Employee Contract 2021
Employee Contract 2021
Employee Contract 2021
02 Ju;y 2021
Ma. Sherelyn Padua resides at #74 Sto. Domingo St, Barangay Holy Spirit Philcoa, Quezon City
We are pleased to confirm our offer to you as Receptionist-CS for Infinite Global Success Corp. (the
“Company”) effective 02 July 2021. In this capacity, you will report directly to the ____, IGS Phils
We expect you to treat this Employment Contract with utmost privacy and confidentiality. It shall
not be valid, without the signature of the Director of Human Resources. No portion or provision of
this contract may be reproduced, transmitted in any form or by any means, electronic or mechanical,
including photocopying and recording or by any information or retrieval system without the written
consent and approval of the Company. Any violation hereof, shall be dealt with accordingly,
including but not limited to the withdrawal of the offer or annulment of the contract.
We are pleased to offer you employment with Infinite Global Success Corp. (“Company”) with its
principal place of business in Quezon City, Philippines on the terms set out in this Employment
Contract.
1.1 Your employment is intended to be for an indefinite term, subject to you obtaining the
necessary work permit from the relevant government authorities and maintaining
the same in good standing, for your employment or continued employment, as the
case may be, with the Company. Your employment will commence on 02 July 2021.
(a) the Company’s satisfaction, in its sole discretion, with the results of a background
and reference check and verification of your salary and employment history
which check and verification you hereby consent to. If such check and verification
are conducted through a third party service provider, you agree and acknowledge
that personal information about you may be disclosed to such third party;
(b) Your submission of the required documents and government ID and numbers
such as Tax Identification Numbers, Social Security System, NBI Clearance,
Philhealth, and Pag-ibig within 15 days from the start of your employment.
(d) In any event, you warrant that: there is no restriction of the nature described
above imposed on you; you have a good credit standing and are not otherwise
heavily indebted beyond your means; have not committed, nor have been
accused of having committed a crime; are not afflicted with any incurable disease
or physical condition that could adversely affect work performance; and 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 non-regularization from the company.
(f) terminated for any of the cause provided by law or this Contract. Your
employment is subject to the Company’s standards for regularization of
employment, which you hereby acknowledge to have received and to be aware
of. These standards for regularization are:
External Appearance - You must keep yourself neat, presentable and well
groomed at all times. You must carry yourself in a dignified and respectful
manner.
Attendance & Punctuality -You must be able to strictly observe shift schedule,
`training schedule, workdays, work hours and break periods. You must be able
to report to work regularly and on time. Frequent absences, tardiness or
“undertime” is strictly forbidden.
Job Competence - You must prove your knowledge and understanding of the
nature, details and demands of your job. You must be able to demonstrate
ease in learning the rudiments of your job and in understanding instructions.
Attitude -You must demonstrate a sincere interest and enthusiasm in your job.
You must show a positive outlook towards the Company, its business,
operations, beliefs and concerns. You must show willingness to learn and to
overcome job difficulties. You must be able to perform your job with a
positive attitude even while working under stress. This includes having the
quality of initiative, responsibility and foresight.
Discipline - You must be able to comply with the Company’s rules and
regulations. You must be able to show maturity in accepting criticisms and
remarks regarding your work and attitude.
Attitude towards Co-employees and Superiors - You must be able to show
respect to your superiors, co-employees and others in general. You must be
able to work well with others. This includes the ability to cooperate and to
work as part of a team.
Background Checks - You must be able to complete and pass all background
checks that the Company will conduct, including reference check and
verification of your identity, education and your salary and employment
history.
Work Quality - You must be able to prove to the satisfaction of the Company
advanced skills, initiative and competence in your duties and responsibilities.
(h) termination pursuant to the terms of this agreement, relevant policy and the
requirements of applicable law.
(i) Should you fail to meet any of the conditions mentioned above, you recognize the
right of the company to terminate your probationary period.
2.1 You will initially report to a supervisor or manager, or such other person as required
by the Company from time to time.
2.2 Your place of work will be in 915 Aurora Blvd Cubao, Quezon City, Philippines or any
such other location, including the premises of the Company’s customers, as the
Company may designate from time to time. By signing this contract, you agree that
the Company may change your place of work, in its absolute discretion, to another
location.
