Project in Free Elective 1 Labor Law

Sample Probationary Employment Contract Centrus Corporation

Submitted by: Abo, David Christian, IT 2Y2-4 Submitted to: Prof. Vegim

March 17, 2012

I. START DATE Your Probationary employment shall commence on [Date]. Centrus reserves the right to move your start date to a latter time when business exigencies require. You agree to hold the company free and harmless from any liability as result of the changes in your start date. a. For a period of one hundred eighty (180) days from the start of your employment, unless otherwise extended, the Company will evaluate your performance and behavior in terms of your scorecards, metrics, dependability, efficiency, initiative, attitude, (as regards our customers, the Company and its officers and your colleagues), cooperation, client response, judgment, punctuality, quality and quantity of work, and professionalism.

b.

You

understand

that

the

Company

can

terminate

your

employment during this probationary period for any just or authorized cause, or if you fail to meet reasonable standards of satisfactory performance, or to pass the training program required for your position. Upon favorable evaluation, on or before the end of probationary period, your employment status will be converted to regular.

II. TERMS AND CONDITIONS a. Upon employment with the Company, you will be required to undergo a training program. It is understood that your continued employment will depend on your completing and passing this program. Once you successfully complete the training program, you will be assigned to a team and report directly to a Team Leader. b. Due to tight schedule and special nature of training provided, you are not allowed to be absent during the training period. In cases of absences, as may be determined by the Company, you may be held ineligible to continue the training period. c. If you terminate your employment with the Company or are dismissed for cause during the training period or within four (4) months after the start of training (the Minimum-stay Period), you agree to reimburse the Company immediately for the cost of your training in the amount of Twenty Thousand Pesos (Php 20,000.00) without need of demand.

d. Upon signing this agreement, you are authorizing the Company to deduct the sum of Twenty Thousand Pesos (Php 20,000.00) from any and all sum money and/or salary accruing to you (final pay). Furthermore, it is understood that the difference, if any, between the sum of Php 20,000.00 and the sum deducted from your salary will be immediately due without the need for demand.

III. WARRANTIES AND REPRESENTATIONS 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 Customer Service Associate (CSA) at the Company as of the aforementioned start date; b. Favorable results of background investigation and completion of pre-employment requirements. c. Your submission of the following requirements no less than 9 days from date of hire, (a) SSS Number, (b) TIN Number, (c) NBI Clearance, and (d) Fit To Work Clearance (Pre Employment Medical Examination). The rest of the requirements stated in the checklist of pre-employment requirements must be complied with and submitted to the Company within 15 days from date of hire. Failure to submit any of the requirements stated herein within the given period constitutes breach of this contract and may be ground for termination of employment or delay in the release of adjusted regularization pay/benefits (if applicable) pending completion.

d. You will sign and execute the Confidentiality Agreement, and similar documents; e. You will pass the training programs required for your position. f. You further warrant that, to wit: 1. There is no restriction of the nature described above imposed on you; 2. You have a good credit standing and are not otherwise heavily indebted beyond means; 3. Have not committed, not have been accused of having committed a crime; 4. Are not afflicted with any incurable disease or physical condition that could adversely affect work performance; and 5. That you have not been dismissed for cause, forced to resign or denied employment previously. YOU UNDERSTAND THAT ANY MISREPRESENTATION IN THIS REGARD MAY GIVE RISE TO YOUR DISMISSAL FROM THE COMPANY. IV. ROLES AND RESPONSIBILITIES a. As a Customer Service Associate (CSA) under a General Customer Service Program for CENTRUS Corporation (the Company), you will be responsible for representing our clients to their customers by handling calls promptly, interacting with customers to determine their needs and providing consistent, high quality service and accurate information to the customers. You will also be required to attend periodic team and call center meetings, as well as training sessions to develop your skills and competencies.

