Template-contractual-employee-philippines.docx

CONTRACT OF EMPLOYMENT FOR CONTRACTUAL EMPLOYEES

This AGREEMENT, entered into this ____ day of and between:

_____ 20__, by

Employer: ___________________________________________________ Philippine-based company with business address _______________________________________

a at

and

Employee: _________________________________ Civil Status:_____________________ Valid ID Number:_________________ Date & Place Issued:______________ Address:________________________ Cellphone Number:________________

WITNESSETH THAT:

WHEREAS, the Employee recognizes that the company is involved in the civil works and construction business on a contract basis or with a fixed period. Cognizant of this, the Employee wishes to be employed by the Employer; WHEREAS, Employee voluntarily entered into this Employment Agreement while knowing fully well that it has a fixed period and knowing fully well that the Employer’s various projects are located all over the Visayas and as such, he may be assigned in any of the projects as may be contracted in the aforementioned island; WHEREAS, the Employee acknowledges and agrees that incorporated in the salary agreed herein as well are the share of the Employer in their government mandated benefits due to a contractual

employee and that they commit to be their sole responsibility to pay the Government including the income tax. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth below, it is hereby covenanted and agreed by the Company and the Employee as follows:

1. Site of ______________________________________

Employment:

EMPLOYEE may be temporarily or permanently re-assigned or transferred to another location, project site or office, as may be necessary or convenient for the business operations of EMPLOYER. Any re-assignment or transfer may be effected after a verbal or written notice of the same is given to the EMPLOYEE, prior to such re-assignment or transfer. 2. Employee’s Specific _______________________

Work/

Position:

A more specific description of EMPLOYEE’s duties and responsibilities will be outlined by the duly authorized representative of the Company, which shall form an integral part of this Contract. EMPLOYER has the right to exercise discretion to appoint EMPLOYEE for another position or to assign EMPLOYEE additional tasks and responsibilities at any time during the duration of this Contract. 3.

Employee’s Status: Contractual

The Employer hereby employs the Employee on a contractual basis or with a fixed term, and the Employee hereby voluntarily agrees to serve in such capacity, for the period beginning on _______________________, and ending on ______________________, the date on which the Employee's employment is terminated. It is understood that if this contract is not renewed, this contract is automatically terminated. 4. Compensation: _______________

Rate

of

_________________

per

The Employee will be paid every _____ of the week on the rate agreed upon. The basis of the salary given will be the payroll or daily time record. The form of payment will be in cash. 5. Non-Competition: During the period of his employment under this Agreement, EMPLOYEE shall not, directly or indirectly, own, manage, operate, join, control, be employed by or participate in the ownership, management, operation or control of, or be connected in any manner with any business in competition with, directly or indirectly, or similar to the business of EMPLOYER.

6. Confidentiality: During and after the Employment Period, the Employee will not divulge or appropriate to his own use or to the use of others, in competition with the Company, any secret or confidential information or knowledge pertaining to the business of the Company, or of any of its subsidiaries, obtained by him in any way while he was employed by the Company or by any of its subsidiaries. Breach of EMPLOYEE of these obligations shall entitle EMPLOYER to damages to compensate EMPLOYER for the injury resulting from such breach. Such sum is compensation for injuries and damages suffered by EMPLOYER, and not a penalty. 7. Company Rules and Policies: The employee shall observe EMPLOYER’S Company Rules and Policies. All existing as well as future rules and regulations issued by EMPLOYER are hereby deemed incorporated in this Contract. 8.

AMENDMENT

This Agreement may be amended only by a writing signed by Employee and by a duly authorized representative of the Employer. 9.

SEVERABILITY

If any term, provision, covenant or condition of this Agreement, or the application thereof to any person, place or circumstance, shall be held to be invalid, unenforceable or void, the remainder of this Agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances shall remain in full force and effect. 10.

SOLICITATION

The Employee further agrees that during the term of this Agreement and following the termination of this Agreement, whether the termination shall be voluntary or involuntary, or with or without cause, or whether the termination is solely due to the expiration of the term of this Agreement, the Employee will not, in any manner or at any time, solicit or encourage any person, firm, Company or other business entity who are clients, business associates or referral sources of the Company to cease doing business with the Company or to do business with the Employee. 11.

INDEMNIFICATION

The Employee hereby agrees to indemnify and hold the Employer and its officers, directors, shareholders, and executives harmless from and against any loss, claim, damage or expense, and/or all cost of prosecution or defense of their rights hereunder, whether in judicial proceedings, including appellate proceedings, or whether out of court, including without limiting the generality of the foregoing attorney’s fees and all costs and

expenses of litigation, arising from or growing out of the Employee’s breach or threatened breach of any covenant contained herein. 12.

SURVIVAL OF COVENANTS

All restrictive covenants contained in this Agreement shall survive the termination of this Agreement. 13.

INVALID PROVISION; SEVERABILITY

The invalidity or unenforceability of a particular provision of this Agreement shall not affect the other provisions hereof, and the Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 14.

MODIFICATION

No change or modification of this Agreement shall be valid unless the same be in writing and signed by the parties hereto. 15.

GOVERNING LAW

This is agreement is governed by the laws of the Republic of the Philippines. 16.

ENTIRE AGREEMENT

This Agreement contains the entire agreement and supersedes all prior agreements and understandings, oral or written, with respect to the subject matter hereof. This Agreement may be changed only by an agreement in writing signed by the party against whom any waiver, change, amendment, modification, or discharge is sought.