Republic of the Philippines )

Province of Cagayan )s.s.

Tuguegarao City )

EMPLOYMENT CONTRACT

This Contract of Employment is entered into this ___ day of ____,

2022, by and between:

THE PARTIES

_______________, of legal age, Filipino, single, with residence at

____________________________, herein referred to as the “EMPLOYER”;

-and-

_______________, of legal age, Filipino, single, with residence at

____________________________, herein referred to as the “EMPLOYEE”;

WITNESSETH THAT:

The EMPLOYER is the owner of ___________________ located at

____________________; and

The EMPLOYEE has represented himself/herself to the EMPLOYER to

be qualified for the position indicated below and desires to be employed by
the EMPLOYER during the term of employment and under the terms and
conditions of this contract.

NOW, THEREFORE, for and in consideration of the foregoing

premises, the parties hereby agree as follows:

1. JOB TITLE AND DESCRIPTION

The EMPLOYEE is hereby hired for the position of __________. And as a

________, the EMPLOYEE is expected to perform the following functions:

i.

2. COMPENSATION AND OTHER BENEFITS

The EMPLOYEE will be paid in the basic daily wage of

______________(PHP, 000000).

pg. 1
The employee shall be paid in cash every 15th and 30th day of the month,
and shall be deducted therein the EMPLOYEE’s Social Security, Philhealth
and PAG-IBIG contributions and other mandatory contributions as required
by law.

The amount of the above contribution shall be divided equally between the
EMPLOYER and EMPLOYEE.

WORK DAY: work day of the EMPLOYEE shall be eight (8) hours which
shall commence at 8:00 AM until 5:00 PM of the same day. Any work in
excess of the 8-hour work period shall entitle the EMPLOYEE for an
overtime pay.

i. The parties herein adhere to the principle of “No work, No Pay”.

ii. WEEKLY REST DAY: the EMPLOYEE shall be entitled to a rest

period of not less than twenty-four (24) consecutive hours after
every six (6) consecutive normal work days.

The EMPLOYER shall determine and schedule the weekly rest day
of the EMPLOYEE and shall take into consideration of the latter’s
preference.

iii. COMPULSORY WORK ON REST DAY: the EMPLOYER may

compel the EMPLOYEE to render work on scheduled rest day in
case of:

a. Actual or impending emergencies caused by serious

epidemic, disaster or calamity to prevent loss of life or
property;

b. Urgent work to be performed on the stocks, machinery,

installation, equipment to avoid serious loss which the
EMPLOYER would otherwise suffer;

c. Abnormal pressure of work due to special circumstances,

where the EMPLOYER cannot ordinarily be expected to
resort to other measures;

d. To prevent loss and damage of goods/stocks;

pg. 2
e. Where the nature of the circumstance requires continuous
operations and the stoppage of work may result in
irreparable injury or loss to the EMPLOYER;

f. Other circumstances analogous or similar to the foregoing;

iv. COMPENSATION FOR REST DAY OR HOLIDAY: The

EMPLOYEE shall be entitled to rest day premium or additional
compensation of at least 50% of his/her regular/basic pay.

The EMPLOYEE shall also be entitled to special non-working

holiday premium pay of 30% of the regular/basic pay. However,
the EMPLOYEE shall not be entitled to any premium pay for
special working holiday. (Ninoy Aquino day, All saints Day, Last
day of the Year and such other as the government may declare)

The EMPLOYEE may also be entitled to regular holiday premium

pay of 100% of the regular/basic pay.

v. NIGHT SHIFT DIFFERENTIAL: EMPLOYEE shall also be entitled

to night shift differential equivalent to 10% of his regular wage for
each hour of work performed between 10:00 in the evening until
6:00 in the morning.

vi. LATES: Lates incurred by the EMPLOYEE shall be deducted in

his/her salary which shall be computed as follows:

For hour/s: deduction shall be equivalent to hourly rates which is

daily rate divided by 8 hours multiplied by the total number of
hours lates.

For minute/s: deduction shall be equivalent to hourly rate divided

by 60(minutes) multiplied by the total number of minutes lates.

vii. ABSENCES: Absences incurred by the EMPLOYEE shall be

deducted in his/her salary in consonance to the principle of “no
work, no pay”.

viii. UNDERTIME: The EMPLOYEE shall inform the EMPLOYER

his/her intention to apply for an undertime an hour before the
desired time, subject to the approval of the EMPLOYER. The total
number of hours/minutes of undertime shall be deducted in the
EMPLOYEE’s salary.

pg. 3
ix. MEALTIME: The EMPLOYEE entitled to one (1) hour of meal time
which shall start at 12:00 PM to 1:00 PM, without prejudice to any
agreement between the parties to adjust the time of meals in case
of emergencies and other circumstances requiring the
adjustments.

