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Assignment Agreement
Assignment Agreement
Assignment Agreement
WITNESSETH:
I. The Assignment
This Assignment Agreement between THE COMPANY and EMPLOYEE confirms their mutual
understanding of the terms and conditions applying to the assignment of the EMPLOYEE by THE
COMPANY as [job title] based in [name of Country] (the “Assignment”).
This Assignment is subject to: a) any required medical clearance, home country and host
country laws and regulations regarding work and travel, b) EMPLOYEE’s performance of this
Assignment to the sole satisfaction of THE COMPANY, and c) EMPLOYEE’s acceptance of the
terms and conditions outlined in this Agreement.
The proposed effective date of the Assignment is [date], or later as may be mutually agreedon.
For purposes of this Assignment, the Home Country is the Philippines and the Host Country is
[Country name].
The term of this Agreement shall be three (3) years, commencing from the date of arrival at the
host country.
THE COMPANY reserves the right to terminate this Assignment at any time, for any reason, with
or without cause. As a [job title], EMPLOYEE is expected to perform the duties and
responsibilities set forth in the attached job description (“Appendix A”). However, THE
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COMPANY also reserves the right to change, at any time and for any reason, the duties and
responsibilities and the location within the Host Country where EMPLOYEE’s duties are
performed. If THE COMPANY decides to extend the Assignment beyond three (3) years, THE
COMPANY will notify EMPLOYEE in writing at least 30 days before the initial anticipated end
date of the Assignment.
III. Documentation
EMPLOYEE must obtain, retain and maintain current any documents that are required for
his/her accompanying dependents’ entry into the Host Country and that are necessary for
him/her to perform work in the Host Country, including, but not limited to, entry visas or
permits, work visas or permits, security permits or passes, and any other documents required to
allow him/her to enter, remain and perform his/her duties for THE COMPANY in the Host
Country.
EMPLOYEE is responsible for maintaining good will and favorable relations with all government
representatives, as well as the citizens of the Host Country. Any objection, whether official or
informal, to EMPLOYEE’s continued presence in the Host Country may result in a) the
termination of this Assignment, b) termination of EMPLOYEE’s employment with THE COMPANY,
and c) EMPLOYEE’s immediate return to the home country.
The terms and conditions outlined in this Agreement will be in effect only for the period
EMPLOYEE is employed by THE COMPANY in this Assignment. Should EMPLOYEE return to the
Home Country at the end of the Assignment, or assigned to a new assignment at the end of
this Assignment, or should terminate EMPLOYEE’s employment with THE COMPANY, the
allowances and all privileges and accommodations provided under this Agreement will cease. All
compensation and allowances unless otherwise stipulated will be paid in Philippine Peso.
If the performance in the Assignment was satisfactory, as determined solely by THE COMPANY
and an equivalent position is not available and the Assignment will not be further extended,
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EMPLOYEE will be deemed terminated upon authorized cause and shall receive separation pay
and other benefits required under the Labor Code of the Philippines.
Termination of employment for any reason will terminate the Assignment and will require
immediate settlement of all outstanding taxes, travel advance and other advances or accounts.
For this purpose, EMPLOYEE authorizes THE COMPANY to withhold any amount due him/her at
the time of employment termination until he/she has returned all Company property to THE
COMPANY, and EMPLOYEE further authorizes THE COMPANY to withhold and set off such
amounts due to him/her against any amount that may be due to THE COMPANY from
EMPLOYEE. All payments by THE COMPANY, including base salary, overseas differentials,
allowances, and storage of goods in the Home Country will cease immediately upon
termination.
To establish total compensation, THE COMPANY has made reasonable efforts to make
EMPLOYEE’s standard of living in the Host Country be approximately comparable to what
EMPLOYEE would have enjoyed in the Home Country. That compensation is set forth below.
Allowances have been determined on the basis of marital status and number of dependent
children residing with EMPLOYEE in the Host Country. If EMPLOYEE’s status should change
during the duration of this Assignment, THE COMPANY will review these calculations and adjust
the allowances accordingly.
A. Base Salary
The base salary will be $____________ per month. This shall be the basis for merit
increases in accordance with THE COMPANY’s policy and procedures.
EMPLOYEE will continue to receive bonuses, allowances, benefits and privileges received
from THE COMPANY previous to this Assignment.
