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Employee Contract

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CONTRACT 

OF EMPLOYMENT

 
KNOW ALL MEN BY THESE PRESENTS:
 
This Contract of Employment is executed this ______________ at Rizal by and
between made this_______________by:
 
EGC ENTERPRISES  a sole proprietorship existing in accordance with laws of the
Republic of the Philippines, with principal office at Block 3, Lot 1 & 2, Victoneta
Baytown, Brgy. Kalayaan Angono Rizal, represented in this act by its President, Gina
C. Cañaveral, hereinafter referred to as the EMPLOYER;
 
-AND-
 
ROSALINDA C. OCCIDENTAL, of legal age, Filipino and a resident of Oma-oma Ligao
Albay, herein referred to as the EMPLOYEE.
 
WITNESSETH: THAT –
 
WHEREAS, the Employer is engaged in Waste Oil Recovery process;
 
WHEREAS, Employee manifests and guarantees that he/she possesses the requisite
qualities and competencies needed by the Employer in the conduct and course of its
business;
 
NOW THEREFORE, the parties hereby agree as follows:
 
1. APPOINTMENT
 
Employee is hereby appointed as DATA COLLECTION AGENT under probationary
status for a period of six (6) months reckoned from the first day of actual work.
 
2. COMPENSATION:
 
Employee will receive a gross basic daily rate of PHP 400.00, subject to withholding
tax, SSS premiums, Pag-ibig contributions, Philhealth dues and other government-
required deductions. In addition, EMPLOYER will pay the mandatory 13th month
salary at the end of each calendar year and EMPLOYER may at its discretion provide
performance bonuses. Annual and incremental salary adjustments and merit
increases may be effected on a case to case basis and upon the recommendation of
the immediate manager and upon approval of management.
 
3. REGULARIZATION OF EMPLOYMENT
 
By the end the end of the six-month probationary period, depending on the
recommendations of the immediate supervisor/manager, Employee will become a
regular employee of the company entitled to all company benefits and privileges
enjoyed by regular employees;
 
4. VACATION AND BENEFITS
 
Upon regularization, Employee will be entitled to seven (7) days vacation and seven
(7) days sick leave for each year of actual employment, Employee is expected to
accrue leaves before he can apply for it. Since leave credits are not convertible to
cash, Employee is strongly encouraged to use all leave credits earned during the
calendar.
 
5. DUTIES AND RESPONSIBILITIES
 
Employee shall perform the duties and responsibilities that his position or job
necessarily entails, as may be contained in his job description or as may be
reasonably assigned to him by the company from time to time. The specific duties
and responsibilities of Employee are contained in the corresponding Scope of Work
and Job Description, which herein Employee acknowledges to have read and
understood as a condition for his regularization and entitlement to other benefits
and promotion.
 
Employee is obliged to perform his duties loyally, independently and  industriously
to help meet the goals and objectives of the Company and is expected to carry out
these responsibilities to the best of his knowledge and abilities in order to protect
and advance the interests of the Company, its principals, and its employees.
 
6. PLACE OF WORK
 
Employee’s primary place of work will be at Block 3, Lot 1 & 2, Victoneta Baytown,
Brgy. Kalayaan Angono Rizal, Employee agrees that Employer may transfer him to
any other location as may be required by the exigencies of the business, the
organizational requirements of the company and the responsibilities of Employee’s
position. Employee may be required to travel from time to time.
 
7. HOURS OF WORK
 
Employee shall render a minimum of eight (8) hours of work per day from 8:00 am
to 5:00 pm and report for work at least six (6) days per week. It is understood that
Employee is being employed with a level of confidence and degree of responsibility
that may further require him to render work beyond normal business hours for
which Employee may be justly remunerated.
 
8. OVERTIME WORK AND HOLIDAY PAY
 
In case the demands of business or the company would require Employee to work
more than his regular work schedule, he may be required to render overtime work
and shall be entitled to overtime pay as provided by law. Overtime work is not
compensable for managerial employees unless otherwise declared by management.
 

9. DECORUM
 
Employee shall observe and comply with all company rules and regulations written
or otherwise. Employee shall devote his entire working time to the Employer and
shall have no direct or indirect interest in any firm or entity, whether for profit or
not, directly in competition with or offering the same services as Employer nor shall
Employee take any interest that is conflicting or inimical to Employer.
 