2.3 You agree, as a condition of your employment and prior to the date of your
commencement, that you will execute the Company’s “Confidentiality and
Intellectual Property Agreement”, accompanying this Contract.
3. Duties
3.1 Your primary duty and responsibility is to deliver optimum customer service to our
clients and customers. Your other duties and responsibilities shall be discussed to
you during training. Your duties and responsibilities may change according to the
needs of the Company. You hereby recognize the right and prerogative of the
Company to change your duties and responsibilities according to the Company’s
needs. Any change shall also form an integral part of this Contract as if agreed upon
at the time of the execution of this Contract.
3.2 You agree that, during your employment with the Company, you must:
(a) perform to the best of your abilities and knowledge the duties assigned to you
by the Company from time to time, whether during or outside Business Hours
and at such places as the Company requires;
(b) serve the Company faithfully and diligently to the best of your ability;
(c) use all reasonable efforts to promote the interests of the Company;
(d) act in the Company’s best interests;
(e) comply with all laws applicable to your position and the duties assigned to
you; and
(f) report to the person or persons nominated by the Company from time to
time.
(g) Perform your duties and responsibilities with honor and integrity.
3.3 Without limiting your duties to the Company, you must not:
3.5 For the sake of clarity, changes in duties and responsibilities may include handling a
team or group of employees, without the benefit of promotion or increase in
benefits and compensation. Promotions shall be in accordance with the company’s
existing policies and procedures.
4. Salary
4.1 For all services you render, you shall receive a gross salary as set forth in an
annexure, which is attached hereto and made an integral part of this Agreement.
The said salary shall be paid in arrears, one-half on the 15 th of the month and the
other one-half at the end of the month.
4.2 Depending on the Company’s economic standing, you may be given incentives or
bonuses apart from the amount you are legally entitled to under the 13 th Month Pay
Law or any other laws.
4.3 Despite as provided in the above paragraph, the right to, and any payments of,
incentives and bonuses will be in accordance with applicable Company policies and
this agreement. The above paragraph does not in any way imply that you have a
right or entitlement to receive any incentive or bonus payment or participate in any
scheme which provides for such payments.
4.4 Your basic salary and any payment in respect of the legally mandated thirteenth
(13th) Month Pay will be paid according to local payroll practices, subject to any tax
or other deduction provided or permitted by law in force from time to time, such as
Social Security System, Philippine Health Insurance Corporation and Home
Development Mutual Fund (Pag-IBIG Fund) contributions.
4.5 Except for the taxes and contributions mandated by law to be withheld by the
Company or for the government filings required by law to be made by the Company
in connection with the salary and other compensation and benefits arising from this
employment, all other taxes and contributions and filings shall be your responsibility
and shall be made by you. Your salary may be reviewed from time to time in
accordance with Company policy, but will not necessarily be increased. This basic
salary is paid in satisfaction of all services rendered by you under this Contract to the
extent permitted by law.
5. Discretionary Benefits
5.1 The Company may, at its discretion, from time to time provide you with other
benefits. Unlike your salary, the Company may cease providing these benefits or
change the basis on which it provides them at its discretion and you do not have an
entitlement to continue to receive these benefits or to receive any other payment or
benefit in lieu.
5.2 Unless you are advised in writing that a benefit or item of compensation is part of
your base salary, it will be a discretionary benefit to which this clause applies.
5.3 The Company's current discretionary benefits include those as set forth in the
attached annexure.
6.1 You will be entitled to vacation leaves, consistent with the prevailing company policy
and procedures in availing the leaves. The Company reserves the right to change the
same, subject to applicable law.
6.2 You are entitled to public holidays in accordance with the laws of the Philippines.
Such public holidays do not form part of your annual vacation entitlement.
Nevertheless, by signing this Agreement, you hereby agree that the Company may
move the celebration of a holiday to another date, at the complete discretion of the
company. You also acknowledge that you have received a copy of and agreed to, the
Company's flexiholiday policy.
