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CONTRACTUAL EMPLOYMENT AGREEMENT - Template

This 3 sentence summary provides the key details from the contractual employment agreement: The agreement is between an employer corporation and an employee, and outlines the terms of employment such as job position, period of employment, compensation, benefits, duties, confidentiality requirements, and terms for termination. Key details include the employee's job title and duties, monthly compensation amount, applicable tax deductions, compliance with company policies and rules, and requirements for resignation or termination of the agreement.

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Bon Hart
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30K views4 pages

CONTRACTUAL EMPLOYMENT AGREEMENT - Template

This 3 sentence summary provides the key details from the contractual employment agreement: The agreement is between an employer corporation and an employee, and outlines the terms of employment such as job position, period of employment, compensation, benefits, duties, confidentiality requirements, and terms for termination. Key details include the employee's job title and duties, monthly compensation amount, applicable tax deductions, compliance with company policies and rules, and requirements for resignation or termination of the agreement.

Uploaded by

Bon Hart
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 4

CONTRACTUAL EMPLOYMENT AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Agreement made and entered this by and between:

___________________, a corporation duly organized and existing under


the laws of the Republic of the Philippines, with principal office address at
__________________, represented herein by its ___________,
______________________, hereinafter referred to as the “EMPLOYER”;

- and -

______________ of legal age, Filipino and with residence address at


_____________, hereinafter referred to as the “EMPLOYEE”;

WITNESSETH:

WHEREAS, the EMPLOYER has been engaged to


_____________________________________________ (the “Project”);

WHEREAS, the EMPLOYEE believes in the objectives of the Project and


declares that he is competent and qualified to render services to the Project;

WHEREAS, the EMPLOYEE is willing to be employed by the EMPLOYER, and


the EMPLOYER is, willing to employ the EMPLOYEE, on a CONTRACTUAL BASIS,
under the terms, covenants and conditions hereinafter set forth;

NOW, THEREFORE, the PARTIES hereto agree as follows:

Article I
POSITION AND JOB DESCRIPTION

1.1. The EMPLOYER engages, hires and employs the EMPLOYEE as


_____________. As such, the EMPLOYEE shall have the primary functions and duties
enumerated in Annex “A” which is attached hereto and made an integral part hereof.

Article II
PERIOD OF EMPLOYMENT

2.1. Subject to Section 2.2 hereof, the EMPLOYEE’s employment shall be for
a period of ___ (__) [years/months] commencing on __________ until _________
(“Period of Employment”). The EMPLOYER has no obligation to retain or rehire the
EMPLOYEE after the Period of Employment.

2.2. However, the Period of Employment shall terminate earlier should the
EMPLOYEE’s services no longer be needed by the EMPLOYER by reason of a
completion of a phase of the Project, upon three (3) days prior written notice to the
EMPLOYEE.

Article III
COMPENSATION AND DEDUCTIONS

3.1. The EMPLOYEE shall receive, by way of compensation, the sum of

1
_______________ (P__________) monthly. The compensation shall be paid semi-
monthly on the fifteenth day and the last day of each calendar month.

3.2. In addition, the EMPLOYEE shall receive all additional payments,


allowances and benefits required by existing laws. These include the EMPLOYEE’s
thirteenth month pay, which will be pro-rated based on the number of months the
EMPLOYEE is actually employed under this Agreement.

3.3. Applicable withholding taxes, SSS, Philhealth, Pag-ibig, and similar


government-mandated deductions shall be made from the EMPLOYEE’s salary.

Article IV
LEAVE BENEFITS

The EMPLOYEE agrees that as a contractual employee, he/she shall not be


entitled to the following benefits:

(i) Service Incentive Leave (due to the Period of Employment);


(ii) Sick leave, except for duly authorized/approved and reimbursable
sick leave benefits under the SSS and/or Employees
Compensation Commission benefits;
(iii) Parental leave for solo parents (due to the Period of Employment);
(iv) Special leave for women (due to the Period of Employment).

Article V
RULES AND REGULATIONS

The EMPLOYEE agrees to comply faithfully and honestly with the Employee
Manual, rules, regulations and policies of the EMPLOYER made known at the
commencement of his/her employment or which thereafter be promulgated. The
EMPLOYER shall have the duty to disclose to the EMPLOYEE pertinent rules and
regulation, which shall be the duty of the EMPLOYEE to study and know.

