Offer Letter
Offer Letter
Offer Letter
Offer of Employment
05/11/2021
Bobby Lopez Genita
Sta. Cruz, Agdao
Bobby ,
We are pleased to confirm the terms of your employment with RMS Collect Phils. Inc. ,
an iQor company (together with its various affiliates, "iQor").
Effective Date: 05/17/2021
Title: Agent
Location: Davao 02 (PHDS10) , or as required
Salary/Wage: 70.00 PHP Hourly
Compensation & Payment: The employee will be paid her compensation only for time
and expenses that have been approved in writing by the Company. Payment will be
made to employee’s designated bank account every 8th and 23rd of the month. Other
payment schemes can be considered by the Company.
Non-Taxable Allowance (NTA):
Rice Allowance: 13.33 PHP Hourly (paid up to 75 hrs per cut-off)
Clothing Allowance: 3.33 PHP Hourly (paid up to 75 hrs per cut-off)
Laundry Allowance: 2.00 PHP Hourly (paid up to 75 hrs per cut-off)
Meal Allowance: 6.34 PHP Hourly (paid up to 75 hrs per cut-off)
You agree and understand that the above De Minimis Benefits granted by the Company
are contingent on the location/site where you may be assigned by the Company. You
also acknowledge and accept that such benefits are subject to change and hereby
undertake to abide by the Company policy on De Minimis Benefits in the event of
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location transfer.
The above amount included in the list of the De Minimis Benefits given by the Company
and within the per benefit threshold or limit as provided by law shall not form part of the
PhP90,000.00 (or the amount that may be provided under a subsequent law) ceiling of
the 13th month pay, bonuses and other benefits that are excluded from gross income
for taxation purposes. On the other hand, any amount of De Minimis Benefits provided
by the Company in excess of the threshold or limit provided by law should be included
as part of the PhP90,000.00 ceiling.
Thus, you agree and acknowledge that any amount in excess of the PhP90,000.00
ceiling shall be subject to the applicable withholding tax.
Taxation: All payments made to the employee by the Company will be subject to
withholding tax as required by Philippine Law.
Night Shift Differential: Employee shall be entitled to night shift pay equivalent to 10% of
his/her regular hourly rate for work rendered between 10:00pm PH to 6:00am PH the
following day.
Skills Premium: 8.00 PHP hourly. It is not part of your basic salary and shall be
conditioned upon, dependent, and subject to the account tier you qualify and is
assigned to. Please refer to the table below:
2 Php 8.00/hour
If at any time during the course of your employment with the Company, whether
necessitated by business considerations or on account of business exigency or by
reason of your designation or assignment to another process, function, or account, it is
determined by the Company that your skill premium is no longer required, your skill
premium may be withdrawn and shall no longer apply. (i.e., situations wherein you are
assigned to an account that has no skill premium or lower skill premium than your
previous account.)
Benefits: You will be eligible for iQor’s Benefits as per company policy.
You may be eligible for a variable incentive plan, under which you could earn
performance compensation. These payments are contingent on your being employed
with iQor at the time they are made.
Payments Other Than Base Salary: You agree that any bonus, benefit or other payment
given by the Company to you in excess of what is specified as Base Salary shall not be
considered salary that you are contractually entitled to, but will be considered a gratuity
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that the Company reserves the right to discontinue or revise at any time. You also
understand that any payments provided by the Company above and beyond Base
Salary shall not be considered an established practice or precedent.
Transfer and Reassignment: During your employment, the Company may reassign you
to any work, program, or location for any period of time to meet business contingencies.
Employee to Devote Full Time to Company: You confirm that you have disclosed fully all
of your business interest in the Company – whether or not they are similar to or in
conflict with the business(es) or activities of the Company, and all circumstances in
respect of which there is, or there might be perceived, a conflict of interest between the
Company and you or any immediate relatives, Also, you agree to disclose fully and
immediately to the Company any such interest or circumstances which may arise during
your employment. In addition, you will devote full time, attention, and energies to the
business of the Company, and, during this employment, will not engage in any other
business activity, regardless of whether such activity is pursued for profit, gain, or other
pecuniary advantage. You are prohibited from making personal investments in any other
businesses provided those investments do not require active involvement in the
operation of said companies. Under this Rule, “personal conflict of interest” shall include
a covered employee’s obligation to disclose his/her financial interest, personal activity,
or relationship in businesses conflicting/competing with the Company, that could impair
the employee’s ability to act impartially and in the best interest of the Company.
