Employment Contract - Template, Sample Form to Fill out Pro · PH-law

EMPLOYMENT AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This EMPLOYMENT AGREEMENT (the "AGREEMENT") is made and executed at the City/Municipality of ________, Province of ________, this ________, by and between:

________, a Stock corporation duly organized and existing under and by virtue of the laws of the Republic of the Philippines, with principal office address at ________, with Securities and Exchange Commission Registration No. ________ and Taxpayer Identification No. ________, herein represented by ________, who holds the position of ________ and is duly authorized for this purpose, hereinafter referred to as the EMPLOYER;

- AND -

________, Filipino, of legal age, single, with residence and postal address at ________ and Taxpayer Identification No. ________, hereinafter referred to as the EMPLOYEE.

WITNESSETH: That —

WHEREAS, the EMPLOYER is engaged in the business of the following nature:

________

WHEREAS, the EMPLOYEE has duly complied with and qualified under the pre-employment requirements of the EMPLOYER;

WHEREAS, the EMPLOYER hereby offers and the EMPLOYEE hereby accepts Regular employment (permanent employment) in the following rank-and-file position: ________;

NOW, THEREFORE, for and in consideration of the foregoing premises and the mutual covenants hereinafter set forth, and in accordance with the Labor Code of the Philippines (Presidential Decree No. 442, as amended and renumbered) and its Implementing Rules and Regulations, the parties hereby agree as follows:

Art. I. — DUTIES AND RESPONSIBILITIES

§ 1.01. The EMPLOYEE shall faithfully and diligently perform the following duties and responsibilities:

________

§ 1.02. The EMPLOYEE shall perform such other duties as may reasonably be assigned by the EMPLOYER consistent with the EMPLOYEE's position and competence.

§ 1.03. The EMPLOYER undertakes to ensure compliance with Article 168 and related provisions of the Labor Code on occupational safety and health, and shall ensure that the EMPLOYEE is not subjected to any form of exploitation or to any activity harmful to the EMPLOYEE's health, safety, or physical, mental, or psychosocial well-being.

Art. II. — COMPENSATION

§ 2.01. The EMPLOYEE shall be paid a gross rate of ________ (₱________) per ________, which shall in no case be lower than the applicable minimum wage prescribed by the Regional Tripartite Wages and Productivity Board, subject to lawful and government-mandated deductions.

§ 2.02. Wages shall be paid in legal tender at intervals not exceeding sixteen (16) days, in accordance with Article 103 of the Labor Code, payable every 1 and 15 day of the month.

§ 2.03. The EMPLOYER may, at its sole discretion, grant bonuses, allowances, or benefits not otherwise required by law or stipulated herein. The grant of any such discretionary benefit shall not ripen into a company practice nor be deemed demandable as a matter of right under this AGREEMENT or any other agreement, whether written or unwritten.

Art. III. — THIRTEENTH MONTH PAY

§ 3.01. The EMPLOYER shall pay the mandatory Thirteenth (13th) Month Pay in accordance with Presidential Decree No. 851 and its implementing rules, not later than the twenty-fourth (24th) day of December of each calendar year.

Art. IV. — MANDATORY STATUTORY BENEFITS

§ 4.01. The EMPLOYER shall enroll the EMPLOYEE in and remit the corresponding contributions to the Social Security System (Republic Act No. 11199), the Philippine Health Insurance Corporation (Republic Act No. 11223), and the Home Development Mutual Fund or Pag-IBIG Fund (Republic Act No. 9679), as well as remit withholding taxes to the Bureau of Internal Revenue.

§ 4.02. The EMPLOYEE shall be entitled to all statutory benefits, including but not limited to service incentive leave, overtime pay, night shift differential, holiday pay, premium pay, and retirement benefits, as provided by the Labor Code and other applicable laws, as well as such benefits set forth in the following document: ________, a copy of which has been furnished to the EMPLOYEE at the signing of this AGREEMENT.

Art. V. — OTHER BENEFITS

§ 5.01. The EMPLOYEE shall also be entitled to the following benefit(s):

________

Art. VI. — HOURS OF WORK

§ 6.01. The EMPLOYEE shall observe the following work schedule, which shall not exceed eight (8) hours per day exclusive of meal periods, consistent with Article 83 of the Labor Code:

________

§ 6.02. The work schedule may be modified by the EMPLOYER in the legitimate exercise of its management prerogative to meet operational requirements, subject to applicable law.

§ 6.03. The EMPLOYEE may be required to render work beyond the regular schedule, in which event the EMPLOYEE shall be entitled to overtime pay, premium pay, and night shift differential as may be due under the Labor Code.

