SAMPLE FORM OF EMPLOYMENT CONTRACT
CONTRACT OF EMPLOYMENT
KNOW ALL MEN BY THESE PRESENTS:
This Contract of Employment is executed this ______________ at __________________ this ____insert date_____ by and between:
ABC INC. a corporation duly organized and existing in accordance with laws of the Republic of the Philippines, with principal office at _____________________, represented in this act by its President, ______(state name)_______, hereinafter referred to as the EMPLOYER;
-and-
______(state name of employee)_____, of legal age, Filipino and a resident of ____(state address)____, herein referred to as the EMPLOYEE.
WITNESSETH: THAT –
WHEREAS, the Employer is engaged in ________state nature of business (e.g. business process outsourcing or BPO);
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:
- APPOINTMENT
Employee is hereby appointed as ____ state position (e.g. DATA COLLECTION AGENT) under probationary status for a period of six (6) months reckoned from the first day of actual work.
- COMPENSATION:
Employee will receive a gross basic monthly rate of PHP__________________, 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.
- REGULARIZATION OF EMPLOYMENT
By 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;
- VACATION AND SICK LEAVE 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.
- 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.
- PLACE OF WORK
Employee’s primary place of work will be _____state place_____, Philippines. 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.
- HOURS OF WORK
Employee shall render a minimum of eight (8) hours of work per day and report for work at least five (5) 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.
- OVERTIME WORK
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.
- 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.
- 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 engaged in a business similar to that of the Employer nor establish or set up a business offering similar services for a period of one (1) year from date of separation or termination unless with the consent of the Employer.
- 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.
- NON-DISCLOSURE AND CONFIDENTIALITY
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.
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.
13. 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.
14. 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 of the following grounds, inter alia:
- 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.
15. ACCEPTANCE OF TERMS AND CONDITIONS OF EMPLOYMENT
Employee’s affixing of his signature on the herein Employment contract means that:
- Employee has read and fully understood the terms and conditions hereof and accepts the same;
- 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.
ABC INC. ______________________
Employer Employee
By:
________________________
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:
NAME | TYPE OF ID. | NUMBER | DATE AND PLACE OF ISSUANCE/EXPIRY DATE. |
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.
WITHNESS MY HAND AND SEAL at the place and on the date first-above written.
Doc. No. _______;
Page No. _______;
Book No. ______;
Series of _______.
Good day Atty! Respectfully asking for permission to use this sample template for employment contract!
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Can I use the template gor my company. TIA.
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thankyou po sobra. Godbless po
Hi! Attorney. Good morning! ito pong contract na to na may notary, usually ilan po ba years ang effectiviity nito from the date of notary, salamat po
Butch, advisable for the contract to be notarized. It will remain effective until the relationship of employer and employee ends.;
Hi Attorney! Just want to ask your permission if I could use your template?
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Seeking for your permission to use this template for our MSME.
Thank you.
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Warm greetings Atty. Bulao, asking permission to use this template.
Thank you so much
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Hi Atty, I came across this website and would like to ask if you have a sample contract for part-timers? I would appreciate it. Thanks.
Celeste, I will draft one. Will revert back.
Hi, Atty. Jose! Does an employment contract (or any contract) with multiple pages have to be signed/initialed by the parties on every page before the last page? Thank you.
Gracia, it is advisable that all pages be signed.
Thank you so much, Atty. Jose.
You are welcome po.
Good afternoon, sir. Can I use this format? Thank you very much and God bless
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Permission to use sample contract you posted? Thanks
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Asking permission to use this template. Thank you
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Good day atty., is it still valid to issue an employment contract for formality even if they are working for years with us already? Thank you in advance.
Joanne, yes. But instead of “Executed on 01 June 2020” write “Entered into on 01 June 2020”.
Good day, Atty. May I ask for your permission to use this template? Thank you and God bless you
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Hi Atty! may I use this template for the incoming staff in our clinic?
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Good day Atty! Asking permission to use your template for my small business. Actually, I only have 1 employee and I want to make a contract for formality. Thanks in advance! God bless! 🙂
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Good day Atty. Bulao!
I would like to inform you that I’ll be using your sample contract for our school paper work as a reference. Thank you in advance sir!
Mikegrant, you are welcome.
Can I also use your sample contract, Atty?
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Richard, go ahead. Use the sample employment contract.
Hi Atty.,
Do you have a sample contract of employment for truck drivers and truck helpers.
Thanks and best regards.
Tito, I will revert back to you.
Tito, please text me your email address. I will send a reply to your email address, particularly the things you need to include in your employment contract with drivers. My email address is attybulao@gmail.com.
Dear Atty.:
Can I also request a copy of the employment contract for truck drivers? Thank you
Ethelinda, my email address is attybulao@gmail.com.
