Agreement for Regular Employment

EMPLOYMENT AGREEMENT FOR REGULAR EMPLOYMENT

KNOW ALL MEN BY THESE PRESENTS:

This Agreement for Regular Employment is entered into this _______ day of ________________________, 20_______ at the City/Municipality of ________________________, Province of ________________________ by and between:

________, a corporation duly organized and existing under and by virtue of the the laws of the Republic of the Philippines with principal address at ________, herein represented in this act by ________, who holds the following position at ________: ________, hereinafter referred to as the "Employer"

- and -

________, Filipino, of legal age, and with residential address at ________, hereinafter referred to as the "Employee"

WHEREAS, the Employer is engaged in the business of the following nature:

________

WHEREAS, the Employee has qualified as a regular employee of the Employer

WHEREAS, the Employer hereby offers and the Employee hereby accepts regular employment in the following rank-and-file position: ________

NOW THEREFORE, in consideration of the foregoing and the terms and conditions set hereafter, the Parties agree as follows:

I. START OF EMPLOYMENT

Employee's start of regular employment shall be on ________.

II. DUTIES AND RESPONSIBILITIES

Employee is engaged in the rank-and-file position of ________.

Employee shall perform the following duties and responsibilities and such other responsibilities that may be assigned to them in the course of their employment:

________

The duties and responsibilities of the Employee have likewise been explained to them and Employee was given the opportunity to ask questions and discuss the duties and responsibilities at the time of engagement.

III. COMPENSATION

Employee shall be paid a gross rate of ________ (₱________) per day, subject to government-mandated deductions, including Employee's contrubution to SSS, Pag-Ibig, and Philhealth, every 15th and 30th day of the month.

Employee shall be paid in the following manner:

________

IV. OTHER BENEFITS

Employee shall likewise be entitled to all applicable benefits mandated by law, considering Employer status and Employee's position as a rank-and-file employee.

Employer may, at its discretion, grant bonuses, allowances, or benefits not defined in this Agreement. Such exercise of discretion shall not be considered as established practice or precedent and shall not be demandable under this Agreement or any written or unwritten agreement.

V. WORK SCHEDULE

Employee's schedule for work will be:

________

The work schedule may be changed by the Employer or its management as it may deem necessary to meet its operational requirements.

Employee may likewise by required to work more than the aforementioned regular work schedule, such as working overtime or during rest days and/or holidays, due to the business requirements of the Employer.

The primary place of work of Employee shall be at:

________

Employee agrees to be transferred or assigned to other locations as may be required by the needs of the Employer.

Employee agrees to travel from time to time as may be required by the needs of the Employer.

VI. COMPANY RULES AND REGULATIONS

Employee shall follow all Employer's rules and regulations, written or otherwise. All existing and future company rules and regulations shall be deemed incorporated to this Agreement.

It shall be the duty and responsibility of the Employee to be aware of and comply with the Employer's rules and regulations.

Employee has been provided with a copy of the following document: ________ at the execution of this Agreement. Said document outlines the policies, rules and regulations of the Employer. Employee undertakes to read and understand the document and comply with the same.

Employee shall likewise observe laws, rules and regulations, as well as standards of fairness, good customs, transparency and honesty in the course of the employment.

Employer undertakes to provide an updated version of said document and any new policies, rules, and regulations that may be implemented in the future. Posting of any updates in the policies, rules, and regulations in a place easily and regularly accessible to the Employee fulfills this requirement.

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VIII. RESIGNATION OF THE EMPLOYEE

Employee shall give a written notice of their intention to resign from employment at least thirty (30) days prior to the effective date of resignation.

IX. NON-DISCLOSURE

Employee shall not disclose to any third party any part of this agreement, including salaries and other compensation and benefits unless legally required by law, statute, or any competent authority.

Violation of this prohibition shall be a ground for disciplinary action.

X. CONFIDENTIALITY

Employee hereby acknowledges and agrees that the Employer possesses certain non-public Confidential Information (as hereinafter defined) regarding its business operations and development. Employee acknowledges and agrees that the Confidential Information is secret and valuable to Employer's business and that due to the nature of Employee's employment, Employee will have access to the Employer's Confidential Information. Employer desires to maintain the secret and private nature of any Confidential Information given.

