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Approved - Employee Contract Head Office
Approved - Employee Contract Head Office
AND
WITNESSETH:
1. APPOINTMENT
EMPLOYEE is hereby appointed as Paralegal Supervisor and have started working in LAY
BARE WAXING PHILIPPINES INC. starting June 29, 2023.
2. COMPENSATION
The EMPLOYEE shall be paid a basic salary of PHP 27,000.00 per month, which includes
payment for worked and unworked holidays and rest days. Furthermore, as a
supervisor/manager, the EMPLOYEE is not entitled to overtime pay, whenever he/she renders
work beyond eight (8) hours on regular days, or on his/her rest days and holidays, and will be
considered as offset. The salary of the EMPLOYEE is payable every 10 th and 25th day of each
month. The salary will be paid through LAY BARE WAXING PHILIPPINES INC.’s payroll
system, from which shall be deducted, where applicable, the social security contributions,
withholding taxes and other government mandated deductions.
The entitlement of the EMPLOYEE to other benefits such as, without limitation, Vacation
Leave, Sick Leave, Health Benefit, and Insurance Benefit are subject to terms and conditions the
details of which are set forth in existing policies and practices, and which may, from time to time,
be amended exclusively by the EMPLOYER.
3. REGULARIZATION OF EMPLOYMENT
By or before the end of the probationary period, EMPLOYEE shall be evaluated and based
thereon shall be determined whether he/she has satisfactorily complied with the conditions of
his/her probationary employment as set forth. If the EMPLOYEE has met all requirements for
regularization, he/she shall become a regular EMPLOYEE and enjoy all the benefits and
privileges of the company including the vacation and sick leaves based on existing laws and
policies of the company. As addition to the monthly basic pay, the EMPLOYEE may refer to the
complete list of benefits stipulated in the EMPLOYEE’s Job Offer sheet.
EMPLOYEE shall perform the duties and responsibilities that his position or job necessarily
entails, as may be contained in his job description or as may be reasonably assigned to him by
the company from time to time. The specific duties and responsibilities of an EMPLOYEE are
provided in the corresponding Scope of Work and Job Description, which the EMPLOYEE
acknowledges to have read and understood as a condition for his regularization and entitlement
to other benefits and promotion.
EMPLOYEE is obliged to perform his duties loyally, independently, industriously to help meet the
goals and objectives of the Company and is expected to carry out these responsibilities to the
best of his knowledge and abilities in order to protect and advance the interests of the Company,
its principals, and its EMPLOYEEs. It is a condition of Employment that EMPLOYEE maintains
the necessary level of technical expertise in the performance of his job, which may necessitate
him to attend Courses and Certification Programs, locally or internationally.
5. ASSIGNMENT OF TASKS
On signing this Contract, the EMPLOYEE recognizes the right and prerogative of the
EMPLOYER to, without limitation, assign and reassign him/her to perform such other tasks within
the organization of the EMPLOYER, in other branches/units, wherever located as it may deem
necessary and beneficial.
6. HOURS OF WORK
EMPLOYEEs shall render a minimum of eight (8) hours of work per day and report for work at
least five (5) days per week or as prescribed by the Immediate Supervisor and/or EMPLOYER. It
is understood that EMPLOYEE is being employed with a level of confidence and degree of
responsibility that may further require him to render work beyond normal business hours.
7. INTELLECTUAL PROPERTY
The Company shall be entitled to sole ownership of any intellectual property rights including but
not limited to trademark, methods, systems, process and other property rights created, developed
and discovered by the EMPLOYEE while in the course of his employment with the Company,
including all registrations for the same.
9. NON-COMPETE CLAUSE
EMPLOYEE covenants and agrees that during the term of this Agreement and for a period of one
(1) year from its termination, the EMPLOYEE will refrain from:
(b) Soliciting directly or indirectly the patronage of any person with whom EMPLOYEE
has had personal contract or dealing on behalf of LAY BARE WAXING PHILIPPINES INC.or
Given that the EMPLOYEE has been employed in LAY BARE WAXING PHILIPPINES INC. for a
period of one (1) year commences on the start date indicated in their Job Offer, the clause stated above
shall be waived and the EMPLOYEE will now have the rights to be employed to industries involved but
are not limited to; beauty, wellness, and personal care industries.