1. House Finding Trip. THE COMPANY will shoulder the costs for air
transportation or other similar transportation of EMPLOYEE, his/her spouse, and
dependent children, from Home Country to the Host Country plus reasonable meals and
lodging (not to exceed seven (7) days, exclusive of travel) for one trip to locate living
accommodations.
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If housing arrangements are not completed within the above period, THE
COMPANY will reimburse EMPLOYEE for reasonable and necessary living expenses
incurred prior to taking occupancy of living quarters (“Temporary Living Expenses”).
Such reimbursement will include meals and lodging (including necessary laundry) for a
maximum for six (6) weeks.
D. Housing Allowance
THE COMPANY will pay EMPLOYEE a housing allowance of $___________ per month,
which is intended to allow EMPLOYEE to rent a reasonable accommodation in the Host
Country location. The allowance will be received by net of tax, beginning in the month in
which EMPLOYEE rented long term accommodations, and continuing for each month in
which EMPLOYEE rents long term accommodations during the Assignment.
EMPLOYEE must provide THE COMPANY with a copy of the lease agreement to receive
payment of the housing allowance.
EMPLOYEE will be eligible for education allowance for each of the dependent minor
children who attend elementary or secondary school in the Host Country (up through
grade 12). The allowance shall be the actual cost of tuition, room, board, books, school-
provided transportation and school fees, not to exceed $_________ per school year.
The allowance shall be paid only if THE COMPANY determines in its sole discretion that
local public (free) schooling is not adequate.
F. Automobile (Optional)
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1. Host Country Automobile. THE COMPANY will provide EMPLOYEE with a fully
provisioned midsize automobile in Host Country.
While employed by THE COMPANY during the Assignment, EMPLOYEE will be required
to pay Home Country income taxes. THE COMPANY shall continue to employ payroll
deductions, such as SSS contributions and Philhealth premiums, required by the local
laws of the Home Country.
H. Mechanics of Payment
EMPLOYEE may elect to be paid in Home Country currency or in Host Country currency.
Once election has been made, the same is irrevocable for the duration of this
Assignment.
A. Medical Benefits
During the Assignment, EMPLOYEE will continue to participate in the same benefit plans
in which he/she participated prior to the Assignment, provided that such benefits are not
otherwise provided under the Host Country’s laws and regulations. Company benefits
may be terminated or changed from time to time by THE COMPANY at its sole
discretion. Medical bills covered by THE COMPANY’s plan should be forwarded to the
Home Country human resources department. In the event that medical and dental costs
are denied by THE COMPANY’s insurance carrier because they are not determined to be
not reasonable and customary, any reasonable excess amount will be reimbursed by
THE COMPANY.
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reimbursed by THE COMPANY for all reasonable travel and living expenses incurred
during the treatment period.
EMPLOYEE will continue to participate in the Home Country’s Social Security program
and continue to receive pension credits for services as a Company employee.
During the Assignment, EMPLOYEE will be entitled to take vacation in accordance with
THE COMPANY’s vacation policy, or if application of THE COMPANY’s policy is prevented
by Host Country laws or regulations, in accordance with those laws or regulations.
EMPLOYEE will also be entitled to observe paid holidays, which may consist of either
Company-observed holidays in the Home Country or official holidays observed by the
Host Country, or a mixture of both.
Home leave is designed for EMPLOYEE and his/her family to return to the Home Country
periodically to maintain both personal and business relationships. EMPLOYEE is eligible
for home leave after he/she has completed six (6) months in the Host Country. Home
leave shall not exceed thirty (30) days, inclusive of travel, and shall be granted only
once every twelve (12) months.
Home leave is in lieu of regular vacation, not in addition to the normal vacation
entitlement. During home leave, EMPLOYEE will receive vacation pay to the extent
he/she is entitled to vacation pay. Advance approval of home leave is required from
both the Home Country and Host Country supervisor.
D. Emergency Travel
THE COMPANY shall shoulder reasonable expenses for insuring, moving and shipping
EMPLOYEE’s personal effects (including pet dogs, cats and birds) and household goods
to the final destination in the Host Country by sea or surface shipment, provided that
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the items shall not exceed 12,000 pounds or a single 40foot container. THE COMPANY
will also pay for reasonable import duties and other expenses necessary for the actual
delivery of these goods including reasonable packing, insurance, freight, in transit and
temporary storage (up to 60 days), customs clearance, and unpacking charges.