10.NON-COMPETITION AFTER EMPLOYMENT
 
In the event Employee is separated or terminated from employment for whatever
reason, he shall not seek employment in a local or foreign firm doing business in
the Philippines nor establish or set up a business offering similar services for a
period of one (1) year from date of separation or termination, without the prior
notice to Employer.
 
11.INTELLECTUAL PROPERTY
 
The Company shall be entitled to sole ownership of any intellectual property rights
including but not limited to software programs, hardware specifications and other
property rights created, developed and discovered by Employee while in the course
of his employment with the Company, including all registrations for the same.
 
12.NON-DISCLOSURE
 
Employee acknowledges and confirms that this contract must remain confidential.
Except as may be legally required by competent authority or applicable statutes, the
parties hereto shall not make any unauthorized disclosures of the terms and
conditions embodied in this contract.
 
13.CONFIDENTIALITY
 
In order to safeguard the Company’s interest and the confidentiality of its business
and affairs, Employee agrees that during the term of his employment and from and
after the actual cessation of his employment he shall maintain strict confidentiality
and shall not disclose any technical, business, financial or commercial information,
methods, processes, inventions (whether covered by intellectual property protection
or not or whether marked confidential or not) including but not limited to:
customers. customer lists or requirements, price lists, pricing structures, marketing
and sales information, business plans or dealings, employees or officers, financial
information, product lines, research activities, plans, designs and formula, whether
authored by employee or otherwise.
 
Failure to comply with this confidentiality undertaking shall be construed and
considered as gross Misconduct and shall be deemed a ground for the termination
of his employment.
 
14.UNDERTAKING
 
Employee shall work exclusively for the benefit of the company. Employee warrants
that he shall comply with all his undertakings and obligations set forth in this
Contract and shall indemnify Employer of any actual losses, damages, costs and
expenses, including attorneys’ fees incurred as a result of the breach of this
Agreement or his willful act, omission, fraud or negligence.
 
15.TERMINATION
 
Employer reserves the right to terminate or cancel this Contract after observing due
process for just or valid causes. Termination may be due to any. But not necessarily
limited to the following:
 
 Inefficiency;
 Incompetence;
 Tardiness;
 Insubordination;
 Breach of confidentiality and non-disclosure
 Violation of company’s intellectual property rights
 Just and authorized causes enumerated in Article 282. 283. And 284 of the
labor code;
 Other causes provided in the Company Rules and Regulations; and
 Other analogous causes.
 
18.ACCEPTANCE OF TERMS AND CONDITIONS OF EMPLOYMENT
 
Employee’s affixing of his signature on the herein Employment contract means that:
 
1. Employee has read and fully understood the terms and conditions hereof and
accepts the same;
2. The terms and conditions for the regularization of his employment have been
clearly communicated to and accepted by him/her at the time of his engagement.
 
IN WITNESS WHEREOF, we hereunto affix our signatures on the date and at the place
first above written.
 
  _______________________________
EGC ENTEPRISES                                       ROSALINDA C. OCCIDENTAL
Employer                                             Employee
 
By:
Gina C. Cañaveral
President
 

Signed in the presence of:

_____________________                 _____________________


ACKNOWLEDGMENT
 
Republic of the Philippines)
_____________________              ) SS.
 
BEFORE ME, a Notary Public for  and in ___________________________ this
______________________  personally appeared the following persons  whose identities
I have confirmed through competent evidence of identity bearing their pictures and
signatures as described below:
 

TYPE OF DATE AND PLACE OF


NAME NUMBER
ID. ISSUANCE/EXPIRY DATE.

 
182-069-
 Gina C. CAñaveral TIN ID October 2, 2012
209-000
 

 
 ROSALINDA C.
OCCIDENTAL
 

 
all known to me to be the same persons who executed  the foregoing instrument
consisting of ____ pages including this page where the Acknowledgment is written
and they acknowledged to me that the same is their free and voluntary act and deed
as well as that of the entities that they respectively represent.
 
WITHNESS MY HAND AND SEAL at the place and on the date first-above written.
 
Doc. No. _______;
Page No. _______;
Book No. ______;
Series of _______.

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