity with the language of this contract, and,
where unfamiliar, EMPLOYER has translated in a language known to the EMPLOYEE.

13.6 By affixing the signatures below, EMPLOYER and EMPLOYEE signifies mutual acceptance and
agreement of the foregoing terms and attests to the veracity of all information herein incorporated
and agreed on.

IN WITNESS WHEREOF, the parties hereto have executed this EMPLOYMENT CONTRACT
under proper authority at the place and date first above written.

For and on behalf of EMPLOYER: EMPLOYEE CONFORME:

NAME :_______________________ NAME:______________________


Position:______________________ Dated signed:_________________
Dated signed: _________________ ID:____________________
ID

EMPLOYMENT CONTRACT PREPARED AND ADMINISTERED BY:


This is to confirm that this EMPLOYMENT CONTRACT has been prepared and administered with due
diligence and that the terms and conditions stipulated herein have been carefully discussed and explained
to the EMPLOYEE.
8|Page
NAME
Position
Dated signed:

9|Page
Annex A
EMPLOYMENT DETAILS

Name of Employee:
Position/Title:

1. Employee Term and Classification

Type : :
Duration : :
Start date : :
End date : :

2. Work Assignment

Immediate Supervisor :
Position of Immediate :
Supervisor
Location / Site :

Work from Home : Subject to the employer’s sole discretion and parameters set out
Arrangement by the employer, the employee shall be entitled to work from
home set up upon successful completion of training and nesting
period, provided that the employee may be required to report on
site as the need requires upon 3 days prior written notice as
determined by the employer.

The employee shall comply with the following parameters set out
by the employer for the work from home arrangement, provided
that the employer shall have the right to change the parameters
set out at any time upon 3 days prior written notice to the
employee:
• Quiet and distractionfree working space.
• Internet connection that is adequate for the job.
Internet specification – minimum latency of below
100ms.
• Dedicate full attention to job duties during working
hours. Adhere to break and attendance schedules agreed
upon with immediate manager.
• Utilization of appropriate communication especially emails
and MS Teams.
• Other KPIs, SLAs, Daily Output Requirement
• Compliance to data privacy and security requirements
as prescribed by Philippine and Singapore laws and
regulations.

10 | P a g e
The employer shall have the right to amend the work
arrangement depending on the changing business needs.

3. Job Description/KPI:

4. Work Hours

Regular shift : ROTATING WORK SCHEDULE

9:00AM TO 6:00PM
*subject to schedule adjustment within client operating hours
and business needs
Regular work hours :

Workdays :

Rest day(s) :

Eligibility, as applicable :
:

5. Compensation Package

Basic salary (PHP): Php


Nontaxable allowance (PHP):
De Minimis Php
Taxable allowance (PHP):
Communication Allowance PHP
TOTAL/MONTHLY GROSS (PHP): PHP

6. Benefits Package

■ MONETARY BENEFITS
13th month pay Released prior the 24th of December
Monetization of unused leave credits Yearend leave monetization (5 and below unused
vacation leave credits)

11 | P a g e
Reimbursable Travel Allowances
Employee

■ NONMONETARY BENEFITS
Paid leaves Employee will be entitled to ten (10) Vacation Leave
Credits and ten (10) Sick Leave Credits per year During
the probationary period, the Employee will earn vacation
and sick leave credits at an accrual rate
of 0.83 per month for each. All remaining leave credits
(prorated for the remaining months of the calendar year) will
be granted upfront upon regularization and added to the
accrued leaves from hire date until the end of the
probationary period. In the succeeding years thereafter, ten
(10) Vacation Leave Credits and ten (10) Sick Leave
Credits will be provided upfront every year

12 | P a g e

You might also like