Article VI
UNDERTAKING

The EMPLOYEE undertakes, at all times, to faithfully, diligently and efficiently


and to the best of his ability, experience and talent, perform all the duties that may be
required of him pursuant to the express and explicitly terms of this Agreement.

Article VII
WORKING HOURS

7.1. The EMPLOYEE agrees to abide by the established working hours of the
EMPLOYER. The established working hours shall be eight (8) hours per day excluding
a meal break of one (1) hour, five (5) days a week. Upon the request of the
EMPLOYEE’s supervisor and in accordance with existing laws, the EMPLOYEE agrees
to perform overtime work on any workday, or on Saturdays, Sundays or legal holidays;
provided that the EMPLOYEE shall receive overtime pay. However, overtime will not be
paid unless authorized by the EMPLOYER.

Article VIII
EMPLOYER’ S PREROGATIVES

The EMPLOYEE understands and acknowledges that the EMPLOYER has the
sole prerogative to change the EMPLOYEE’s designation, assignments, working hours,
job responsibilities and such other work related matters to meet or suit the needs and
demands of the EMPLOYER, without loss of seniority rights and without diminution of
salary of the EMPLOYEE.

2
Article IX
EMPLOYMENT

The EMPLOYEE shall not accept any other employment with any firm during the
lifetime of this Agreement without the prior written consent of the EMPLOYER.

Article X
CONFIDENTIALITY

The EMPLOYEE agrees that all records and documents of the EMPLOYER and
all information pertaining to its business or affairs are strictly confidential, and that no
unauthorized disclosure or reproduction of the same will be made by the EMPLOYEE at
any time during or after the EMPLOYEE’s employment with the EMPLOYER.

Article XI
CUSTODY AND SURRENDER OF RECORDS

The EMPLOYEE agrees that all EMPLOYER records, documents and properties
in his custody and control shall be immediately surrendered to the EMPLOYER, upon
request at any time during the period of employment, and immediately at the termination
thereof, whether or not requested.

Article XII
TERMINATION OF AGREEMENT

This Agreement may be terminated by the EMPLOYER for just or authorized causes in
accordance with the EMPLOYER’s policies, rules, regulations, Employee’s Manual, this
Agreement and the provisions of the Labor Code and other laws.

The EMPLOYEE may terminate his/her employment with the EMPLOYER by giving
written notice to his/her immediate superior and the Human Resources Department at
least thirty (30) days prior to the effective date of resignation. Failure on the part of the
EMPLOYEE to submit the required notice would make the EMPLOYEE liable for
damages which the COMPANY may suffer by reason thereof. In addition, the
acceptance of your resignation is subject to the performance of the following acts before
the effective date of resignation:

a. Surrender all properties, whether belonging to the EMPLOYER (e.g.,


nameplate, IDs, access and health cards, keys, etc.) or to those from third
parties entrusted to the EMPLOYER to you by virtue of your position, to the
appropriate departments and/or designated EMPLOYER personnel;
b. Accomplish and secure the requisite approvals for your clearance form; and
c. Undertake a complete, proper and organized turn-over of your documents,
pending work and concerns to the designated EMPLOYER personnel. For
this purpose, kindly coordinate in advance with the appropriate departments
and/or designated EMPLOYER personnel to finalize the date and time.

Article XIII
COMPLETENESS OF AND AMENDMENTS TO
AGREEMENT

The EMPLOYEE expressly agrees and understands that there are no other oral
agreements or understanding between the EMPLOYEE and the EMPLOYER or any of
the latter’s agents or representatives, affecting this Agreement and that no alterations,
or amendments of the terms of this Agreement shall be binding upon either party unless
the same shall be approved by the EMPLOYER and reduced in writing and signed by
the EMPLOYEE and the EMPLOYER.

3
Article XIV
TRANSLATION

The EMPLOYEE confirms that the contents of this Agreement have been
translated to him in Filipino and that he fully understands the same. (Inaamin ng
EMPLEYADO na ang kasunduang ito ay isinalin at ipinaliwanag sa kanya sa wikang
Pilipino at kanyang ipinahahayag na ang lahat ng laman nito ay kanyang naiintindihan
at sinasangayunan.)

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands on
this contract this ___________ at ______________________.

EMPLOYER EMPLOYEE

By:

________________________ ____________________

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