Hi Atty,
What contract should I use for drivers whom we plan to hire on a per trip basis. Would you have a sample template? Hope I could get a reply from you soon. Thank you very much!
Jess, I will get back to you again.
Hello, do you have a contract for contractual employment? Thank you
Dear Chabelita,
Technically, there is no contractual employment in private sector. In government there is.
Close to contractual employment is project employment where work tenure is co-terminus with the project. In sum, employment contract in the private sector is either probationary, then permanent or project employment contract.
Good day, Attorney Bulao. I would like to ask for permission to use this employment contract for our company? Thank you
Jea, go ahead po. Use the form.
Good day Atty. Do you have a sample draft of employment contract for non resident alien? Badly needed for my performance task in school. I haven’t found one in google.
I will look at my previous files an employment of foreigner with 9g or pre-arranged employment visa. Kindly send your email address to attybulao@gmail.com.
Sir, Do you also have a sample form for regular employee? Thank you Atty!
Kar, I suggest just delete the provisions pertinent to probationary employee.
Good day atty! Can i ask for your permission to use this template? Thank you!
Adrian, I can prepare one for you.
Dear Atty., I will be using this format for reference. Thank you!
Hello Atty. Bulao,
May I use this employment contract template for our company?
Thank you and God bless.
Do all employment contracts need to be notarized?
Zaku, preferably. But unnotarized contract can be valid and effective. But a notarized contract carries the presumption that it was freely executed.
Thank you for your generosity, Atty. Bulao. Keep shining! Big help po yung template.
Hello Atty.. May I use your sample format of Employment Contract?
Hi Atty.Can I use this format? thanks!
Ricky, you can use such format and improve on it.
Good day Sir. Respectfully asking permission to use this form Sir as reference. Hoping for your kind approval. Thank you and God bless.
Merry, you may use the form and improve on it. God bless also.
Hi atty, can we use this sample contract? Thank you and God bless!
Dear Shi,
Yes, you can use such sample contract and improve on it.
Hi, Atty.! May I ask for your permission in using this sample contract. Thank you and God bless.
Jane, you may use the employment contract form. There are other similar forms that you might want to explore.
Thank you for letting us use this sample contract sir! God may bless you in ten folds.
God bless you too.
Thank you po Atty.!
You are welcome.
Hi! I’m a virtual assistant. I work from home and the client that I work for is a registered company in the UK. My client wants to use a contract based on Philippine labor law because he wants us to have the same benefits and rights like working in a regular company in the Philippines. We are happy about this because we get 13th month pay etc. Can I use this contract? Will it still be valid or legally binding if we notarize it here in the Philippines?
Cy, yes you can use any contract form usually used here even though the registered company is in UK entitling you to benefits under Philippine Law. Since the employment is here, the basic legal requirements such as minimum wage, holiday pay, overtime pay etc must be followed.
Hi Atty. Bulao,
Sir, with your permission can we use this sample Contract?
Thank you. God bless.
Roy, yes.
Hello Sir, Can I use this document? Thank you and God Bless.
Jocelyn, yes.
Jocelyn, Ok.
Hi Atty,. just wondering if we can use the above contract for a foreigner who wish to work here in the Philippines?
No. Different contract would be appropriate. Get in touch with a BI-Accredited agent. He has the template.
May we know if you also have a sample form for regular employee. Thanks.
Ignacio, I will look for a sample form for regular employment and send to you soonest.
Hi Sir. Thank you for this helpful template. May I ask why some companies have two separate contracts, one for probationary employees and one upon regularization. Is it much better this way or the all in one as you did above.
It can be either. Probably if you are not sure of hiring a regular employee, a separate probationary contract might be preferred.
Hello Sir, Can I use this document? Thank you
sure, you can use the sample form of employment contract.
Hi Sir, can I use this in our company?
August 23, 2016
Just an insight under the Philippines Employment Laws, since I used to worked in top corporations/banks (top 5) and as far as I know regular employees cannot be terminated for any minor reasons except on any civil and criminal related cases that would hamper/jeopardize the company’s image.
Dear Ana,
You are right. They can only be terminated for legal causes (gross and habitual neglect of duty, etc) or for authorized cases (retrenchment, redundancy, etc). Many employers use the last legal cause: other analogous causes. Example: Insubordination (analogous to failure to obey lawful orders of superiours) fall under this.
Ana, you may need legal forms. I have a new website with forms. It is jabbforms.com. Open the website and search for forms – affidavit of loss, deed of sale of motor vehicle, contract of lease, etc.
What is your work? Where is your province?
Ana, you may need legal forms. I have a new website with forms. It is jabbforms.com. Open the website and search for forms – affidavit of loss, deed of sale of motor vehicle, contract of lease, etc.
What is your work? Where is your province?
Atty, can i ask for your permission to use your template? Thank you in advance atty!
Adrian, you may use the template.