EMPLOYMENT CONTRACT

KNOW ALL MEN BY THESE PRESENT

This contract is made and entered into by and between:
________________________, Filipino, of legal age, married and a
resident of Villa Agreda Subdivision, Koronadal, City, South Cotabato, to be
hereinafter known as FIRST PARTY/EMPLOYER; and
__________________________, Filipino, of legal age, single/married
and a resident of ________________________________, to be hereinafter
known as SECOND PARTY/EMPLOYEE.

WITNESSETH
That the FIRST PARTY is a lawful owner of a business with
registered name ___________________________________________
located at ____________________, Koronadal City, South Cotabato.
That the SECOND PARTY is desirous of working as
___________________________________________ in the aforementioned
business and the FIRST PARTY is willing to accept the application of the
SECOND PARTY subject to the following terms and conditions, to wit:
1. TERM OF EMPLOYMENT. This contract of employment shall be for
a period of ________ (___) __________ to begin on _______________
until ________________.
2. EMPLOYMENT STATUS. The employment of the SECOND PARTY
shall be on an on call and no work no pay basis.
The SECOND PARTY shall be entitled to a total of Four (4) days off per
month from which the 2 days thereof shall be with pay.
3. COMPENSATION. The SECOND PARTY shall be paid on a daily
basis in the amount of ________________________ (P_______) Pesos.
In addition to the aforementioned daily compensation, the SECOND
PARTY shall also receive the following incentives, to wit:
a. Mid-year bonus equivalent to of total monthly salary- to be
given every June of the year provided that the SECOND PARTY
has able to serve at least six (6) months prior to the date of
release.
b. Yearly bonus equivalent to a 1 month salary to be given
every December of the year provided the SECOND PARTY has
able to serve at least ___ months prior to the date of release.
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c. Daily incentives in accordance to the following schedule:

Daily Sales
P6,500-P8,500
P8,501-P10,500
P10,501 up

Incentive
P50
P75
P100

Provided however, that the FIRST PARTY shall not be

responsible for the payment of SSS, Pag-ibig, PhilHealth and other
benefits in favor of the SECND PARTY.
4. WORK DESCRIPTION. Your functions and responsibilities shall
include but shall not be limited to the following:
a. Serve with courtesy the customer/clients of the business.
b. Responds to customers request with courtesy.
c. Perform such additional work as may be required by the FIRST
PARTY from time to time under the terms and conditions, and
according to the directions, instructions and control, of the
FIRST PARTY.
5. STANDARDS FOR CONTINUED EMPLOYMENT. In order to
ascertain your suitability for continued employment, the FIRST PARTY
shall assess your performance at any time during your employment
based on the following reasonable standards, all of which were made
known to you at the time of your engagement:
a.
b.
c.
d.
e.
f.
g.
h.
i.

Working relationship / Cooperation with co-employees

Attendance/ punctuality
Quality of work
Quantity of work
Skills required in the specific nature of work
Initiative and interest in work
Leadership
Obedience
Aptitude

6. WORKING HOURS. You may be required to work for ______ (___) to

________ (___) hours a day.
7. DRUG-FREE WORKPLACE
7.1 The use of prohibited drugs by an employee is strictly prohibited.
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7.2 You shall be required to undergo random drug testing in accordance

with the guidelines for these purposes, which will be set from time to
time by the FIRST PARTY.
Drug testing shall consist of both the screening test and the
confirmatory test, the latter to be carried out should the
screening test prove to be positive.
Where the confirmatory test turns positive, the FIRST
PARTY shall evaluate the administrative interventions that
can be extended to the concerned employee.
A drug test is valid for one year; however, additional drug
testing may be required for just cause in any of the
following cases (i) after work-related accidents; (ii)
following treatment and rehabilitation to establish fitness
for returning to work; (iii) in the light of clinical findings.
Use of illegal drugs, or inappropriate use of prescription drugs, is
a Terminal Offense. This provision shall apply without prejudice
to any civil or criminal liability incurred by the drug-using
employee.
8. TERMINATION. Upon expiration of this Agreement, your employment
under this Agreement shall be deemed terminated automatically, without
need of any notice and without any obligations on the part of the FIRST
PARTY to pay you any additional compensation more than the period
actually worked.
The FIRST PARTY also reserves its right to terminate your
employment at any time, based on any of the following grounds:
1. The SECOND PARTY performance is unsatisfactory and falls
short of the performance standards set by the FIRST PARTY
which were made known at the start of employment.
2. The SECOND PARTY committed serious misconduct or willful
disobedience of the lawful orders of the FIRST PARTY or its
representative/s in connection with the formers work.
3. The SECOND PARTY grossly and habitually neglects his
duties.
4. The SECOND PARTY committed fraud or willful breach of the
trust reposed by the FIRST PARTY or its authorized
representative/s.
5. The conditions under which the SECOND PARTY has been
employed no longer exist.
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6. The SECOND PARTY committed a crime or offense against the

person or any of the family members of the authorized
representative of the FIRST PARTY.
7. The SECOND PARTY committed any other cause analogous to
the foregoing.
8. Such other just and authorized cause/s as defined by the Labor
Code.
9. RESIGNATION. In case of resignation, the SECOND PARTY shall
serve the FIRST PARTY a written notice thirty (30) days prior to the
effectivity date of the formers resignation, unless a shorter period is
expressly approved by the latter.
10.SEPARABILITY CLAUSE. If any provision of this agreement is held
by any competent authority to be invalid or illegal or unenforceable, in
whole or in part, the validity, legality or enforceability of the other
provisions of this agreement and the remainder of the provision in
question shall not be affected.
11.This is not contract of adhesion. The SECOND PARTY is free to (i)
accept or reject the terms of employment offered by the FIRST PARTY;
(ii) secure legal advice when appropriate.
12.EFFECTS OF SIGNATURE/ACCEPTANCE. The SECOND PARTY
acknowledged that he has read and understood this contract, its contents
and effects. The SECOND PARTY further acknowledged that he is
familiar with the language of this contract or has been translated in a
language known to him.
IN WITNESS WHEREOF, the parties have hereunto set their hands
this __ day of ______________, 2014 in ____________________________.
______________________

_______________________

FIRST PARTY/EMPLOYER

SECOND PARTY/EMPLOYEE

SIGNED IN THE PRESENCE OF:

1.

__________________ 2. __________________

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ACKNOWLEDGMENT
REPUBLIC OF PHILIPPINES )
CITY OF ________________ )S.S.
x- - - - - - - - - - -- - - - - - - - - - x
BEFORE ME, this_______ day of ______________________, 2014
in _________________________________, personally appeared:
____________________ - _____________________________________
_____________
- _____________________________________
known to me to be the same persons who executed the foregoing instrument,
and they acknowledged to me that the same is their free act and voluntary
deed.
WITNESS MY HAND AND SEAL.