Violations of either or both the Confidentiality and Non-disclosure and the Non-Competition
Clauses shall render the EMPLOYEE liable for damages in the amount of Php 500,000.00 for ALL
MANAGER/DEPARTMENT HEAD Level and Php 200,000.00 for the rank and file employees,
without prejudice to LAY BARE WAXING PHILIPPINES INC. rights to file the appropriate legal
action in the proper courts.
10. During and after EMPLOYEE’s term with the company, he shall at all times practice good
discretion, ask permission and seek prior approval from the company in the use or disclosure of
any company documents – technical or business information, or any information which one might
reasonably expect the company to regard as confidential, whether transmitted or acquired from
the Company’s customers, suppliers, or other persons – to any person, company or entity.
11. EMPLOYEE must formally declare that he has properly tendered his resignation from his
previous EMPLOYER and is free from any obligation to them, not bound to any other company,
or subject to any non-competition clause. EMPLOYEE shall neither disclose to the Company nor
induce the Company to use any confidential information or material, which belongs to his former
EMPLOYER.
12. The obligations contained in this paragraph shall cease to apply to any information or knowledge,
which may subsequently come into the public domain after the termination of employment, other
than by way of notarized disclosure.
13. Failure to comply with this confidentiality undertaking shall be construed and considered as
Gross Misconduct and shall be deemed a ground for the termination of his employment without
prejudice to such other available remedies or reliefs Lay Bare may have under the law.
15. UNDERTAKING
EMPLOYEEs shall work exclusively for the benefit of the company. EMPLOYEE warrants that
he shall comply with all his undertakings and obligations set forth in this Contract and shall
indemnify EMPLOYER of any actual losses, damages, costs and expenses, including attorney’s
fees, incurred as a result of the breach of this Agreement or his willful act, omission, fraud or
negligence.
16. TERMINATION
Aside from the just and authorized causes for the termination of employment enumerated in
Articles 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 measures:
c. In the event of the EMPLOYEE being incapacitated by ill health, accident or physical
or mental incapacity from fully performing his/her duties with the EMPLOYER for an
aggregate period of ninety (90) days in any one calendar year, such incapacity being duly
certified as such by the EMPLOYER’s appointed doctor;
The Contract of employment may be terminated by the EMPLOYER for any of the
foregoing grounds and by observing the due process requirements of the law. In the event that
the EMPLOYEE wishes to terminate this Contract of Employment for any reason, he/she must
give thirty (30) days written notice to EMPLOYER prior to the effective date of termination. Upon
termination of this employment, the EMPLOYEE shall promptly account for, return, and deliver to
the EMPLOYER at the EMPLOYER’s main office, his/her I.D. Cards, Code of Conduct, Employee
Handbook and all the EMPLOYER’s property, which may have been assigned or entrusted to
his/her care or custody.
The EMPLOYEE agree that all amounts due to him/her as entitlements, e.g., wages,
bonuses or other similar monetary benefits from the EMPLOYER at the time of the EMPLOYEE’s
separation, resignation or dismissal from employment, shall first be applied to any outstanding
obligations that the EMPLOYEE may have with the EMPLOYER without prejudice to other
resources of the EMPLOYER should the amount due to him/her be less than his/her outstanding
obligation.
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; the illegal or
invalid provision shall be deleted from this document and no longer incorporated herein but all
other provisions of this document shall continue.
EMPLOYEE’s affixing of his signature on the herein Employment contract means that:
a. EMPLOYEE has read and fully understood the terms and conditions hereof and accepts the
same;
b. The terms and conditions for the regularization of his employment have been clearly
communicated to and accepted by him/her at the time of his engagement.
IN WITNESS WHEREOF, we have set our hands this __________________ at San Juan City.
ACKNOWLEDGMENT
BEFORE ME, a Notary Public, for and in the City of___________________ this ___day of
______________ 2023 in personally appeared:
all known to me to be the same persons who executed the foregoing instrument consisting of six (6)
pages including this Acknowledgement, and who acknowledged to me that the same is their voluntary
and free act and deed and those of the parties represented.
IN WITNESS WHEREOF, I set my hand and affix my notarial seal on the date and place above written.
Notary Public
Doc. No. _____;
Page No. _____;
Book No. _____;
Series of 2023.