Confidential Information: It is a condition of this Contract that:
1. You must not disclose, publish or communicate or permit the disclosure,
publication of Confidential information to any person or corporation other than to
authorized persons on a need to know basis in the course of performing the Work;
2. Any Confidential Information or other information (including any statement,
Contract, specification, design, layout, drawing, report, invention or other
intellectual property or information relating to the Company or any of its clients)
produced by you in performing the work is the property of the Company;
3. You will execute all documents and do all acts and things necessary in order to
vest in the Company or any of its affiliates or its parent company, all rights relating
to the matters dealt with in sub-clause (b); and
4. You will handle all official documents of the Company or any of its affiliates, its
parent company including their respective clients, with utmost care and keep any
information relating to the processes or operations of the Company, which you
may have acquired in the course of your employment, confidential at all times.
Non-Solicitation: You agree that, within one year from the expiration of this Contract or
from the termination of your services, you shall not as principal or for any person or
entity, directly or indirectly, induce, solicit or entice or attempt to induce, to solicit or
entice from the Company or from any of its affiliates or its parent company any director,
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manager, officer, employee, servant or employee of the Company or any of its affiliates
or parent company. This restriction shall not be deemed to apply to advertisements in
newspapers or trade publications addressed to the general public so long as any offer
arising from these limited solicitations are without willfulness.
Indemnity: During the term of this Contract, you will be responsible and accountable for
any loss of, or damage to, any material, tools, equipment, etc., issued to you in the
course of your employment. The amounts of all claims, damages, costs and expenses
which may be paid, suffered or incurred by the Company in respect of any such loss or
damage must be made good at your expense or deducted by the Company from any
money due to or becoming due to you.
Liability: You expressly agree and authorize the Company to recover any such
overpayments, monies, debts and damages via deductions from your monthly salary or
final pay. You also agree that the right of the Company shall remain in force after the
termination of your services with the Company. This is without prejudice to any other
legal actions that may be filed by the Company.
Termination and Preventive Suspension: The Company may terminate your
employment, regular or probationary, for just causes, such as but not limited to failure to
comply with the rules and regulations of the company, poor performance, and willful
breach of this contract. On the other hand,. in circumstances where it is reasonable or
necessary to protect the property, interest, and goodwill of the company and health and
safety of its employees, do so and during any termination notice period, the Company
may suspend you from the performance of any duties and/or exclude you from any
premises of the Company. Furthermore, your employment and the continuation thereof
is contingent upon the following: a) periodic performance review where you should get a
rating of not less than satisfactory, particularly during Call Monitoring and Recording; b)
your full and faithful performance with a high standard of honesty diligence, courtesy,
safety skill, obedience and trustworthiness, of all duties and responsibilities normally
associated to your position and those that will be assigned to you by the Company from
time to time; and c) your full and faithful compliance with the Agreement and the
Company’s Code of Conduct/Employee Handbook.
Probation: You will be considered a probationary employee for six months reckoned
from the date of your employment. During this period, iQor will evaluate your
performance and behavior in terms of your performance appraisal score, metrics,
attendance, based on the company’s standards for regularization of employment,
employee handbook, and the policies set forth in a specific program. After the expiration
of six (6) months and without notice of termination, you shall become a regular
employee without need of further notice.
Resignation: You may terminate this Employment Contract by giving a 30-day prior
Written Notice of such intention. This period shall be utilized to effect the proper
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turnover of responsibilities, documents, accounts, and determine if there is any
pecuniary accountability. Should you terminate your employment without any written
notice, you shall be deemed to have waived your right to dispute a) the Company Audit
findings, if any, conducted within the mentioned period; and b) any determination of
liability as a result of an infraction.
In any case that your resignation has prevented the service of a Notice of Termination,
which has already attained finality, such fact will remain valid and subsisting especially
for purposes of reemployment.
Background Check and Medical Test: By signing below, and/or attaching your electronic
signature accepting the terms of this letter, you agree that we may procure (i) medical
test and (ii) a drug test and/or (iii) a report of your criminal history up to and including the
last ten (10) years of activity, both where applicable and not prohibited by law. You also
agree that your employment is contingent on your Medical and background check
history (education, employment and criminal) not containing any records and results that
would delay or disqualify you for employment based on either our policy or the policy of
one or more of our clients for which you will be providing services. Moreover, you
confirm that there is no litigation/conviction against you before any Court of Law which
involves any criminal offense or offenses involving moral turpitude.