6.3 Vacation days and public holidays that are considered regular holidays will be paid as
actual workdays.
6.4 Upon termination of your employment for any reason whatsoever, your outstanding
accrued vacation days shall not be paid to you, unless otherwise provided by law.
6.5 You shall also be entitled to other benefits and leaves, whenever applicable, under
Company policies. A summary of your benefits and entitlements is provided in an
annexure of this employment contract.
7. Hours of Work
7.1 The working hours under this Contract will be forty (40) hours per week. You may be
required to work in excess of or outside normal working hours as necessary to
perform your duties and responsibilities. You may also be required to work on
irregular hours as assigned and necessary for the nature of your work. The normal
working days will be five (5) days in a week, even if you may not be initially required
to report for work for exactly five (5) days a week. By signing this Contract, you
hereby agree that the Company may implement Flexi hours, subject to applicable
laws.
7.2 By signing this Contract, you thereby consent to render work outside your normal
working hours, including overtime work, whenever required by the Company. You
further understand that overtime pay and any other premium pay for work rendered
outside your normal working hours shall be paid only if such work is expressly
requested or approved, as the case may be, by your supervisor or manager, and you
are legally entitled to such additional pay under Philippine law.
7.3 For the sake of clarity, no overtime work shall be paid, unless it was expressly
approved and/or requested by your immediate manager.
7.4 In cases of managerial employees, managerial staff and other exempt employees,
the salary payable to them is already an adequate compensation in case they are
required to work for any additional hours and they shall not be entitled to any
additional payment in this regard.
7.5 The Company shall pay overtime pay and other additional compensation to its
employees in accordance with Philippine law and the provisions of this Contract.
7.6 You will have two rest days per week, the schedule of which will be determined by
the Company. While there may be a day or days in a week (other than your
scheduled weekly rest day) when you will not be required to report for work, such
day or days will not be considered additional rest day or rest days, but will be
considered normal work day or work days without work.
7.7 The Company will operate in a 10am – 10pm x 7 working environment and you agree
to be assigned to or work in any shift / days, subject to the complete discretion of
the Company.
7.8 Subject to other relevant company policies, you will be paid a night shift differential
premium corresponding to the time you have rendered work between 10pm to 6am.
8. Business Travel
8.1 Your duties may require you to engage in travel on behalf of the Company including
travel outside the Philippines. As a consequence, you must work any additional
hours as required. You expressly agree to accept such reasonable travel and hours
of work without additional compensation, subject to applicable law.
8.2 Business travel and assignments outside of the Philippines will be notified to you in
advance, but you agree that you will not refuse such travel and assignments without
imperative reasons.
9. Expenses
10.1 You will be entitled to paid sick leave in accordance with the Company’s policy in
place from time to time, subject to applicable law. Such leave will not accrue from
year to year and you will not be entitled to any payment in respect of such leave on
termination of your employment.
10.2 You are required to notify the Company immediately of every absence from work and
its probable duration. Upon request by the Company, you must promptly provide
the Company with reasons for the absence.
10.3 Without limiting its statutory rights, before granting paid or unpaid sick leave, or
during or after any period of sick leave, the Company may, to the extent permitted
by law:
a) require you to provide the Company with satisfactory evidence confirming your
illness or injury; and/or
b) require you to be examined by a medical practitioner nominated by the
Company in respect of the illness or injury, who will provide a report to the
Company.
11.1 Your employment may be terminated by the Company for just and authorized causes
pursuant to Articles 282 to 284 of the Labor Code of the Philippines.
11.2 In addition to the just and authorized causes for the termination of employment
enumerated in Articles 282 to 284 of the Labor Code of the Philippines, the following
acts and/or omissions shall, without limitation, similarly constitute just and
authorized grounds for the termination of your employment by the Company and/or
grounds for the Company to impose disciplinary measures against you:
11.3 The termination of your employment howsoever arising shall not affect such of the
terms hereof as are expressed to operate or have effect thereafter and shall be
without prejudice to any right of action already accrued to the Company in respect
of any breach or default by you.
