Professional Documents
Culture Documents
______________
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Dear _____________
We are pleased to confirm your employment with __________________ (the “Company”) starting July
20, 2016 (the “the Commencement Date”). We are delighted at the prospect of your joining us. Providing
these services may from time to time entail traveling and working in different locations within and outside
your hiring company.
We have set your personal employment terms and conditions in Appendix A. This letter agreement and
its appendices (collectively, the “Agreement”) contain the entire terms and conditions of your employment
and supersede any prior verbal or written agreement, understanding and representations.
This Agreement may only be modified in a document signed by the parties referring specifically to this
Agreement.
You are required to fully and faithfully abide by and comply with the Company’s Code of Conduct,
relevant staff dealing rules, other policies and regulations currently or hereinafter promulgated and
implemented by the Employer from time to time, laws, government regulations, and all orders and
instructions of the duly designated managers and other authorized officers and agents of the Company
(collectively, the “Rules and Regulations”) and the Agreement.
This Agreement should be treated with strictest confidence. Please indicate your acceptance by signing
and returning this Agreement to the Company not later than August 5, 2016. You may retain the enclosed
duplicate for your files.
We welcome you to the Company and wish you every success with the Company.
Sincerely,
______________
______________
By signing this Agreement, I represent and affirm that I have fully read and understood, and agree as a
continuing condition of employment to fully comply with, the Agreement and the Rules and Regulations. I
also affirm that I have willingly, voluntarily and with full knowledge of my rights under the law or with full
opportunity to consult a lawyer in connection therewith, executed this Agreement.
Unless I notify the Company or its representatives in writing of my change of address, all notices to me
shall be deemed sufficient if sent to my address stated above.
By your signature, you attest to the truthfulness and authenticity of all your submitted papers and
references and you expressly authorize the Company to conduct the necessary background verifications.
Date: ____________________________
Appendix A - PROBATIONARY EMPLOYMENT CONTRACT
1. START DATE
a. You are expected to work for the Company for a maximum of forty-eight (48) hour per
week. You shall be entitled to rest days required under the Labor Code.
b. Due to tight schedule and special nature of your position, you are not allowed to be
absent during the probationary period. In cases of absences, as may be determined by
the Company, you may be held ineligible to continue the probationary period.
c. Upon signing this Agreement, you are authorizing the Company to deduct the sum
determined by the Company from any and all sum money and/or salary accruing to you
(final pay) in case you terminate your employment or dismissed for just cause under the
Labor Code.
(a) You will undergo a regular Performance Review which shall be used as reference in
determining your efficiency in carrying out your deliverables.
(b) You are hereby expected to maintain and/or exceed your present level of performance
and ensure that you are able to continuously meet the standards of performance set by
the Company. Otherwise, if the situation demands, corrective measures may be applied.
a. You hereby represent that you are not subject to any other employment agreement or
any other restriction that would prevent you from performing your duties as a General
Manager at the Company as of the aforementioned start date;
b. You further warrant that, to wit:
You understand that any misrepresentation in this regard may give rise to your dismissal for
cause from the COMPANY.
k. You hereby acknowledge that while an employee of the Company, it is your duty and
responsibility to be fully aware and comply with all the Company Rules and Regulations,
procedures and Code of Conduct that now existing and/or may thereafter be promulgated
by the Company;
l. In addition, you agree to refrain, during your employment with the Company, from
engaging in any activity which is prejudicial to the interests of the Company or which will
interfere with the performance of you job, whether during or outside Company hours,
without the prior consent of the Company. You agree to give immediate notice to the
Company of any possible conflict of interest, which you may have.
m. You agree to perform the duties and responsibilities assigned to you with utmost zeal and
devotion, under pain of being cited for gross inefficiency, which is failing to attain work
goals and quotas with the allotted reasonable period, producing unsatisfactory results,
resulting in a performance rating of average or its equivalent such as rating of 3 for the
department assigned to you under the Company’s performance appraisal system. You
hereby recognize that gross inefficiency is a cause analogous to the just causes for
termination from employment under the Labor Code of the Philippines.
n. You agree that all Company records, documents, and properties in your custody or
control shall be immediately surrendered to the Company, if requested, during your
employment, and at the termination thereof, whether or not requested. You agree that
should you decide to leave employment with the Company, you will provide the Company
with at least 30 days notice prior to your resignation.
o. You agree as an employee of the Company, whether on probationary or regular status,
you may be asked to transfer from one location to another or from any type of work to
another. Any change in your assignment will be communicated to you.
p. You agree, during the entire period of your employment, to be reassigned to any team or
project, workplace, or branch of the Company for such periods as may be determined by
the Company and determined by the Company as reasonable and necessary to its
operations.
6. AUTHORITY TO DEDUCT
You hereby expressly authorize the Company to deduct from any amount payable to you
at the time of the termination of this contract or expiration of your employment any claim
which the Company may have against you, under and by virtue of, or arising from this
employment contract. If the amount due to you is not sufficient to satisfy the claims of the
Company, the Company may not be stopped from taking the proper and necessary
actions to ensure full payment of any and all such claims.
7. EMPLOYMENT EXIT
a. Should you decide to resign, sixty (60) days or equivalent to a two (2) full months’ notice
in writing will be required (Notice Requirement), without prejudice to the Company’s
right of summary dismissal. Should you violate this notice requirement on resignation,
you agree to pay the company liquidated damages in the amount of Php 50,000.00.
b. The Company may terminate your employment at any time if you:
i. Commit any serious breach of any of the provisions of this contract;
ii. Are found guilty of any grave misconduct or wilful neglect in the discharge of your
employment duties;
iii. Are charged or convicted of any criminal offense, other than an offense which in
the sole opinion of the Company, does not affect your position as an employee;
iv. Are found to be guilty of committing any serious violation or offense against the
business; and
v. Commit any other offense or act which are analogous to the abovementioned
grounds or acts which are punishable under special or applicable law.