Conduct and Attendance: If the employee you have absented yourself from work for
three or more consecutive days (without leave or reasonable excuse) and failed to
inform their supervisor, prior or during your absence, you shall be deemed to have
terminated your employment. In such an eventuality, the Company reserves the right to
recover from you, all expenses incurred with regard to any training and development,
special education, upskilling or on the job training imparted by the Company or
damages suffered by the Company due to loss of billing, the amount to be determined
by the Company. The damages shall be automatically deducted from your unpaid
salaries and benefits, if any. In case your unpaid salaries and benefits are inadequate to
cover the Damages, you should be liable for such deficiency and you agree that the
Company shall not process your Exit Clearance until such deficiencies are paid in full.
Breach of Agreement: You will be required to apply and maintain the highest standards
of personal conduct and integrity and keep yourself informed and comply with all
Company policies and procedures. Any violation of the above mentioned or any other
Company procedures and policies would attract action as per Company’s disciplinary
policy in force, including and up to termination. All terms and conditions will be governed
by the Company’s policies as stated from time to time and the Company may in its sole
discretion as it deems fit revoke or change such policies. The Company reserves the
right to take legal and other actions against you for violating any of the provisions of this
contract.
Information Security: The Company shall provide you with a personal locker for your
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personal belongings. You acknowledge that you are aware of the Company’s policy
prohibiting its employees from carrying or bringing mobile phones, miniature computers,
universal storage devices and any all other instruments or devices which are capable of
storing and/or transmitting data into the production area. You warrant that you shall not
carry or bring such instrument and devices into the production are of the Company and
any such instruments or devices shall be deposited at your personal locker prior to the
commencement of your working hours. Any violation of this provision shall attract action
as per Company’s disciplinary policy in force, including up to termination.
Data Privacy: You permit and authorize the Company, its subsidiaries and authorized
third parties engaged in data storage and processing, to retain as long as necessary,
within and outside of the Philippines, your personal information that was legitimately
acquired by the Company, as an incident to your employment for the fulfillment of the
purposes for which the data was obtained, in accordance with the reasonable practice
and laws applicable, specifically in compliance with the requirements of Republic Act
10173, otherwise known as Data Privacy Act 2012.
Collaterals: Upon separation from the Company on account of either resignation or
termination, you will be required to immediately return to the Company, all assets and
property (including any leased assets) of the Company including laptops, computers
and its peripherals, documents, files, books, papers, training material and memos
whether in hard of soft copy which is in your possession or custody. Failure to do so
even after notice, shall be dealt with accordingly.
Special Training: Should the Company send you to a special training or sign you up in
its in-house educational program, for which the Company shall invest considerable
account, you agree to remain as an employee of the Company for the duration to be
agreed upon between you and the Company before the start of the special training,
which duration shall not be less than one year of service to the Company (“Commitment
Period”). The training may be conducted within or outside the premises of the Company
and the Philippines, and at hours to be designated by the Company. In the course of the
Special training, you shall comply with the attendance and performance requirements
which you acknowledge to have been made known to you on or before the
commencement of the training which form part of the Rules and Regulations. In case
you participate in the special training with the Company and terminate your employment
on or before the end of the Commitment Period, you shall pay the Company liquidated
damages in the amount to be determined by the Company for the cost and expenses of
the training, the amount which shall be agreed upon between you and the Company
before the start of the special training (“Damages”). The damages shall be automatically
deducted from your unpaid salaries and benefits, if any. In case your unpaid salaries
and benefits are inadequate to cover the Damages, you shall be liable for such
deficiency and you agree that the Company shall not process your Exit Clearance until
such deficiencies are paid in full.
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Assistance in Litigation: You shall upon reasonable notice, furnish such information and
proper assistance to the Company as it may reasonably require in connection with any
litigation in which it is, or may become, a party either during or after your employment.
Governing Law: Your employment shall be governed by and interpreted in accordance
with the laws of the Philippines.
Dealing Rules and Code of Conduct and Staff Regulations: It is a condition of
your employment that you comply with the Company Handbook, Policies and Code of
Conduct.
The terms of this offer shall be kept strictly confidential. You shall execute all the other
documents as may be required to give effect to this offer.
If you have questions about your offer, please email ralphian.gallegos@iqor.com .
Sincerely,
Ralph Ian Sorrosa Gallegos
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