11.6 Subject to law, other provisions of this agreement and termination policy of the
Company, you may terminate this employment contract by serving a mandatory
written notice on the Company of at least one (1) month in advance. Nonetheless,
upon the complete discretion of the Company, this 30-day notice requirement may
be waived by the Company by requiring you to pay a sum at least equal to your base
salary for 30 days instead.
11.7 Should you abscond or fail to render 30 days notice, 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 the sum of Php
500.00, as liquidated damages, for every unexpired portion of the required 30 days
notice.
11.8 If the amount due you 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.
11.9 Upon the termination of the employee's employment, for whatever reason, the
Company will be entitled to deduct from any payments then due or becoming due to
the employee (whether in respect of any period before such termination or not) any
moneys which may then be or become due thereafter from the employee to the
Company.
11.10 Upon the termination of the employee's employment, for whatever reason, the
employee shall forthwith return all property belonging to the Company including but
not limited to, documents, equipment and other working materials. The Company
reserves the right to make deductions for any items not returned or damage to any
such items.
11.11 By signing this contract, you hereby consent to the withholding of and deduction
from your salary and from other amounts to be paid in severance as expressed
above.
12. Redundancy and Other Authorized Causes to Terminate Employment
(i) any remuneration due to you but unpaid at the date of termination; and
(ii) any amount required under applicable law to be paid.
(a) you have not entered into any other agreement or arrangement which may be in
conflict with the terms and conditions of your employment with the Company, or
which would preclude you from fully performing your job responsibilities for the
Company; and
(b) your performance of your duties for the Company does not and will not breach
any obligation you have to keep in confidence: proprietary information;
knowledge or data acquired by you in confidence or in trust prior to your
employment by the Company; and you will not disclose to the Company or induce
the Company to use any confidential or proprietary information or material
belonging to any previous employers or others.
(c) you do not have any outside business interest including non-Company-related
work whether paid or unpaid, business ventures, directorships, partnerships or a
direct or indirect financial interest which has the potential to be in conflict with
your employment, the interests of the Company, or their partners, customers and
suppliers; or
(d) Engaging in any activity that might compete directly or indirectly with the
Company or might pose a conflict of interest with your employment; or
(e) Having or gaining an interest including a direct or indirect financial interest (for
example, ownership of shares or ownership or investment in an outside business),
which might pose a conflict of interest with your employment; or
(f) any other employment, activity, or undertaking which may create conflict of
interest or may interfere with your employment.
13.2 During your employment with the Company, you agree not to become associated as
an owner, employee, agent, consultant, officer or partner or in any other capacity
with any business which furnishes services or products similar to those of any
member of the company or which in any way otherwise competes with any member
of the Sutherland Global Services Philippines, Inc. While you are employed by the
Company, you also agree not to become a director of any company or business,
without the Company’s prior written consent.
13.3 You hereby represent and warrant that you are not subject to any restrictions,
agreement, arrangement, contract (including but not limited to, any non-compete
restriction), understanding, court order or otherwise that would directly or indirectly
prevent, restrict or prohibit you from working in the Company, from entering into
this Agreement or from fully performing your duties and responsibilities pursuant to
this Agreement. You shall indemnify, defend and hold the Company and its
representatives harmless from and against any and all claims, made or threatened,
arising from any such restrictions, agreement, arrangement, contract (including but
not limited to, any noncompete restriction), understanding, court order or otherwise
that directly or indirectly prevents, restricts or prohibits you from working in the
Company, from entering into this Agreement or from fully performing your duties
and responsibilities pursuant to this Agreement. You shall also indemnify the
Company for any amount of damages that the latter may suffer thereby.
13.4 Prior to signing this Contract, you shall terminate all business relationships,
employment or concerns with which you may be personally involved with.
14.1 For one (1) year after the date of the termination of your employment you must not
and must not prepare to, within the Philippines: participate in; assist with; or
otherwise be directly or indirectly involved as a member, shareholder (other than a
shareholding of less than five percent (5%) in a company listed on any recognised
stock exchange), unit holder, director, consultant, adviser, contractor, principal,
agent, manager, employee, beneficiary, partner, associate, trustee or financier of,
any business or activity that is the same or similar to a part or parts of a business: (A)
carried on by a member or members of the Sutherland Global Services Philippines,
Inc.; and (B) in which you worked at any time during the 12 months prior to the date
of the termination of your employment; or for any person, company or other entity
that competes with any member of the Sutherland Global Services Philippines, Inc.
