CONTRACT OF EMPLOYMENT

The Employer and the Employee both named below, enter into this Contract this _________________ and agree as follows:

Employer EMPLOYER NAME

Address of
Employer/Other Address:
Info.
Telephone No.

Cell phone No.

Email address:

Authorized
Representative of Name Position
Employer
Employer Representative 1 President

Employer Representative 2 H.R. Officer

Employee EMPLOYEE NAME

Address of
Employee/Other Address:
Info.
Telephone No.

Cell phone No.

Email address:

Commencement 01 January 2017 and shall continue until terminated

Termination Either party can terminate this agreement only on grounds allowed by law, subject to thirty (30) days
written notice.

Employee must render service and turn over to the employer his pending assignments during the 30 day
period.

Job Title/
Description/Duties Job Title:

Job
Description/Duties:

Place of Work

Employer Representative 1

Employer Representative 2

Employee

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 GENERAL TERMS AND CONDITIONS OF EMPLOYMENT

1. Wage
A. The employees wage shall be paid in cash on the 15 th and the last working
(The Employer day of every week/month which represents the applicable minimum wage in Php 000.00*
shall review the the Region.
employees wage
rates at least once B. The employee shall be entitled to the following allowances/payment in kind:
a year)
B.1 Transportation allowance of Php

B.2 A weekly/monthly meal allowance of (?) Php

C. The total value of the above remuneration shall be Php

*Per Wage Order No. XXX-XX

2. Hours of Work
From Until

NORMAL Normal working hours on WEEKDAYS shall be: 7:00 am 4:00 pm

Normal working hours on WEEKENDS shall be:

OVERTIME Employees may work overtime on a per demand basis and 4:00 pm onwards
shall be compensated with overtime pay

MEAL Employees are entitled to sixty (60) minutes time-off for 12:00 pm 1:00 pm
PERIODS regular meals.

3. Leaves
Allowed Paternity All married male employees are entitled to a paternity leave of seven (7) days with full
Leave pay. This is available only for the first four (4) deliveries of the legitimate spouse with
whom the male employee is cohabiting.

Solo Solo Parent employees as defined under R.A. 8972, who have rendered service of at
Parents least one (1) year whether continuous or broken, are entitled to seven (7) working days
Leave of leave with full pay, to attend to their parental duties.

4. Thirteenth Employees who have worked for at least one (1) month during a calendar year are entitled to 13th month pay
(13th) Month Pay to be given no later than December 24 of every year.
Employees who perform work within eight (8) hours on rest days and special days shall be entitled to
5. Premium Pay
Premium Pay
6. Clothing Employees shall be provided ______ sets of uniforms, which will remain the property of the employer.

7. Other
Statutory Employees Compensation Benefits PhilHealth Benefits SSS Benefits Pag-IBIG Benefits
Benefits
The employee agrees to abide by company rules and regulations governing employee conduct and the terms
8. Employee
and conditions found in this contract.
Conduct
The employee agrees to observe safety standards in his work and the preservation of the __________ shall
be of paramount consideration.

Any changes to this agreement will only be valid if made in writing and have been agreed and signed by both
9. Amendment
parties.

Employer Representative 1

Employer Representative 2

Employee

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 SIGNATURE PAGE

THUS DONE AND SIGNED AT TARLAC CITY ON ____________________________.

EMPLOYER EMPLOYER NAME

Name Position Signature

By:
Employer Representative 1 President

Employer Representative 2 H.R. Officer

EMPLOYEE EMPLOYEE NAME

Employees
Signature

ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)
___________________________ )S.S.

Before me, the undersigned Notary Public, on ___________________, in ____________ personally appeared the following persons
and exhibited the following identification cards as competent proof of their respective identities:

Name Competent Evidence of Identity

EMPLOYER TIN No. 000-000-000-000

Employer Representative 1 Drivers License No. _____

Employer Representative 2 Postal ID No. ________

They are the same persons who executed the foregoing Contract of Employment and whose names are signed on the preceding or
attached document, and acknowledged to me that they signed the document voluntarily for its stated purpose, and on behalf of the
corporation they represent.

The Contract of Employment, consisting of ______ (__) pages, including the page where this Acknowledgment is written, is signed on
each and every page by the Parties and their respective witnesses.

BY MY HAND AND SEAL, on the date and place written above.

Doc. No. ______

Page No. ______
Book No. ______
Series of 2017

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 ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)
___________________________ )S.S.

Before me, the undersigned Notary Public, on ___________________, in ____________ personally appeared the following and
exhibited the following identification cards as competent proof of his identity:

Name Competent Evidence of Identity

Employee TIN No. 000-000-000-000

He is the same person who executed the foregoing Contract of Employment and whose name is signed on the preceding or attached
document, and acknowledged to me that he signed the document voluntarily for its stated purpose.

The Contract of Employment, consisting of ______ (__) pages, including the page where this Acknowledgment is written, is signed on
each and every page by the Parties.

BY MY HAND AND SEAL, on the date and place written above.

Doc No. ______

Page No. ______
Book No. ______
Series of 2017

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 GUIDELINES
1. Termination It is understood that Termination can only be for just and/or authorized (Arts. 283 and 284, Labor
(by Employer) Code) causes as provided under the Labor Code, and upon proper compliance with due process
requirements.

Just Causes: (Art. 297, Labor Code) Violations by the employee either due to fault or negligence

Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or
1.
representative in connection with his work;

2. Gross and habitual neglect by the employee of his duties;

Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized
3.
representative;
Commission of a crime or offense by the employee against the person of his employer or any
4.
immediate member of his family or his duly authorized representative; and
5. Other Analogous cases.

Procedural due process twin-notice rule: (a) written notice to employee informing him of the ground for
requirement: his dismissal and allowing him five (5) days to respond; and (b) notice
informing the employee of his dismissal, issued after giving him reasonable
opportunity to be heard.

