Probationary Employment Agreement - Template Form Pro · PH-law

PROBATIONARY EMPLOYMENT AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Probationary Employment Agreement (the "Agreement") is executed and entered into this ________ day of ________, 20________, at the City/Municipality of ________, Province of ________, by and between:

________, a corporation duly organized and existing under and by virtue of the laws of the Republic of the Philippines, with principal address at ________, herein represented in this act by ________, who holds the following position at ________: ________, hereinafter referred to as the "Employer";

- and -

________, Filipino, of legal age, and with residential address at ________, hereinafter referred to as the "Probationary Employee".

(The Employer and the Probationary Employee are hereinafter referred to collectively as the "Parties" and individually as a "Party".)

WITNESSETH: That -

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

________

WHEREAS, the Probationary Employee has qualified in the pre-employment requirements of the Employer;

WHEREAS, the Employer hereby offers, and the Probationary Employee hereby accepts, probationary employment in the following position: ________;

NOW, THEREFORE, for and in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the Parties hereby agree as follows:

Art. I. PERIOD OF PROBATIONARY EMPLOYMENT

§ 1. In accordance with Article 296 (formerly Article 281) of the Labor Code of the Philippines, the period of probationary employment shall commence on the first day of employment of the Probationary Employee on ________ and shall continue for a period not exceeding six (6) months (until ________), unless sooner terminated for just or authorized causes, or for failure to qualify as a regular employee in accordance with the reasonable standards made known to the Probationary Employee at the time of engagement.

§ 2. The Parties expressly acknowledge that the standards for regularization set forth herein were made known to the Probationary Employee at the time of engagement, as required by law and prevailing jurisprudence.

Art. II. DUTIES AND RESPONSIBILITIES

§ 1. The Probationary Employee is engaged in the rank-and-file position of ________.

§ 2. The Probationary Employee shall perform the following duties and responsibilities, and such other responsibilities that may be reasonably assigned to them in the course of their employment:

________

§ 3. The duties and responsibilities of the Probationary Employee have been explained to them, and the Probationary Employee was given the opportunity to ask questions and discuss the same at the time of engagement.

Art. III. STANDARDS FOR REGULARIZATION

§ 1. The regularization of the Probationary Employee's employment with the Employer is conditioned upon meeting the following reasonable standards made known at the time of engagement:

(a) ________: ________%

This metric will be evaluated as follows:

________

(b) ________: ________%

This metric will be evaluated as follows:

________

§ 2. The total weight of the standards is one hundred percent (100%), and the Probationary Employee must receive a score of not less than ________% to qualify as a regular employee. Should the Probationary Employee receive a score lower than ________%, the Probationary Employee shall be deemed to have failed to meet the standards to qualify as a regular employee and may be dismissed on the basis of said failure, subject to compliance with the notice requirements under law and jurisprudence.

§ 3. The Probationary Employee shall be evaluated every month.

§ 4. If, during the probationary period, the Probationary Employee receives a score lower than ________%, the Employer may, for humanitarian reasons and with the written agreement of the Probationary Employee, grant the Probationary Employee another opportunity to qualify as a regular employee. However, said failure to qualify shall remain on record and shall be taken into account in future evaluations.

§ 5. The foregoing standards have been explained to the Probationary Employee, who was given the opportunity to ask questions or seek clarification at the time of engagement.

Art. IV. REGULARIZATION

§ 1. Should the Probationary Employee qualify as a regular employee, or should the Probationary Employee be allowed to work beyond the probationary period, the Probationary Employee shall be deemed a regular employee and shall be entitled to all company benefits and privileges enjoyed by regular employees of similar rank and tenure, in accordance with law.

Art. V. COMPENSATION AND BENEFITS

§ 1. The Probationary Employee shall be paid a gross rate of ________ (\u20b1________) per day, which shall in no case be lower than the applicable minimum wage prescribed by the Regional Tripartite Wages and Productivity Board, subject to government-mandated deductions, including the Probationary Employee's contributions to the Social Security System (SSS), Pag-IBIG Fund, and PhilHealth, payable every 15th and 30th day of the month.

§ 2. The Employer may, at its sole discretion, grant bonuses, allowances, or benefits not defined in this Agreement. Such exercise of discretion shall not be construed as an established company practice or precedent and shall not be demandable under this Agreement or any written or unwritten agreement.