14.2 During and for twelve (12) months after your employment with the Company ends,
regardless of the reason that it ends, you must not solicit, canvass, approach or
accept any approach from directly or indirectly, either alone or in concert with
others:
14.3 You agree that any breach, violation or evasion of this provision will result in
immediate and irreparable injuries and harm to the company, and you agree that
the Sutherland member seeking to enforce this agreement will have recourse to the
remedies of injunction and specific performance, or either of such remedies, as well
as all other legal or equitable remedies to which such company may be entitled.
15. Compliance with the Foreign Corrupt Practices Act and Domestic Anti-Corruption and
Anti-Bribery Laws
15.1 Compliance with the U.S. Foreign Corrupt Practices Act (“FCPA”). You agree that you
will not:
(a) use, offer or promise to use any funds or thing of value for any unlawful
contribution, gift, entertainment, or any other unlawful payment or
expenses relating to political activity, or;
(b) make, offer to make, or promise to make any unlawful contribution, gift, or
any other payment of money or anything of value to any foreign or domestic
Government official or employee, or to any foreign or domestic political
party or campaign or any candidate for foreign or domestic political office.
15.2 Compliance with Philippine anti-corruption and anti-bribery laws. You agree that you
will not:
15.4 The Company may terminate this agreement with you at its sole discretion at any
time if the Company determines that you have breached this provision, or have
otherwise engaged in any action or conduct in violation of the FCPA or any other
applicable antibribery or anti-corruption law or regulation in any jurisdiction.
15.5 At its sole discretion, the Company may decide to disclose to the U.S. and/or any
other Government the facts of any violation of this provision by you.
16.1 The Company understands that privacy of information is important to you. The
Company does not sell or otherwise share personally identifiable information except
as provided below.
16.2 You consent to the processing and use of your Personal Data held by the Company for
legal, personnel, administrative and/or management purposes. You further consent
to
the transfer of your Personal Data to other members of the company and to other
third parties including those who provide products or services to the Company (such
as benefit providers and payroll administrators), legal counsel, regulatory
authorities, potential or future employers and potential purchasers of the Company
or the business in which you work provided that the transfer is for one of the
purposes referred to above, even where the recipient of the data is located in a
country or territory which does not maintain adequate data protection standards
but where the Company has nevertheless installed reasonable technical safeguards
to avoid unauthorized access.
16.3 I further consent to my Personal Data being stored on a central database in the USA
or wherever it may be located in the future, which is accessible by persons from the
Sutherland Global Services Philippines, Inc., and other third parties mentioned above
in a number of different countries or territories, including countries and territories
which do not maintain adequate data protection standards. For the purposes of this
consent, "Personal Data" includes, but is not limited to: name, address and contact
details, date of birth, marital status, educational background, employment
application, history with the company, job title, areas of expertise, details of salary
and benefits, social security number, bank details, performance appraisals, salary
reviews, records relating to holiday and other leave, working time records, details of
any shares of common stock or directorships of the Company or any other member
of the Sutherland Global Services Philippines, Inc., held by you, details of all stock
options, phantom stock options, or any entitlement to shares of common stock of
the Company or any other member of the Sutherland Global Services Philippines,
Inc., awarded, cancelled, exercised, vested, unvested or outstanding in your favour
and other management records. Personal Data also includes Sensitive Personal Data
relating to your health (including information in the employee medical
questionnaire, records of sickness absence, medical certificates and reports).
17.1 You acknowledge that the Company's local and wide area network infrastructure and
its telecommunications system and its components, including telephones, mobile
phones, facsimile machines, photocopiers, printers, personal organizers, computers
and servers, as well as the applications running on and services provided by these
systems including paper-based documents that are generated, e-mail and voicemail,
Internet and Intranet, and file storage facilities ("IT systems") and all oral
communications, telephone conversations, information and messages or any part of
a message (whether in the form of data, texts, images, speech or any other form)
transferred via and/or stored on the IT systems, including any recording and/or
copies made of such communications, and any attachments to such communications
("Communications") made via the IT systems are the property of the Company. The
IT systems must be used only to conduct Company business and to enhance your
productivity.
