Contractual Agreement Sample

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CONTRACTUAL EMPLOYMENT CONTRACT

This Contractual Employment contract is executed and entered into by and between:

________________________, represented by its General Manager_______________, with


business address at____________________________, herein referred to as the EMPLOYER;

- and -

RIZA C. VILLAMOR, Filipino, of legal age, with residence and postal address at Purok Cebu,
Philippines, herein referred to as the EMPLOYEE;

WHEREAS, the EMPLOYER is a company engaged in Retail and Food Service Business;

WHEREAS, the EMPLOYEE has qualified to be a CONTRACTUAL EMPLOYEE of


____________________for a period of Six (6) months from the date indicated in this contract;

NOW, THEREFORE, for and in consideration of the foregoing, the parties hereby agree as
follows:

1. EMPLOYMENT STATUS & DESIGNATION

Based on the results of the evaluation conducted by the Management, the


EMPLOYEE is designated as _______________.

The EMPLOYEE will gain CONTRACTUAL STATUS for the position mentioned
effective on the date indicated in this contract until the expiration of the six-month
period, as indicated.

This contract will automatically expire upon completion of the indicated period
unless there is a written renewal or separate agreement between the Parties
granting extension of the period or EMPLOYEE has signed a separate Contract of
Employment.

Detailed scope of work is reflected on Annex “A”.

2. NATURE OF RELATIONSHIP

As an _______________, the EMPLOYEE agrees that s/he will perform her/his


assigned tasks with utmost reverence and performance based on EMPLOYER’s
standards.

As an EMPLOYEE she/he shall promote and support the plans, programs and
policies of Management. Furthermore, she/he must commit to protect the interest
and prerogatives of Management.

3. COMPENSATION AND OTHER BENEFITS

The salary of the EMPLOYEE is reflected on Annex “A” of this document. Salary is
payable bi-weekly, every Sunday of the week. The salary will be paid either through
ATM, or in cash, as agreed upon by the parties.

The indicated salary in this contract already includes the EMPLOYEE’s 13th month
pay benefits and the period indicated in this contract will not be included in the
computation of 13th Month Salary benefits should the EMPLOYEE be considered
for probationary or regular employment.

Benefits are purely out of the generosity of the EMPLOYER. Once granted, these
benefits should not be construed as having permanency in nature of application and
the EMPLOYER reserves the right to unilaterally withhold, cancel, and discontinue
future release thereof.

4. TRAINING FEE & BOND


Upon signing of this Contract, you agree to undergo career or skills development
training which may be beneficial to your current designation.

Fees for in-house and outsource training shall be shouldered by the EMPLOYER
and shall be made known to the EMPLOYEE before the start of the training.

Due to the investment expended by the EMPLOYER, the EMPLOYEE is required to


finish the period of his Contractual Employment as indicated in this contract.
Otherwise, the EMPLOYEE is bound to pay the company, the amount equivalent to
the total costs of all training.

The EMPLOYEE will have the right to acquire his/her certificate of training after
ONE year from the date of training provided he/she is still working with the
company.

5. WORK HOURS

You shall work for a period of twelve (12) hours per day with one rest day.
Management prescribes the work schedules, and it reserves the right to change or
extend the schedules as it may deem necessary to meet operational requirements.

Your detailed schedule is reflected on Annex “A” of this document.

6. LEAVES

The EMPLOYEE shall be granted leaves based on merit and seniority. The granted
service incentive leaves of the EMPLOYEE, if qualified, is reflected on Annex “A” of
this document.

In case of inability to work due sickness or accident, the EMPLOYEE shall advise
her/his team leader, and in absence thereof, her/his superior immediately on the first
working day of absence.

In addition, if the incapacity exceeds one (1) day, the EMPLOYEE shall be required
to submit a medical certificate and a fit to work certificate.

Authorized leaves are subject to rules under the existing company handbook.