Art. VII. — PLACE OF WORK

§ 7.01. The primary place of work of the EMPLOYEE shall be at:

________

§ 7.02. The EMPLOYEE may be transferred or reassigned to other work locations as the legitimate needs of the EMPLOYER may require, provided such transfer does not involve a demotion in rank or diminution of salary, benefits, or other privileges, and is not effected in bad faith.

§ 7.03. The EMPLOYEE may be required to travel from time to time in connection with the performance of the EMPLOYEE's duties.

Art. VIII. — COMPANY RULES AND REGULATIONS

§ 8.01. The EMPLOYEE shall observe and comply with all rules, regulations, policies, and codes of conduct of the EMPLOYER, whether written or otherwise, including any future amendments thereto, all of which are deemed incorporated into and made an integral part of this AGREEMENT.

§ 8.02. It shall be the duty and responsibility of the EMPLOYEE to be aware of and to comply with the EMPLOYER's rules and regulations.

§ 8.03. The EMPLOYEE acknowledges receipt of a copy of the following document containing the rules and regulations of the EMPLOYER at the signing of this AGREEMENT: ________. The EMPLOYER undertakes to furnish the EMPLOYEE with an updated version thereof whenever the same is revised.

Art. IX. — DATA PRIVACY

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§ 9.02. The EMPLOYER shall implement reasonable and appropriate organizational, physical, and technical security measures to protect the EMPLOYEE's personal data, and the EMPLOYEE shall retain all rights of a data subject under the said law.

Art. X. — TERMINATION OF EMPLOYMENT

§ 10.01. The employment may be terminated only for any of the just causes under Article 297 or the authorized causes under Articles 298 and 299 of the Labor Code, including analogous causes specified in the company rules and regulations, observing the substantive and procedural due process requirements prescribed by law and jurisprudence.

§ 10.02. The EMPLOYEE may resign by serving a written notice upon the EMPLOYER at least thirty (30) days prior to the intended date of resignation, in accordance with Article 300 of the Labor Code, without prejudice to resignation for just cause.

Art. XI. — RETURN OF COMPANY PROPERTY

§ 11.01. Upon termination or separation from employment for any reason whatsoever, the EMPLOYEE shall immediately return to the EMPLOYER all properties, equipment, documents, records, and other materials belonging to the EMPLOYER that are in the EMPLOYEE's possession or control.

§ 11.02. The EMPLOYER may withhold the release of final pay and clearance until all such company property has been duly returned and accounted for, subject to the rules of the Department of Labor and Employment on the release of final pay.

Art. XII. — CONFLICT OF INTEREST AND EXCLUSIVITY

§ 12.01. During the period of employment, the EMPLOYEE shall not, directly or indirectly, engage in any business, occupation, or activity that competes with or is in conflict with the interests of the EMPLOYER, without the prior written consent of the EMPLOYER, and shall devote his full time, attention, and efforts to the performance of his duties under this AGREEMENT.

Art. XIII. — CONFIDENTIALITY

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Art. XIV. — SEVERABILITY

§ 14.01. The invalidity or unenforceability of any provision of this AGREEMENT shall not affect the validity of the remaining provisions, which shall continue in full force and effect as if the invalid provision had never been incorporated herein.

Art. XV. — GOVERNING LAW AND VENUE

§ 15.01. This AGREEMENT shall be governed by and construed in accordance with the laws of the Republic of the Philippines. Any dispute arising herefrom shall, without prejudice to the original and exclusive jurisdiction of the Labor Arbiters and the National Labor Relations Commission over labor disputes, be subject to the venue of the proper courts of ________.

Art. XVI. — ENTIRETY OF AGREEMENT

§ 16.01. This AGREEMENT constitutes the entire agreement between the EMPLOYER and the EMPLOYEE and supersedes all prior negotiations, representations, and agreements, whether oral or written. Any amendment hereto shall be valid only if made in writing and duly signed by both parties.

IN WITNESS WHEREOF, the parties have hereunto affixed their signatures on the date and at the place first above written.

________
Employer

Represented by:

________
________

________
Employee

Signed in the presence of:

________        ________

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )
PROVINCE OF ________ )
CITY OR MUNICIPALITY OF ________ ) S.S.

BEFORE ME, a Notary Public for and in the City or Municipality of ________, this ________, personally appeared the following persons:

1. ________, with the following competent proof of identification: Driver's License with number ________ which expires on ________;

2. ________, with the following competent proof of identification: Driver's License with number ________ which expires on ________.

known to me and to me known to be the same persons who executed the foregoing EMPLOYMENT AGREEMENT, consisting of ________ pages, including this page on which this Acknowledgment is written, and they acknowledged to me that the same is their free and voluntary act and deed, as well as that of the entity herein represented.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my notarial seal on the date and at the place above written.

________
Notary Public

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