17.2 You acknowledge that the Company has the right to monitor, record, or access any
Communications made via the IT systems, electronic files or paper-based files, or
other uses or applications of the IT systems for compliance with Company policies.
You should have no expectation of privacy when using company IT systems.
This agreement is to be governed and construed by the laws of the Philippines and the
parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of
the Philippines.
19. No Waiver
The failure by the Company at any time to insist on performance of any provision of the
agreement set out in this letter is not a waiver of its right at any later time to insist on
performance of that or any other provision of the agreement set out in this letter.
20. Reference or Background Checks
20.1 The offer of employment and any consequent employment relationship is contingent
upon satisfactory reference and/or background checks as well as verification of your
employment and salary history. Subject to applicable law, any false information
provided by you may be a ground to terminate your employment with no
compensation to you.
20.2 By signing this document, You likewise authorize the company to verify and check in
your behalf, with the Registrar of your schools any and all information pertinent to
your educational background and information.
21. Severability
The Company and you mutually agree that the provisions of this Contract are severable,
and if any one provision is found to be unenforceable in whole or in part, the remainder of
the agreement will remain valid and enforceable. The Company and you further agree
that the court should modify any provision to make it enforceable.
The Company will have the right to assign this Contract and all covenants and agreements
herein will inure to the benefit of and be enforceable by such successors and assigns. This
Contract is personal to you and cannot be assigned by you in whole or in part.
23.1 This Contract may only be altered in writing signed by each party. The Company
reserves the right, in the event of there being any variance in any terms and
conditions of employment or in such policies and direction that may be circulated
and communicated to you, to construe such variance in the manner that best
reconciles such difference having regard to the objectives and purpose of your
employment under this agreement. The Company's construction and reconciliation
of such variance will be final.
23.2 Any variation to this Contract must be in writing and agreed by both parties. The
exercise of any right or discretion by the Company under the agreement set out in
this Contract or in connection with your employment is in its absolute discretion and
is not subject to any implied restrictions (including any implied term of mutual trust
and confidence).
You agree that during your employment with the Company, you will comply with the
Company's policies and procedures in place from time to time. These policies and
procedures apply to you and the Company may adopt, vary or rescind these policies from
time to time in its absolute discretion and without any limitation (implied or otherwise) on
its ability to do so. You further agree that it is incumbent upon you to make yourself aware
of any and all Company policies, rules and regulations, whether printed, posted, available
electronically or in any other form of communication.
25. Entire Agreement
25.1 This Contract and the Confidentiality and Intellectual Property Agreement set out the
entire agreement and understanding between the Company and you relating to your
employment and merge all prior discussions between the parties, including but not
limited to any and all statements made by any officer, employee or representative of
any member of the Sutherland Global Services Philippines, Inc. regarding any
member of the Sutherland’s financial condition or future prospects.
25.2 You understand and acknowledge that, except as set out in this Contract and in the
Confidentiality and Intellectual Property Agreement, (i) no other representation or inducement has
been made to you, (ii) you have relied on your own judgment and investigation in accepting your
employment, and (iii) you have not relied on any representation or inducement made by any officer,
employee or representative of any member of the Sutherland Global Services, Inc..
26. Miscellaneous
Headings are for ease of reference only and do not affect the meaning of the agreement
set out in this letter. Unless expressly indicated otherwise, references to monetary
amounts are references to an amount expressed in the currency of the Philippines.
To accept the Company's offer, please sign this Contract and return it to Human Resources by 02
July 2021. If this Contract is not signed and returned by you by 02 March 2021, signifying your
acceptance of this offer, this offer of employment will lapse.
Respectfully yours,
________Annabie Bolante________
HR-Director/ Marketing Manager
I hereby acknowledge the receipt of this employment letter and agree without qualifications or
reservations to all the terms and conditions stated therein.
_________________________ ___________________________
Signature over printed name Date