7. PERFORMANCE APPRAISAL

By signing this contract, the EMPLOYEE accepts the policy of the EMPLOYER to
review the performance of its employees at any time with notice to the employee,
based on performance criteria dictated by performance targets set by top
Management.

The respective results of the evaluation shall determine her/his continuity of service.

Any unsatisfactory performance or failed evaluation for two (2) consecutive


evaluations shall be ground for termination on the ground of gross inefficiency.

8. ASSIGNMENT OF TASKS

Upon signing of this contract, the EMPLOYEE recognizes the right and prerogative
of the EMPLOYER to, without limitation, assign and reassign her/him to perform
such other tasks within the organization of the EMPLOYER, in other branches/units,
remotely or office-based whenever located as it may deem necessary and beneficial
for the EMPLOYER.

9. MEDICAL EXAMINATION & DRUG TESTING

By signing this contract, the EMPLOYEE consents and agrees that she/he shall be
physically, emotionally and mentally fit to perform all tasks required of her/him by
the EMPLOYER.

Upon request by the EMPLOYER, the EMPLOYEE must submit an Annual Physical
Exam, undergo required medical exam, COVID-19 testing, drug testing or any other
tests to determine the employee’s fitness to work.
Medical and Laboratory Fees, shall be at the expense of the EMPLOYEE.

10. COMPANY RULES AND REGULATIONS

All existing laws, as well as further rules and regulations issued by the EMPLOYER
reflected in the company handbook, or those that which are issued by the
EMPLOYER or those ought to be known and understood by the EMPLOYEE, are
hereby deemed incorporated in this Contract. All reasonable standards for
evaluation are also reflected in the company handbook, or those that are issued by
the EMPLOYER.

The EMPLOYEE recognizes that by signing this Contract, she/he shall be bound by
such rules and regulations and memoranda issued or to be issued by EMPLOYER.

Upon Contract, the EMPLOYEE acknowledges her/his duty and responsibility to


observe these rules and regulations, as well as the reasonable standards for
evaluation, of the EMPLOYER regarding her/his employment and to fully comply
with these in good faith.

11. DISCIPLINARY MEASURES

Upon signing this Contract, the EMPLOYEE hereby recognizes the right of the
EMPLOYER to impose disciplinary measures or sanctions, which may include, but
are not limited to, termination of employment, suspension, withdrawal of benefits,
loss of privileges, for any and all infractions, act or omission, irrespective whether
such infraction, act or omission constitute a ground for termination.

12. FINAL PAY

The EMPLOYEE agrees that s/he must comply with the clearance procedure
required by the EMPLOYER. All amounts due to the EMPLOYEE or any
entitlements, wages, bonuses or other similar monetary benefits from the
EMPLOYER at the time of the EMPLOYEE’s termination of contract, separation,
resignation or dismissal from employment, shall first be applied to any outstanding
obligations that the EMPLOYEE may have with the EMPLOYER.

If the Final Pay is more than the outstanding obligation, the EMPLOYEE shall
receive the rest. If the Final Pay is less than her/his outstanding obligation, the
EMPLOYER shall be required to pay the employer using his/her own resources.
Further, the EMPLOYEE is bound to return properties of the EMPLOYER under the
former’s possession or custody.

13. NON-DISCLOSURE and CONFIDENTIALITY

The EMPLOYEE shall not divulge to any third party any part of this Contract,
including salaries and other remunerations that the EMPLOYEE received or are
legally required by law, statute, or any competent authority. The EMPLOYEE shall
not also disclose to any person any part of the EMPLOYER’s business, its business
model, scheme, clients, pricing, training guide, contracts, passwords, trade secrets
and methodology and the EMPLOYER’s personal information including his life and
activities. ANY violation of this clause shall be penalized with the amount of ONE
MILLION PESOS in damages.

The EMPLOYEE understands and acknowledges that all records, documents, and
other information, written or otherwise, are confidential and shall not be disclosed
during and after employment with the EMPLOYER. ANY violation of this clause shall
be penalized with the amount of ONE MILLION PESOS in damages.