The EMPLOYEE may also waive the meal time for an early time
out or for an overtime pay, subject to the approval of the
EMPLOYER.

x. OVERTIME PAY: the EMPLOYEE is entitled to an overtime pay

equivalent to 30% of the daily wage. However, the EMPLOYEE
may not be compelled to render overtime work except those
enumerated hereunder.

xi. COMPULSORY OVERTIME WORK: the EMPLOYER may compel

the EMPLOYEE to render overtime work with corresponding
overtime pay, in the following cases:

a. When it is necessary to prevent loss of life and property or in

case of imminent danger due to an actual or impending
emergency in the locality where the business is located
caused by serious accidents, fire, flood, typhoon,
earthquake, epidemic, and other disaster or calamity;

b. When there is urgent work to be performed on the stocks,

machines, installations and equipment, in order to avoid
serious loss or damage to the employer or some other cause
of similar nature;

c. To prevent serious obstruction or prejudice to the business

or operations of the EMPLOYER;

xii. PATERNITY, MATERNITY LEAVES AND OTHER LEAVES: the

EMPLOYEE shall also be entitled to paternity and maternity leaves
subject to the conditions as set forth by law.

xiii. PAYSLIP: The EMPLOYER shall issue the EMPLOYEE a payslip

containing his/her netpay, computed by deducting the agreed
upon deductions and allowed deductions to his basic pay.

The following benefits is without prejudice to any other

benefits which the EMPLOYER may grant from time to time.

pg. 4
3. CONDUCT OF DISCIPLINE

All existing as well as future rules and regulations, requirements and policies
issued by the EMPLOYER are hereby deemed incorporated with this
Contract. The EMPLOYEE recognizes that by signing this Contract, s/he
shall be bound by all such rules and regulations, requirements and policies
that EMPLOYER may issue from time to time.

4. DISCIPLINARY MEASURES

Upon signing this Contract, EMPLOYEE hereby recognizes the right of

EMPLOYER to impose disciplinary measure, actions or sanctions which may
include, but are not limited to, termination of employment, suspensions,
finds, salary deductions, withdrawal of benefits, loss of privileges, for any
and all infraction, act or omission, irrespective of whether such infraction,
act or omission constitutes a ground for termination or suspension.

5. BUSINESS CODE OF CONDUCT

Upon signing this Contract, the EMPLOYEE agrees to terminate all other
business relationships or concerns that s/he may be personally involved
with, particularly those in connection with the industry to which the
EMPLOYER is currently engaged.

6. OTHER SALARY DEDUCTIONS

In case of destruction of any machinery, installation, stocks, goods or

equipment through the fault of the EMPLOYEE, the latter agrees and
consents to the deduction equivalent to the value of such machinery,
installation, stocks, goods or equipment provided that the EMPLOYER shall
give the EMPLOYEE of such notice of deduction containing therein the
nature and value of such machinery, installation, stocks, goods or
equipment; provided further, that the EMPLOYER shall allow the
EMPLOYEE to explain his side for having caused such destruction; provided
further, that the EMPLOYER shall present a reasonable valuation of the
machinery, installation, stocks, goods or equipment and that the fault of the
EMPLOYEE is clearly established by the EMPLOYER.

That 20% of the value of machinery, installation, stocks, goods or

equipment as determined by the EMPLOYER in abovesaid notice, shall be
deducted in the monthly wage of the EMPLOYEE until fully paid.

pg. 5
In case the EMPLOYEE has or is terminated during the period for this
deduction, the EMPLOYER may deduct the remaining balance to the last
salary due to the EMPLOYEE.

7. GROUNDS FOR TERMINATION OF EMPLOYMENT

Aside from the just and authorized causes for termination of employment
enumerated under the Labor Code of the Philippines, as amended, the
following acts and/or omissions of the EMPLOYEE shall, without limitation,
similarly constitute just and authorized grounds for the termination of
employment by EMPLOYER and/or grounds for the EMPLOYER to impose
disciplinary measure on the EMPLOYEE.

i. Three consecutive absences or repeated absences equivalent to

___ days in a month.

ii. Recurring lates of at least ___ times within a month regardless of

the total number of hours/minutes lates.

iii. Intentional and unintentional violations of policies, requirements,

rules and regulations of the EMPLOYER;

iv. Commission of act which causes loss of confidence on the aprt of

the EMPLOYER with regard to the EMPLOYEE’s ability to
satisfactorily perform the duties and requirements of her/his
employment;

v. Serious misuse or abuse of the Employer’s property, facilities

and/or resources;

vi. Commission of an act which may constitute a crime or offense

against the Employer and his immediate members of family;

vii. Intentional or unintentional disregard of the disciplinary measures

or sanctions imposed by the Employer;

viii. Directly or indirectly participating, engaging and/or entering into

personal business arrangement involving products and/or services
of Employer or products and/or services of the competitors of the
Employer;

ix. Intentional or unintentional violation or breach of confidentiality of

information belonging to the Employer;

pg. 6
x. Other similar acts, omissions, and/or event

This Contract may be terminated by the EMPLOYER for any of the foregoing
grounds by serving the EMPLOYEE concerned a notice of its intention to
terminate her/his employment and the particular acts or omission
constituting the ground for his/her dismissal. The EMPLOYEE may answer
the charges against her/him within seventy-two (72) hours from receipt of
such notice.