"Confidential Information" refers to any information which is confidential and commercially valuable to Employer. The Confidential Information may be in the form of documents, techniques, methods, practices, tools, specifications, inventions, patents, trademarks, copyrights, equipment, algorithms, models, samples, software, drawings, sketches, plans, programs, or other oral or written knowledge and/or secrets. It may also pertain to, but is not limited to, the fields of research and development, forecasting, marketing, personnel, customers, suppliers, intellectual property, and/or finance or any other information which is confidential and commercially valuable to Employer.

"Confidential Information" also refers to any formula, process, method, pattern, design, or other information that is not known or reasonably ascertainable by the public, consumers, or competitors through which, because of such secrecy, an economic or commercial advantage can be achieved.

For purposes of this section, "Confidential Information" shall also refer to physical keys or other forms of access to Employer's place of business and/or other locations where Confidential Information is stored.

Confidential Information may or may not be disclosed as such, through labeling, but is to be considered any information which ought to be treated as confidential under the circumstances through which it was disclosed.

Confidential Information shall not mean any information which:

1. is known or available to the public at the time of disclosure or became known or available after disclosure through no fault of the Employee;

2. is already known, through legal means, by the Employee;

3. is given by the Employer to third parties, other than the Employee, without any restrictions;

4. is given to the Employee by any third parties who legally had the Confidential Information and the right to disclose it; or

5. is developed independently by the Employee and the Employee can show such independent development.

Employee hereby agree that they shall:

1. Not disclose to a third party that they are in possession of such Confidential Information;

2. Not disclose the Confidential Information via any unauthorized means to any third parties or other employees of Employer unless, as determined by the Employer, such third parties or employees are required to have knowledge of the Confidential Information for the purpose of this Agreement and that such third parties or employees have been advised of the confidential and proprietary nature of the Confidential Information;

3. Not copy or reproduce the Confidential Information or any part thereof except as may be required by this Agreement. Any copy or reproduction of the Confidential Information shall be the property of the Employer unless otherwise agreed upon in writing;

4. Not use the Confidential Information for any purpose except those contemplated herein or expressly authorized by the Employer.

If Employee will be required to divulge any Confidential Information or other information learned during the course of employment by any governmental agency, judicial form, or court, Employee shall notify Employer of said requirement at least 10 days prior to the date of said required disclosure.

At the termination of this Employee's employment for any cause or reason, Employee shall the immediately return all documents and materials, including all copies thereof, regardless of whether the same is in physical form or electronic copies, containing Confidential Information that was disclosed by the Employer, as well as keys and other forms of access to Employer's place of business and/or other locations where Confidential Information is stored, within Thirty (30) Days from the termination of Employee's employment or within five (5) Days from receipt of a written request from the Employer. Said written request shall contain an enumeration or list of the documents or materials that should be returned by the Employee. The Employee shall provide a notarized affidavit in writing that no copy of the Confidential Information has been retained by the Employee.

This clause shall survive the termination of this Agreement.

XI. SEVERABILITY

The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, Employer and Employee agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed subsequent to the expungement of the invalid provision.

XII. HEADINGS

Headings are for convenience only and do not affect the interpretation of this Agreement.

XIII. APPLICABLE LAW

This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines and all disputes shall be under the jurisdiction of the proper authorities and/or courts of the Philippines.

XIV. ENTIRETY OF AGREEMENT

This Agreement represents the entire agreement between the Employer and the Employee and supersedes all prior negotiations, representations, agreements, either oral or written.

In witness where, the Parties have hereunto affixed their signatures on the date and place first stated above.

________
Employer

By:

________
________

________
Employee

ACKNOWLEDGMENT

Republic of the Philippines
Province of ________________________ )
City or Municipality of ________________________ )S.S.

BEFORE ME, a Notary Public, for and in City or Municipality of ________________________, ________________________, this _________ day of ________________________, 20__________, personally appeared the following persons:

1. ________, in their capacity as the duly-authorized representative of ________, with the following competent proof of identification: Driver's License with number ________ which expires on ________

2. ________, with the following competent proof of identification: Driver's License with number ________ which expires on ________

All known to me to me and to me known to be the same persons who executed the foregoing Employment Agreement and they acknowledged to me that the same is their free and voluntary act and deed.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my notarial seal on the date and at the place written above.

Doc. No. _________;
Page No. ________;
Book No. ________;
Series of ________.