Authorized Causes: (Arts. 298, 299, Labor Code) For business exigencies allowing termination of
employment.

Installation of labor-saving device; Introduction of machinery or automation processes to

1.
increase productivity
Overlapping of services rendered by employees as a result of
2. Redundancy; decrease in volume of business or dropping of a product or
service previously offered
Retrenchment to prevent losses; Preemptive cutting of costs in salaries and wages to avoid
3. perceivable business losses, which must be serious, actual
and real
Closure or cessation of operations Actual shutdown of business operations. May be total or
4.
of business; and partial
Continued employment must be prejudicial to employee and
5. Disease. (twin-notice rule)
his co-workers and incurable within six (6) months

Procedural due process Notices furnished to the DoLE and the employee, thirty (30) days prior to the
requirement: effective date of termination. Except that termination due to disease requires
twin-notice rule.

1.1 Termination
(by Employee) An employee may terminate employment without just cause, but must serve a written notice on the
1. employer at least one (1) month in advance. The employer upon whom no such notice was served
(Art. 300, Labor may hold the employee liable for damages.
Code)
For the following just causes, an employee may terminate employment without serving any notice
2.
on the employer:
a. Serious insult by the employer or his representative on the honor and person of the employee;

b. Inhuman and unbearable treatment accorded the employee by the employer or his representative;

Commission of a crime or offense by the employer or his representative against the person of the
c.
employee or any of the immediate members of the employees family; and

d. Other analogous causes.

2. Wage As compensation for their services, employees shall receive as basic pay an amount equivalent to the
prevailing minimum wage rate* for workers of the same classification in the region.

*Per Wage Order No. XXX-XX

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3. Hours of Work
Rate

NORMAL Consists of eight (8) hours of work within a day or a twenty-four

WORKDAY (24) hour period.
(excluding overtime)

OVERTIME (OT) Work performed beyond eight (8) hours a day within a twenty-four
(24) hour period.

OT pay: Work > 8 hours on ordinary working days Plus 25% of

hourly rate
Computation

P000 / 8 x 125% = P00.00 x 125% x number of hours OT work

Work > 8 hours on scheduled rest days or special days Plus 30% of
hourly rate
Computation of such day
(see
P000 / 8 x 130% x 130% = P00.00 x 130% x 130% x number of Premium
hours of OT work Pay)

Work > 8 hours on a special day which falls on a scheduled rest Plus 30% of
day hourly rate
of such day
Computation (see
Premium
P000 / 8 x 150% x 130% = P00.00 x 150% x 130% x number of Pay)
hours of OT work

MEAL PERIODS sixty (60) minutes time-off for regular meals.

WEEKLY REST DAY Not less than twenty-four (24) consecutive hours after every six (6)
(DAY OFF) consecutive normal work days.

PREMIUM PAY Work within eight (8) hours on non-work days, such as rest days Plus 30% of
and special days. daily basic
rate of
Minimum Computation 100% or a
Wage total of
130%
Work done on rest day P000.00 P000 x 130% = P000
or special day Or

Work done on rest day P000.00 P000 x 150% = P000 Plus 50% of
which is also a special daily basic
day rate of
100% or a
total of
150%

SPECIAL DAYS Principle of no work, no pay applies: See

immediately
Ninoy Aquino Day (Monday nearest August 21) preceding
paragraph
All Saints Day (November 1)

Last Day of the Year (December 31)

4. Leaves
Allowed Paternity All married male employees are entitled to a paternity leave of seven (7) days with full
Leave pay. This is available only for the first four (4) deliveries of the legitimate spouse with
whom the male employee is cohabiting.

Conditions for entitlement:

1. Claimant is an employee of TMPDI at the time of the delivery of the child;
2. Claimant is cohabiting with his spouse at the time she gives birth or suffers a
miscarriage;

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 3. Claimant has applied for paternity leave with TMPDI within a reasonable time
from the expected date of delivery by his pregnant spouse, or within such
period as may be provided by company rules and regulations, or by collective
bargaining agreement; and
4. Claimants wife has given birth or suffered a miscarriage.
Solo Solo Parent employees as defined under R.A. 8972, who have rendered service of at
Parents least one (1) year whether continuous or broken, are entitled to seven (7) working days
Leave of leave with full pay, to attend to their parental duties.

Conditions for entitlement:

1. Claimant has rendered at least one (1) year of service whether continuous or
broken;
2. Claimant has notified employer within a reasonable time that the Solo Parents
Leave will be availed of; and
3. Claimant has presented a Solo Parent ID Card (obtainable from the DSWD
Office of the city/municipality of residence.
Employees who have worked for at least one (1) month during a calendar year are entitled to 13 th month pay
5. Thirteenth
to be given no later than December 24 of every year.
(13th) Month Pay
13th month pay shall not be less than one-twelfth (1/12) of the total basic salary earned by an employee in a
calendar year.

Formula:

Total basic salary earned during the year = proportionate 13th month pay
12 months

6. Clothing Employees shall be provided ______ sets of uniforms, which will remain the property of the employer.
Please see 2016 DOLE Handbook on Statutory Benefits for the following:
7. Other
Statutory Employees Compensation PhilHealth Benefits SSS Benefits (p.59) Pag-IBIG Benefits (p.62)
Benefits Benefits (p.50) (p.54)
The employee agrees to abide by company rules and regulations governing employee conduct and the terms
8. Employee
and conditions found in this contract.
Conduct
The employee agrees to observe safety standards in his work and the preservation of the cemetery grounds
and mausoleums shall be of paramount consideration.

Any changes to this agreement will only be valid if made in writing and have been agreed and signed by both
9. Amendment
parties.