THE COMPANY may, at its option, provide EMPLOYEE with suitable furniture during this
Assignment if it is determined that this would be more cost effective than shipping and
storing EMPLOYEE’s furniture and other personal effect. Should THE COMPANY be
required to purchase such furniture, it will remain the property of THE COMPANY, and
upon the conclusion of this Assignment, EMPLOYEE will be responsible for the
reasonable and economic sale and/or disposition of Company-owned furniture. Proceeds
from the sale of THE COMPANY’s furniture must be returned to THE COMPANY’s
corporate offices, within one (1) week from receipt.
THE COMPANY will make arrangements with an authorized moving company to handle
the shipment of EMPLOYEE’s personal effects and household goods, including an
appraisal of all shippable goods, itemized by weight and packing requirements. Covered
expenses include packing, loading, moving to storage, unloading, moving from storage
and insurance. Items of exceptionally high value will be stored at EMPLOYEE’s expense.
Upon completion of this Assignment to the sole satisfaction of THE COMPANY, or in the
event the position is eliminated or upon acceptance of a new assignment in the Home
Country or in another country, the shipment of the above items back to the Home
Country, or to the site of the new assignment will be conducted and handled in the
same manner.
If EMPLOYEE resigns for reasons that are, in the sole determination of THE COMPANY,
not satisfactory to THE COMPANY or if EMPLOYEE is terminated for performance or
conduct reasons, THE COMPANY will not pay travel or moving expenses back to the
Home Country.
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F. Vaccinations and Inoculations
In the event of EMPLOYEE’s demise while on the Assignment, THE COMPANY shall pay for
preparation of the remains in the Host Country and transportation thereof and the surviving
spouse and accompanying dependents to the Home Country, or, at the option of the surviving
spouse, to another location of equal or lesser cost.
In the event of the demise of the accompanying dependents, THE COMPANY shall pay for
preparation in the Host Country of the deceased dependent(s) and transportation of the
deceased, EMPLOYEE and any surviving accompanying dependents to the Home Country or to
another location of equal or lesser cost. EMPLOYEE will also be granted a paid leave of absence
up to a maximum of fifteen (15) calendar days, inclusive of travel. Any additional leave required
will be charged to vacation or as an unpaid leave of absence.
EMPLOYEE agrees that while employed by THE COMPANY in this Assignment: 1) he/she will not
engage in any employment or business activity that will in any way conflict with his/her work
for THE COMPANY and the interests of THE COMPANY; 2) he/she will perform all his/her duties
and responsibilities to the satisfaction of THE COMPANY and will comply with THE COMPANY’s
2011 Employee’s Handbook and all other applicable company policies, rules and regulations;
and 3) EMPLOYEE will comply with all applicable Home Country and Host Country laws and
regulations and will refrain from Host Country political activities.
X. Other Employment
Throughout the entire period of this overseas agreement, EMPLOYEE will not engage, directly
or indirectly, either on his/her own or through the agency of another person, firm or
corporation, in any other employment, profession, occupation, service or business whatsoever.
Violation of this provision will result in the immediate termination of this overseas assignment
and the immediate return of Employee to the Home Country, and shall result in the termination
of the employment of EMPLOYEE.
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This Agreement is entered and executed in Quezon City, Philippines, and shall be subject to and
interpreted under the laws thereof. In the event any provision of this Agreement shall be found
to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or
unenforceability shall affect only such provisions and shall not affect or render invalid or
unenforceable any other provision of this Agreement.
This Agreement and its Appendices constitute the entire agreement of the parties and cannot
be modified, altered or amended except by a written document signed by both parties. There
are no other representations (whether verbal or written) concerning this Assignment.
DONE AND EXECUTED this _____ day of July 2011 at Quezon City, Philippines.
Employee : _______________________________
Date Signed : _______________________________
Valid ID : _______________________________
Employee : _______________________________
Date Signed : _______________________________
Valid ID : _______________________________
NOTARIAL ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in the above jurisdiction, this _____ day of July 2011,
personally appeared the above persons, exhibiting to me their competent proofs of identity indicated
below their names and signatures, known to me and to me known to be the same persons who executed
the foregoing instrument and they acknowledged to me that the same is their free and voluntary act and
deed as well as that of the corporations represented herein.
This instrument consists of nine (9) pages, including the page whereon this acknowledgment is
written, and which is signed by the parties and their instrumental witnesses on each and every page
thereof.
Doc. No. ;
Page No. ;
Book No. ;
Series of ___________.
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