Art. VI. STATUTORY BENEFITS

§ 1. The Probationary Employee shall be entitled to all statutory benefits applicable to their position as a rank-and-file employee, including but not limited to coverage under the Social Security Act, the National Health Insurance Act, the Home Development Mutual Fund Law, service incentive leave, and the 13th month pay under Presidential Decree No. 851.

Art. VII. WORK SCHEDULE

§ 1. The work schedule of the Probationary Employee shall be:

________

§ 2. The work schedule may be changed by the Employer or its management as it may deem necessary to meet its operational requirements, in accordance with applicable labor laws.

§ 3. The Probationary Employee may likewise be required to render work beyond the regular work schedule, such as overtime work or work during rest days and/or holidays, in which case the Probationary Employee shall be entitled to the corresponding premium pay as provided under the Labor Code of the Philippines.

§ 4. The primary place of work of the Probationary Employee shall be at:

________

§ 5. The Probationary Employee agrees to be transferred or assigned to other locations as may reasonably be required by the needs of the Employer.

§ 6. The Probationary Employee agrees to travel from time to time as may reasonably be required by the needs of the Employer.

Art. VIII. COMPANY RULES AND REGULATIONS

§ 1. The Probationary Employee shall comply with all of the Employer's rules and regulations, whether written or otherwise. All existing and future company rules and regulations shall be deemed incorporated into this Agreement.

§ 2. It shall be the duty and responsibility of the Probationary Employee to be aware of and comply with the Employer's rules and regulations.

§ 3. The Probationary Employee has been provided with a copy of the following document: ________ at the execution of this Agreement, which outlines the policies, rules, and regulations of the Employer. The Probationary Employee undertakes to read, understand, and comply with the same.

§ 4. The Probationary Employee shall likewise observe all applicable laws, rules, and regulations, as well as the standards of fairness, good customs, transparency, and honesty in the course of employment.

§ 5. The Employer undertakes to provide an updated version of said document and any new policies, rules, and regulations that may be implemented in the future. Posting of any updates in a place easily and regularly accessible to the Probationary Employee shall fulfill this requirement.

Art. IX. DATA PRIVACY

§ 1. The Probationary Employee acknowledges and consents to the collection, recording, organization, storage, updating, use, and processing of their personal and sensitive personal information by the Employer for purposes related to employment, payroll, statutory contributions, performance evaluation, and compliance with legal and regulatory obligations, in accordance with Republic Act No. 10173, otherwise known as the Data Privacy Act of 2012, its Implementing Rules and Regulations, and the issuances of the National Privacy Commission.

§ 2. The Employer undertakes to implement reasonable and appropriate organizational, physical, and technical security measures to protect the personal information of the Probationary Employee, and to process the same only for legitimate and declared purposes.

Art. X. TERMINATION

§ 1. The Employer may terminate the probationary employment upon the failure of the Probationary Employee to satisfactorily meet the standards for qualifying as a regular employee as provided in this Agreement, by serving a written notice of termination indicating the reasonable standards that the Probationary Employee failed to meet, within a reasonable time prior to the expiration of the probationary period.

§ 2. The Probationary Employee may also be dismissed for any of the just causes under Article 297 (formerly Article 282) or authorized causes under Articles 298 and 299 (formerly Articles 283 and 284) of the Labor Code of the Philippines, including analogous causes specified in the company rules and regulations or policies, subject to the observance of procedural and substantive due process required by law.

Art. XI. RETURN OF COMPANY PROPERTY

Upon the termination of employment for any cause or reason, or upon the written request of the Employer at any time, the Probationary Employee shall immediately return to the Employer all properties, equipment, documents, records, files, and other materials belonging to the Employer that are in the possession or under the control of the Probationary Employee, including all copies and reproductions thereof, whether in physical or electronic form. The Probationary Employee shall not retain any such property without the prior written consent of the Employer.

Art. XII. GOVERNING LAW AND DISPUTE RESOLUTION

§ 1. This Agreement shall be governed by, construed, and interpreted in accordance with the laws of the Republic of the Philippines, including the Labor Code of the Philippines and its Implementing Rules and Regulations.

