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Memorandum of Agreement BOSH Training

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MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENT:

This Agreement is made and entered into this __________________


in Butuan City, Philippines, by and between:

____________________________, appointed as
______(position)_____ in RFB Construction, of legal age, Filipino, and a
resident of _______________, hereinafter after referred to as “Employee”;

- and -

RFB Construction Corporation, a corporation duly organized and


existing under and by virtue of the laws of the Republic of the Philippines
with main office address at Purok 1-A, Bacolod St., Brgy. Upper Doongan,
Butuan, City represented herein by its Vice President – Operations, COO,
ENGR. RODUARD MICHAEL C. BUSTILLO, duly authorized for this
purpose hereinafter referred to as the “Employer”;

WITNESSETH that:

WHEREAS, the Employee is employed in RFB Construction


Corporation, the Employer, and appointed as ______(position)_____;

WHEREAS, the Employee registered in the “BASIC


OCCUPATIONAL SAFETY AND HEALTH” (BOSH) SEMINAR –
ONLINE, 40 hours (DOLE-BWC-Prescribed Training Course) provided by
PEME Consultancy Inc., from February 14 to 18, 2022 at the expense of the
Employer for purposes of the furtherance of his career;

WHEREAS, while under Section 16 of the Employee’s Handbook on


Benefits and Incentives, the employee may be granted educational loans
should the employee pursues short TESDA courses or trainings necessary
for his/her career advancement, there are no provisions involving the return
of service agreements with respect to other courses or trainings; and

WHEREAS, due to the lack of company policy involving the grant of


educational loans for courses or trainings other than short TESDA courses or
trainings, the parties mutually and voluntarily agree to enter into this
agreement to fix the return of service policy for the Employee who is
registered under the “BASIC OCCUPATIONAL SAFETY AND HEALTH”
(BOSH) SEMINAR – ONLINE, 40 hrs (DOLE-BWC-Prescribed Training
Course), hereinafter referred as the “BOSH SEMINAR,” provided by PEME
Consultancy Inc.;

NOW THEREFORE, premises considered, the above parties do


hereby mutually bind themselves and commit to this return of service
agreement and agree on the following terms and conditions:

Article I
Obligation of the Employer

1. To provide for the necessary costs and expenses for the


registration of the Employee in the BOSH SEMINAR conducted
from February 14 to 18, 2022;

2. To monitor the satisfaction and compliance of the Employee to


the course or training requirements of the BOSH SEMINAR.

Article II
Obligation of the Employee

1. To fully satisfy and complete the necessary course and training


requirements for the BOSH SEMINAR provided by PEME
Consultancy Inc., conducted from February 14 to 18, 2022;

2. To apply the knowledge and skillset acquired from the BOSH


SEMINAR in the conduct of the business and operations of the
Employer;

3. The employee shall render a return of service equivalent to two


(2) years for the training that the he/she had received which must
be completed within the said period from the end of the of the
training; and

4. The return of service shall be rendered only with the Employer or


any of its subsidiary corporations;
Article III
Breach of Contract by the Employee

1. In the event that the Employee resigns without completing the two
(2) years return of service agreed in this contract, he/she shall
refund fully the amount of the training equivalent to SIX
THOUSAND FIVE HUNDRED PESOS (Php 6,500.00) within
thirty (30) days immediately preceding the date of his/her
resignation.

2. The amount to be refunded by the Employee shall not be prorated


and deducted with respect to the number of days/years already
served.

3. In case of the willful refusal of the Employee to refund the


respective amount upon resignation, it shall constitute as a lien on
his salary on the last month of his service and shall be
automatically deducted therefrom before his severance from
service.

Article IV
Effect of Administrative Sanctions or Termination of the Employee

1. The moment the Employee was subjected to administrative


sanctions, such as suspensions, prior to completing the two (2)
year period return of service, the running of the said period shall
be suspended, and shall only commence to run from the time the
administrative sanction is lifted.

2. In case the Employee was terminated for just cause, it shall be


deemed that he/she resigned from his/her position for purposes of
this contract. He shall be subsequently liable for the foregoing
obligations found under Article III.

Article V
Separability Clause

1. In case any one or more of the provisions contained in this Agreement


will be declared invalid, illegal or unenforceable, the validity, legality
or enforceability of the remaining provisions contained herein, insofar
as still consistent with the declared purposes of the parties, shall not in
any way be affected or impaired thereby.

Article VI
Venue of Actions

1. Exclusive jurisdiction over and venue of suits arising from this


Agreement shall be with the proper courts of the City of Butuan to the
exclusion of other courts or tribunals.

IN WITNESS WHEREOF, the parties have signed this Agreement at


_________________, Philippines, this _______ day of ___________ 2022.

______________________________ ENGR. RODUARD MICHAEL C. BUSTILLO


Employee VP-Operations/COO,
RFB Construction Corporation

Signed in the Presence of:

___________________________ ___________________________

ACKNOWLEDGMENT

Republic of the Philippines )


CITY OF BUTUAN……………) S.S
X--------------------------------------/

BEFORE ME, a Notary Public for and in the City of Butuan this
_____________ personally appeared the following:

COMPETENT EVIDENCE OF
NAME
IDENTITY

(Employee)
Engr. Roduard Michael C. Bustillo

Who presented/exhibited to me competent evidence of identity as


written opposite his name and after carefully examining the same, I hereby
attest that he is known to me and to me known to be the same person who
executed the foregoing instrument and acknowledged to me that such is of
their own free will and voluntary act and deed.

WITNESS MY HAND AND SEAL.

Doc. No.:_____;
Page No.:_____;
Book No.:_____;
Series of 2022.

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