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Contract of Regular Employment

Autor:   •  March 13, 2018  •  1,872 Words (8 Pages)  •  10 Views

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Notwithstanding first paragraph hereof, (a) the FIRST PARTY may terminate this Agreement for any of the just or authorized causes recognized by Philippine law and company policy (Disciplinary Action Standards) which is made known at the time of the engagement of the SECOND PARTY, subject to the requirements of due process, and (b) the SECOND PARTY may terminate this Agreement in accordance with Philippine law.

The SECOND PARTY shall immediately surrender all records, documents and properties of the FIRST PARTY or its client or affiliates in his custody, if requested during his employment, and at the termination thereof, whether or not requested.

In this connection, the SECOND PARTY shall be solely responsible and accountable for any loss or damage to FIRST PARTY materials/tools, equipment and other property issued to him in the course of the employment and shall answer for the same in case of his own fault or negligence.

The SECOND PARTY hereby agrees and authorizes the FIRST PARTY to deduct from his salary or other compensations any amount due and payable to the FIRST PARTY by the SECOND PARTY (e.g., cash advance, deductible amount for lost or damaged company property).

SECOND PARTY is expected to be at his/her work place on time as specified in the company policy on tardiness above. Failure to observe this rule is a ground for disciplinary action either by deducting the hours of work equivalent to the deficient time the concerned employee had incurred or by issuance of a warning memorandum that the commission of similar acts in the future will be dealt with severely.

The SECOND PARTY absenteeism is detrimental to the business of the EMPLOYER and is therefore discouraged. The following rules then must be observed:

- Leave of absence shall be filed by the SECOND PARTY at least three (3) days before he/she takes his/her leave;

- In case of illness or emergency, the SECOND PARTY shall notify the administration office in writing through his/her representative in order to grant that proper arrangement could be made during his/her absence. The notification should always state the expected date of recovery. Where the illness is expected to extend to four (4) days or more, the SECOND PARTY shall submit to the administration office a medical certificate before he/she is allowed to resume his/her work.

While employed with the FIRST PARTY, the SECOND PARTY shall refrain, whether within or outside his working hours, without the prior written consent of the FIRST PARTY: (a) from engaging in any activity which is prejudicial to the interests of the FIRST PARTY; (b) interferes with the performance of his job, and (c) from working with any other employer. The SECOND PARTY shall give immediate notice to the FIRST PARTY of any possible conflict of interest which he may have.

The SECOND PARTY shall maintain in strict confidentiality all details about the interest or business of the FIRST PARTY, which he/she has learned in connection with his/her employment.

The SECOND PARTY is prohibited from removing any business document from the Employer’s premises without the consent of the latter. In the event of suspension, prolonged illness or termination of employment, the SECOND PARTY undertakes to deliver to the EMPLOYER all documents relating to the FIRST PARTY’s business activities.

In the event the EMPLOYEE violates the confidentiality, conflict of interest provisions and/or any other obligation contained herein, the EMPLOYER shall have the right to enjoin or restrain him from performing or continuing with such act through the appropriate processes. In addition thereto, and without prejudice to any other rights of the EMPLOYER under this Agreement or under the law, he/she shall be liable to the EMPLOYER for damages, attorney's fees and other costs of litigation. The payment of damages shall not discharge the EMPLOYEE from further compliance with said provisions/obligations

In the event any portion of this Agreement shall be declared invalid or unenforceable by the court/s or otherwise rendered ineffective, the rest of the provisions hereof shall continue to be in full force and effect.

It is expressly agreed and understood that there are no verbal agreements or understanding between the parties affecting this Agreement, other than those provided under FIRST PARTY policies, rules and regulations, and that no alterations or variations of the terms hereof shall be binding upon either party to this Agreement unless the same are reduced in writing and signed by the parties.

This Agreement shall be construed in accordance with Philippine law.

The Parties acknowledge and confirm that they have read this entire Agreement; they understand all terms and conditions thereof, and agree to be fully bound by the same.

Labor dispute arising from this Contract shall be referred first to the Olongapo Labor Center for mediation or conciliation, and no complaint maybe filed before any court, agency, body or tribunal without a certification from the Olongapo Labor Center that prior mediation or conciliation has been exhausted.

IN WITNESS WHEREOF, the parties hereto have affixed their respective signatures on the date first above written.

__________________________ ________________________

FIRST PARTY SECOND PARTY

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )

City of ______________ ) S.S.

I certify that on this ________ before me, a notary public duly authorized in the city named above to take acknowledgments, personally appeared:

Name

CTC No.

Place/ Date of Issue

who were identified by me through competent evidence of identity to be the same persons described in the foregoing instrument, who acknowledged before me that their respective signatures on the instrument were voluntarily affixed by them for the purposes stated therein, and who declared to me that they have executed the instrument as their free and voluntary act and deed and, for those representing a principal, that they have the authority to sign on behalf of their respective principals.

Witness my hand and seal this ___day of ________ 20__.

Doc.No.

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