Probationary Employment Agreement - Template Form

PROBATIONARY EMPLOYMENT AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Probationary Employment Agreement (the "Agreement") is 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 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"

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, in consideration of the foregoing, the parties hereby agree as follows:

I. PERIOD OF PROBATIONARY EMPLOYMENT

The period of probationary employment shall begin on the first day of employment of the Probationary Employee on ________ and shall continue for a period of six (6) months (until ________), unless sooner terminated for just or authorized causes or failure to qualify as a regular employee.

II. DUTIES AND RESPONSIBILITIES

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

Probationary Employee shall perform the following duties and responsibilities and such other responsibilities that may be assigned to them in the course of their employment:

________

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

III. STANDARDS FOR REGULARIZATION

Probationary Employee's regularization of employment with Employer is conditioned on meeting the standards as follows:

1. ________: ________%

This metric will be evaluated as follows:

________

2. ________: ________%

This metric will be evaluated as follows:

________

The total weight of the standards is 100% and Probationary Employee should receive a score not less than ________% to qualify as a regular employee. If Probationary Employee receives a score lower than ________%, then 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.

Probationary Employee will be evaluated every month.

If, during the probationary period, Probationary Employee receives a score lower than ________%, Employer may, for humanitarian reasons and with the written agreement of the Probationary Employee, give the Probationary Employee another chance to qualify as a regular employee. However, said failure to qualify will still be on record and will be taken into account for future evaluations of Probationary Employee.

The foregoing standards to qualify as a regular employee has been explained to Probationary Employee and Probationary Employee was given the opportunity to ask questions or clarifications at the time of engagement.

IV REGULARIZATION

If Probationary Employee qualifies as a regular employee, Probationary Employee shall immediately be entitled to all company benefits and privileges enjoyed by all regular employees of similar rank and tenure.

V. COMPENSATION AND BENEFITS

Probationary Employee shall be paid a gross rate of ________ (₱________) per day, subject to government-mandated deductions, including Probationary Employee's contribution to SSS, Pag-Ibig, and Philhealth, every 15th and 30th day of the month.

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

VI. STATUTORY BENEFITS

Probationary Employee shall be entitled to the statutory benefits only as applicable to their position as a rank-and-file employee.

VII. WORK SCHEDULE

Probationary Employee's schedule for work will be:

________

The work schedule may be changed by the Employer or its management as it may deem necessary to meet its operational requirements.

Employee may likewise by required to work more than the aforementioned regular work schedule, such as working overtime or during rest days and/or holidays, due to the business requirements of the Employer.

The primary place of work of Probationary Employee shall be at:

________

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

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

VIII. COMPANY RULES AND REGULATIONS

Probationary Employee shall follow all Employer's rules and regulations, written or otherwise. All existing and future company rules and regulations shall be deemed incorporated to this Agreement.

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

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

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

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 the policies, rules, and regulations in a place easily and regularly accessible to the Probationary Employee fulfills this requirement.

IX. TERMINATION

The Employer may terminate the probationary employment upon failure of the Probationary Employee to satisfactorily meet the standards for qualifying as a regular employee as provided in this Agreement.

Probationary Employee may also be dismissed for any of the just or authorized causes as provided under the Labor Code of the Philippines, including but not limited to analogous causes specified in the company rules and regulations or policies.

X. 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.

XI. GOVERNING LAW AND DISPUTE RESOLUTION

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.

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. Should the parties fail to reach an amicable settlement, the dispute shall be resolved in accordance with the applicable laws and procedures of the Republic of the Philippines.

XII. CONFIDENTIALITY

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

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"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 through which, because of such secrecy, an economic or commercial advantage can be achieved.

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

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.

Confidential Information shall not mean any information which:

1. 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;

2. is already known, through legal means, by the Probationary Employee;

3. is given by the Employer to third parties, other than the Probationary Employee, without any restrictions;

4. is given to the Probationary Employee by any third parties who legally had the Confidential Information and the right to disclose it; or

5. is developed independently by the Probationary Employee and the Probationary Employee can show such independent development.

Probationary Employee hereby agree that they shall:

1. Not disclose to a third party that they are in possession of such Confidential Information;

2. Not disclose the Confidential Information via any unauthorized means to any third parties or other employees of 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 that such third parties or employees have been advised of the confidential and proprietary nature of the Confidential Information;

3. Not copy or reproduce the Confidential Information or any part thereof except as may be required by this Agreement. Any copy or reproduction of the Confidential Information shall be the property of the Employer unless otherwise agreed upon in writing;

4. Not use the Confidential Information for any purpose except those contemplated herein or expressly authorized by the Employer.

If Probationary Employee will be required to divulge any Confidential Information or other information learned during the course of employment by any governmental agency, judicial form, or court, Probationary Employee shall notify Employer of said requirement at least 10 days prior to the date of said required disclosure.

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This clause shall survive the termination of this Agreement.

XIII. SEVERABILITY

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

XIV. ENTIRETY OF AGREEMENT

This Agreement represents the entire agreement between the Employer and the Probationary Employee and supersedes all prior negotiations, representations, agreements, either oral or written.

In witness where, the Parties have hereunto affixed their signatures on the date and place first stated above.

________
Employer

By:

________
________

________
Probationary Employee

ACKNOWLEDGMENT

Republic of the Philippines
Province of ________________________ )
City or Municipality of ________________________ )S.S.

BEFORE ME, a Notary Public, for and in City or 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 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.

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

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