§ 2. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, shall as far as practicable be settled amicably between the Parties, including through the grievance machinery of the Employer and/or the Single Entry Approach (SEnA) under Republic Act No. 10396. Should the Parties fail to reach an amicable settlement, the dispute shall be referred to the appropriate office of the National Labor Relations Commission or the Department of Labor and Employment having jurisdiction over the place of work at ________, in accordance with the applicable laws and procedures of the Republic of the Philippines.

Art. XIII. CONFIDENTIALITY

§ 1. The Probationary Employee hereby acknowledges and agrees that the Employer possesses certain non-public Confidential Information (as hereinafter defined) regarding its business operations and development. The Probationary Employee acknowledges and agrees that the Confidential Information is secret and valuable to the Employer's business and that, due to the nature of the Probationary Employee's employment, the Probationary Employee will have access to the Employer's Confidential Information. The Employer desires to maintain the secret and private nature of any Confidential Information given.

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§ 3. "Confidential Information" also refers to any formula, process, method, pattern, design, or other information that is not known or reasonably ascertainable by the public, consumers, or competitors and through which, because of such secrecy, an economic or commercial advantage can be achieved.

§ 4. For purposes of this Article, "Confidential Information" shall also refer to physical keys or other forms of access to the Employer's place of business and/or other locations where Confidential Information is stored.

§ 5. Confidential Information may or may not be disclosed as such through labeling, but is to be considered any information which ought to be treated as confidential under the circumstances through which it was disclosed.

§ 6. Confidential Information shall not include any information which:

(a) is known or available to the public at the time of disclosure, or became known or available after disclosure through no fault of the Probationary Employee;

(b) is already known, through legal means, by the Probationary Employee;

(c) is given by the Employer to third parties, other than the Probationary Employee, without any restrictions;

(d) is given to the Probationary Employee by any third party who legally had the Confidential Information and the right to disclose it; or

(e) is developed independently by the Probationary Employee, and the Probationary Employee can show such independent development.

§ 7. The Probationary Employee hereby agrees that they shall:

(a) not disclose to a third party that they are in possession of such Confidential Information;

(b) not disclose the Confidential Information via any unauthorized means to any third parties or other employees of the Employer unless, as determined by the Employer, such third parties or employees are required to have knowledge of the Confidential Information for the purpose of this Agreement and have been advised of the confidential and proprietary nature of the Confidential Information;

(c) not copy or reproduce the Confidential Information or any part thereof except as may be required by this Agreement, any such copy or reproduction being the property of the Employer unless otherwise agreed upon in writing; and

(d) not use the Confidential Information for any purpose except those contemplated herein or expressly authorized by the Employer.

§ 8. Should the Probationary Employee be required to divulge any Confidential Information or other information learned during the course of employment by any governmental agency, judicial forum, or court, the Probationary Employee shall notify the Employer of said requirement at least ten (10) days prior to the date of the required disclosure, or as soon as practicable.

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§ 10. This Article shall survive the termination of this Agreement.

Art. XIV. SEVERABILITY

The invalidity of any portion of this Agreement shall not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the Employer and the Probationary Employee agree that the remaining provisions shall remain in full force and effect as if they had been executed subsequent to the expungement of the invalid provision.

Art. XV. ENTIRETY OF AGREEMENT

This Agreement represents the entire agreement between the Employer and the Probationary Employee and supersedes all prior negotiations, representations, and agreements, whether oral or written. No amendment or modification of this Agreement shall be valid unless 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 stated above.

________
Employer

By:

________
________

________
Probationary Employee

SIGNED IN THE PRESENCE OF:

________          ________

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )
Province of ________ )
City/Municipality of ________ ) S.S.

BEFORE ME, a Notary Public for and in the City/Municipality of ________, ________, this ________ day of ________, 20________, personally appeared the following persons:

1. ________, in their capacity as the duly-authorized representative of ________, 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 ________.

All known to me and to me known to be the same persons who executed the foregoing Probationary Employment Agreement, and they acknowledged to me that the same is their free and voluntary act and deed, as well as the free and voluntary act and deed of the corporation herein represented.

This instrument, consisting of ________ pages, including the page on which this Acknowledgment is written, has been signed on each and every page thereof by the Parties and their instrumental witnesses, and refers to a Probationary Employment Agreement.

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 ________.