If the regular EMPLOYEE refuses to acknowledge receipt of the notice,

service on the said regular Employee is completed by giving her/him a copy
of the notice and stating that s/he refused to receive the notice when
served.

The EMPLOYER shall afford the regular Employee a hearing or conference

where said EMPLOYEE may defend herself/himself. After giving the
EMPLOYEE an opportunity to be heard and defend himself/herself,
EMPLOYER shall serve EMPLOYEE a notice of its decision to terminate
her/his employment.

In the event that the EMPLOYEE wishes to terminate this Contract for any
reason, s/he must give thirty (30) days written notice to the EMPLOYER
prior to the effective date of termination.
Upon termination of this Employment, the EMPLOYEE shall promptly
account for, return, and deliver to the EMPLOYER all business property that
may have been assigned or entrusted to her/his care or custody.

Should the EMPLOYEE have unpaid or pending obligations to the

EMPLOYER, monetary or otherwise, upon termination of employment for
any reason or cause, the EMPLOYEE hereby expressly agrees and
authorizes the EMPLOYER to make necessary deductions from the salary,
bonuses, or other benefits that may be due to the EMPLOYEE to effect
settlement or payment of her/his unpaid or pending obligations. This is
without prejudice to the right of the EMPLOYER to effect settlement or
payment of the obligations of the EMPLOYEE through other legal means and
remedies should the due salary, bonuses or benefits of the be insufficient to
cover her/his unpaid or pending obligations.

8. CONFIDENTIALITY AND NON-DISCLOSURE CLAUSE

It is the responsibility of the EMPLOYEE to ensure that no information

gained by virtue of her/his employment with the EMPLOYER is disclosed to
outsiders even if necessary for business purposes except by consent of the
EMPLOYER.

pg. 7
Upon termination and during the term of this Contract, the EMPLOYEE
undertakes that no information pertaining to the business of the EMPLOYER
his suppliers, business plans, operations and other matters relating to such
business will be disclosed by EMPLOYEE to any other persons, whether or
not engaged in the same industry as that of the EMPLOYER.

Violation of this Non-disclosure agreement during and after the term of this
contract may be considered a just cause for the termination of the
EMPLOYEE, without prejudiced to whatever damages which the EMPLOYER
may suffer as a consequence of such violation.

Damages shall include actual and moral damages, attorney’s fees and other
expenses of litigation which the EMPLOYER may sustain by reason of such
disclosure.

9. RESTRICTIVE COVENANT

During the term of this Contract, the EMPLOYEE shall devote her/his best
efforts and her/his full/entire time to advance the interests of the
EMPLOYER, and s/he shall not, directly or indirectly be engaged in or be
concerned with any other commercial duties or pursuits whatsoever
especially those that are in conflict or in competition with the business of the
EMPLOYER.

10. ENTIRE AGREEMENT

This Contract represents the entire agreement between the EMPLOYER and
the EMPLOYEE and supersedes all previous verbal or written
communications, representations or agreements between the Parties.

11. LIQUIDATED DAMAGES CLAUSE

In case of a breach of any of the undertakings set forth in this Contract, the
EMPLOYEE shall owe to the EMPLOYER, without any summons nor notice
of default nor court decree being required, liquidated damages equal to the
total remuneration paid by the EMPLOYER to the EMPLOYEE during the
last preceding month of the EMPLOYEE’s employment with the EMPLOYER,
plus attorney’s fees, costs of suit/litigation, all fees for legal counsel and any
other related expenses, and without prejudice to the right of EMPLOYER to
prove a higher damage/s, and to obtain the cessation of the damage and
compensation by any other legal means and remedies.

pg. 8
IN WITNESS WHEREOF, I have hereunto affixed my signature this
___________ at Tuguegarao City, Cagayan.

__________________ __________________
Employer Employee

SIGNED IN THE PRESENCE OF

__________________ __________________

ACKNOWLEDGMENT

Republic of the Philippines )

Province of Cagayan )s.s.
Tuguegarao City )

BEFORE ME, a Notary Public for and in the above jurisdiction,

personally appeared:

Name ID Number Date/Place Issued

Known to me and to me known to be the same persons who executed the

foregoing instrument and acknowledged to me that the same is their free
and voluntary act and deed.

This instrument consisting of NINE (9) pages, including the page on which
this acknowledgement is written, has been signed on each and every page
thereof by the concerned parties and their witnesses, and sealed with my
notarial seal.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

___________ at Tuguegarao City, Cagayan.

pg. 9
Doc. No. _____;
Page No. _____;
Book No. _____;
Series of 2022.

pg. 10