14. NON-COMPETE, AND NON SOLICITATION

The EMPLOYEE shall NEVER engage in activities which are similar to that of the
EMPLOYER during his/her employment or within FIVE years from the date of
resignation, termination from service or expiration of contract. ANY violation of this
clause shall be penalized with the amount of ONE MILLION PESOS in damages.
The EMPLOYEE may not solicit from any of his/her co-workers or any of the
EMPLOYER’s clients or prospective clients for any favor, monetary or otherwise
which may affect directly or indirectly the quality and quantity clientele of
EMPLOYER. The EMPLOYEE may not solicit during and within FIVE years from the
date of his resignation, termination from service, or expiration of contract or that of
his/her co-worker or EMPLOYER’s client. ANY violation of this clause shall be
penalized with the amount of ONE MILLION PESOS in damages.

Moonlighting and labor piracy are strictly prohibited.

15. SEPARABILITY CLAUSE

If any provision of this document shall be constructed 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 provisions shall be deleted from this document and no longer
incorporated herein but all other provisions of this document shall continue.

16. ENTIRE AGREEMENT

This contract represents the entire agreement between the EMPLOYER and the
EMPLOYEE and supersedes all previous oral or written communications,
representations, or agreements between the parties, except those that are expressly
shown to have continuing effect.

Your signature on this document indicates your conformity to this Agreement and shall be
binding upon me and will inure to the benefit of ______________________________, its
successors, assigns, affiliates and personal representatives.

___________________________________ ___________________________________

AUTHORIZED REPRESENTATIVE EMPLOYEE’S NAME & SIGNATURE

___________________________________ ___________________________________
DATE SIGNED DATE SIGNED
ANNEX “A”

NAME OF EMPLOYEE: ROLANDO R. SANOY


DESIGNATION: ASSISTANT PROJECT MANAGER
STATUS: CONTRACTUAL
PERIOD OF EMPLOYMENT: 3 months (May 28,2023-August 28,2023)
MOBILE NUMBER: 09999547096
RESIDENTIAL ADDRESS: Mohon, Talisay City, Cebu
EMAIL ADDRESS: sanoyjhunjhun@gmail.com
DATE OF SIGNING: _____________________

Job Description
1. Assist in the development of project plans, timelines, and budgets
2. Coordinate with vendors, contractors, and exhibitors to ensure all requirements are met
3. Support the marketing and promotion of the event to attract attendees and participants
4. Manage event logistics, including booth setup, security, and equipment rental
5. Assist in the management of event staff, including scheduling and training
6. Conduct post-event evaluations and prepare reports for the Project Manager
7. Collaborate with cross-functional teams to ensure the success of the project
8. All other tasks as assigned by Management

Schedule of Work and Rest Days

Work Days: Mondays - Saturdays


Time of Work: 9:30AM - 7:30PM; 1 hour lunch break (subject to change from morning
shift to night shift as necessitated by management)
Rest Days: Sundays

Compensation, Benefits & Deductions

1. Basic Salary: Php 435.00/day


2. Approved Leaves: 5 paid sick leaves upon regularization. Maximum number of paid
sick leaves within the totality of tenure is 5. FIVE of unused paid leaves are convertible
to cash and shall be given before January 5 of the year subsequent to the year of
eligibility.
3. Vacation Leave: 5 paid vacation leaves upon regularization. Leaves are not convertible
to cash if left unused within the calendar year. Additional paid leave after a year from the
date of regularization. The maximum number of paid vacation leaves within the totality of
tenure is 5.
4. Holiday & Special Day Pay: rate as mandated by law, if applicable
5. Authorized Overtime Pay: rate as mandated by law, if applicable
6. Night Shift Differential Pay: rate as mandated by law, if applicable
7. SSS, Philhealth & HDMF Contributions: rate as mandated by law, if applicable
8. Taxes: rate as mandated by law

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