b. The Company shall provide you with an Employee Handbook and you agree to abide by all the Company rules and policies during the course of your employment. 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 your 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. c. 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 within the allotted reasonable period, producing unsatisfactory results, resulting in a performance rating of average or its equivalent such as a rating of 3 for the program/dept assigned to you under the Companys performance appraisal system. You hereby recognize that gross inefficiency is a cause analogous to the just causes for termination from employment. d. Your duties and responsibilities may change from time to time at managements discretion according to business needs; this can include working on various programs across all units in the company. e. In order to successfully serve our clients, the Company must operate 24 hours a day, 7 days a week, and 365 days a year. You understand that you will be scheduled for regular workweek that may include any shift or calendar day of the week. At times, as the

business dictates, you may be requested to work on legal holidays. The Company will pay you an hourly premium for work you perform on legal holidays in accordance with the provisions of existing laws. f. You further agree to render overtime work (a) in case of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic or other disasters or calamity, to prevent loss of life or property, or in case of force majeure or imminent danger to public safety; (b) in case of urgent work to be performed on machineries, equipment, or installations, to avoid serious loss which the company would otherwise suffer; (c) in the event of abnormal pressure of work due to special circumstances, where the Company cannot ordinarily be expected to resort to other measures; (d) to prevent serious loss of perishable goods; and (e) when the work is necessary to avail of favorable weather or environment conditions where performance or quality of work is dependent thereon. Overtime shall be compensated in accordance with law. g. 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. h. You agree that 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. i. You agree, during the entire period of your employment, to be assigned 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.

V. COMPENSATION AND BENEFITS a. You will receive a monthly base salary of Php 14,750.00 which is equivalent to an annual salary of Php 177,000.00 half of which is payable no later than the 15th day and the other half no later than the last day of each calendar month. This amount remains the same regardless of the number of days in a calendar month, subject to any deductions for unauthorized or unexcused absences. Your salary has been determined and calculated to include compensation for un-worked legal holidays. The company will withhold from your salary and pay on your behalf any income taxes and contributions to government benefit plans as required by law. b. You are entitled to a monthly allowance of Php 1,000.00 for meals, half of which is payable no later than the 15th day and the other half no later than the last day of each calendar month. This amount remains the same regardless of the number of days in a calendar month.

c. You will receive a non-taxable transportation allowance of Php 1,500.00 per month. This allowance will be given monthly in two installments together with the payroll cycle. This allowance will however be dependent on your attendance and as such pro-rated deductions will be made in cases of leaves without pay and any form of unauthorized leave. d. Program allowances and incentive schemes are program specific, as may be determined by the Company from time to time. They neither form part of your base pay nor of the guaranteed benefits provided herein. Allowances and incentives shall be applicable if being provided by the program and while assigned in the program only. Should you be transferred to another account or program, allowances and incentive schemes shall be adjusted or removed accordingly, without prejudice to your base pay. e. You will also receive the government mandated 13th month pay, which is one twelfth (1/12) of the total basic salary earned by an employee within a calendar year, no later than 24th December of each year. f. Upon hire, you will be eligible to the following benefits: 1. Health Benefits - in terms of group medical insurance for you at full Company cost. Eligibility for enrolling your dependents for health benefits starts on your fourth (4th) month of employment wherein a portion of the cost is subsidized by the Company.

2. Life Insurance The Company will cover you for life and accident insurance in the amount of 2 times your annual base salary at its own expense. 3. The Company will make contributions to government benefit plans on your behalf as required by law. 4. Vacation Leave 1.25 for every month or 15 days/calendar year. 5. Sick Leave 1.25 for every month of 15 days/calendar year. All leave application should follow the appropriate approval process. Unused sick leave credits for the year will be converted to cash in February of the following year. g. Upon becoming a regular employee after successful completion of your probationary period you will be eligible the following benefits: 1. Retirement Plan The company will provide 50% of your monthly pay per year of service after 5 years with an annual growth of 10%. This benefit is non-contributory to the employee. The Company will make contributions to the retirement plan on your behalf. 2. Quarterly Performance Bonus Consistent with existing policies, the Company provides Quarterly Performance Bonus based on individual performance provided you pass and to take effect on quarter after your probationary period.

3. Education Assistance Program The Company recognizes the value of supporting the continuous professional development of its employees. Education Assistance Program (EAP) is designed to assist employees to pursue their educational goals. All regular employees are eligible for educational assistance reimbursement of up to a maximum of Php 25,000.00 per annum. Similar to other company benefits and privileges, the Education Assistance Program is subject to the final approval of the company, upon submission of complete documents to the HRD. h. Finally, upon reaching one (1) year of employment with the company, you will be entitled to a monthly, non-taxable Rice Allowance of Php 1,000.00, half of which is payable not later than 15th and other half, not later than the last day of each calendar month. The first month of entitlement to this allowance shall likewise be reckoned from your start date.

VI. AUTHORITY TO DEDUCT a. 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 is not sufficient

to satisfy the claims of the company, the company may not be stopped from taking the proper necessary actions to ensure full payment of any and all such claims.