A. Definition
1. “Company’s Business” means (a) any business that the Company or any of its
subsidiaries currently conducts, and (b) any business that the Company or any of its
subsidiaries undertakes during your employment, in each case to the extent the
Company and its subsidiaries have not ceased undertaking such business.
2. “Competitive Business” means any service, activity, sale or other transaction that is
competitive to the Company’s Business, including, without limitation, any business
that is engaged in a business substantially similar to the Company’s business.
3. “Restricted Period” means during the period of your employment and for twenty-four
(24) months/s thereafter, regardless of the reason of your separation from the
Company (except that portion of the Restricted Period following the end of your
employment will be extended by the length of any period during which you are in
violation this section.)
B. Non-competition
During the Restricted Period, you shall not for any reason, and whether on your own
behalf, as an owner, employee, consultant, agent, partner, shareholder, co-venturer or
otherwise, or on behalf of any other person, corporation, partnership, venture or any
other entity or form of business, or otherwise, directly or indirectly:
C. Non-solicitation
During the Restricted Period, you shall not for any reason, whether on your own behalf,
as an owner, employee, consultant, agent, partner, shareholder, co-venturer or
otherwise, or on behalf of any other person, corporation, partnership, venture or any
other entity or form of business, or otherwise, directly or indirectly:
1. interfere with, solicit or hire (or attempt to interfere with, solicit or hire) any officers,
employees, representatives or agents of the Company or any of its subsidiaries;
2. induce or encourage (or attempt to induce or encourage) any officer, employee,
representative or agent of the Company or any of its subsidiaries (a) to leave the
employ or service of the Company or any of its subsidiaries, or (b) to violate the
terms of their contract with the Company or nay of its subsidiaries; or
3. provide the Company’s Business to any client of the Company which you had direct
contact, direct supervisory responsibility or access to confidential information, nor will
you solicit, induce, or attempt to induce any such client to: (a) stop doing business
with or through the Company, or (b) do business with any other person, firm,
partnership, corporation, or other entity that provides products or services materially
similar to those provided by the Company.
D. Confidentiality
You acknowledge and recognize that the information, including, but not limited to the
Company’s trade secrets, technical data, marketing techniques, human resources,
training materials, customer lists, location selection, pricing, client contracts, methods of
doing business, and the similar information of its clients and its client’s customers,
including, without limitation to credit card, calling card, address, telephone number or
other personal information (“Confidential Information”) is special, valuable and unique.
AS a material inducement to the Company to enter into this contract and in consideration
of the compensation the Company pays you under this Agreement, you agree as follows:
1. the Confidential Information are the sole and exclusive property of the Company (or a
third party providing the information to the Company). The Company (or third party, if
applicable) owns all worldwide rights to the information under patent, copyright, trade
secret, confidential information or other property right.
2. the Company’s disclosure of Confidential information to you does not confer upon
you any license, interests or rights of any kind in or to the Confidential Information.
You may use the Confidential Information solely to benefit the Company and only
during your employment.
3. except to perform services for the Company under this contract or with the
Company’s prior written consent, you (a) will not directly or indirectly or in any
manner, divulge, disclose or communicate any Confidential Information to any third
party, (b) will hold the Confidential Information in confidence, and (c) will not, directly
or indirectly in any form, by any means or for any purpose, reproduce, distribute,
transmit, reverse, engineer, de-compile, disassemble or transfer, or use, the
Confidential Information, or any portion of either, to benefit yourself or nay third party.
This obligation will remain in effect during and after your employment with the
Company.
4. You will return the Confidential Information that are in your possession or control to
the Company, together with all copies, documents, records, notebooks, programs
and similar items, collections and materials (in writing, electronic or otherwise) that
relate to the Confidential Information, immediately (a) upon the Company’s request,
and/or (b) upon termination of your employment even without the Company’s
request.
5. You will indemnify and hold harmless the Company from and against any claim, loss,
damage and expense (including attorney’s fees, court costs, investigative costs and
amounts paid in settlement) the Company incurs or suffers that arises out of your
unauthorized disclosure or use of Confidential Information.
In case you violate any of the undertakings in section 8, you agree that the Company will
suffer damage that may be difficult to exactly quantify. Thus, in addition to any actual,
exemplary or nominal damages and attorney’s fees that the Company will be entitled to, you
agree to pay the Company liquidated damages in the amount of One Hundred Thousand
Pesos (Php 100,000.000), without prejudice to whatever civil, criminal or administrative action
that the Company might take against you. You agree that the amount of liquidated damages
is enforceable and payable without need of court action, and shall earn legal interest from
date of demand until fully paid.
9. INTELLECTUAL PROPERTY
All designs, slogans, policies, techniques, programs or devices relating to the business of the
Company or its parent, subsidiary, or associated corporations which are discovered,
invented, improved or developed by you during the course of your employment (whether
during regular business hours or otherwise) will be the property of the Company whether
conceived or developed by you solely or jointly with others, and you must execute any
document and do all thing as may be required by the Company to acquire or assign the use
and ownership of such property to the Company, provided the Company will bear all costs
and expenses related thereto.
Your signature in the space provided will acknowledge your acceptance of these terms of employment.
We are excited to have you as part of our team. We are confident that your employment with the
Company will be beneficial to both parties.
Respectfully yours,
______________
______________
I hereby acknowledge the receipt of this employment letter and agree without qualifications or
reservations to all the terms and conditions stated therein.
________________________
Signature over printed name
Date and Time___________________