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CONTRACT OF EMPLOYMENT FOR CONTRACTUAL EMPLOYEES

This AGREEMENT, entered into this ____ day of _____ 20__, by


and between:

Employer:
___________________________________________________ a
Philippine-based company with business address at
_______________________________________

and

Employee: _________________________________

Civil Status:_____________________

Valid ID Number:_________________

Date & Place Issued:______________

Address:________________________

Cellphone Number:________________

WITNESSETH THAT:

WHEREAS, the Employee recognizes that the company is involved


in the civil works and construction business on a contract basis or with a
fixed period. Cognizant of this, the Employee wishes to be employed by
the Employer;

WHEREAS, Employee voluntarily entered into this Employment


Agreement while knowing fully well that it has a fixed period and knowing
fully well that the Employer’s various projects are located all over the
Visayas and as such, he may be assigned in any of the projects as may be
contracted in the aforementioned island;

WHEREAS, the Employee acknowledges and agrees that


incorporated in the salary agreed herein as well are the share of the
Employer in their government mandated benefits due to a contractual
employee and that they commit to be their sole responsibility to pay the
Government including the income tax.

NOW, THEREFORE, in consideration of the mutual covenants and


agreements set forth below, it is hereby covenanted and agreed by the
Company and the Employee as follows:

1. Site of Employment:
______________________________________

EMPLOYEE may be temporarily or permanently re-assigned or transferred


to another location, project site or office, as may be necessary or
convenient for the business operations of EMPLOYER. Any re-assignment
or transfer may be effected after a verbal or written notice of the same is
given to the EMPLOYEE, prior to such re-assignment or transfer.

2. Employee’s Specific Work/ Position:


_______________________

A more specific description of EMPLOYEE’s duties and responsibilities will


be outlined by the duly authorized representative of the Company, which
shall form an integral part of this Contract. EMPLOYER has the right to
exercise discretion to appoint EMPLOYEE for another position or to assign
EMPLOYEE additional tasks and responsibilities at any time during the
duration of this Contract.

3. Employee’s Status: Contractual

The Employer hereby employs the Employee on a contractual basis or


with a fixed term, and the Employee hereby voluntarily agrees to serve in
such capacity, for the period beginning on _______________________,
and ending on ______________________, the date on which the
Employee's employment is terminated. It is understood that if this
contract is not renewed, this contract is automatically terminated.

4. Compensation: Rate of _________________ per


_______________

The Employee will be paid every _____ of the week on the rate agreed
upon. The basis of the salary given will be the payroll or daily time record.
The form of payment will be in cash.

5. Non-Competition: During the period of his employment under


this Agreement, EMPLOYEE shall not, directly or indirectly, own, manage,
operate, join, control, be employed by or participate in the ownership,
management, operation or control of, or be connected in any manner with
any business in competition with, directly or indirectly, or similar to the
business of EMPLOYER.
6. Confidentiality: During and after the Employment Period, the
Employee will not divulge or appropriate to his own use or to the use of
others, in competition with the Company, any secret or confidential
information or knowledge pertaining to the business of the Company, or
of any of its subsidiaries, obtained by him in any way while he was
employed by the Company or by any of its subsidiaries.

Breach of EMPLOYEE of these obligations shall entitle EMPLOYER to


damages to compensate EMPLOYER for the injury resulting from such
breach. Such sum is compensation for injuries and damages suffered by
EMPLOYER, and not a penalty.

7. Company Rules and Policies: The employee shall observe


EMPLOYER’S Company Rules and Policies. All existing as well as future
rules and regulations issued by EMPLOYER are hereby deemed
incorporated in this Contract.

8. AMENDMENT

This Agreement may be amended only by a writing signed by Employee


and by a duly authorized representative of the Employer.

9. SEVERABILITY

If any term, provision, covenant or condition of this Agreement, or the


application thereof to any person, place or circumstance, shall be held to
be invalid, unenforceable or void, the remainder of this Agreement and
such term, provision, covenant or condition as applied to other persons,
places and circumstances shall remain in full force and effect.

10. SOLICITATION

The Employee further agrees that during the term of this Agreement and
following the termination of this Agreement, whether the termination shall
be voluntary or involuntary, or with or without cause, or whether the
termination is solely due to the expiration of the term of this Agreement,
the Employee will not, in any manner or at any time, solicit or encourage
any person, firm, Company or other business entity who are clients,
business associates or referral sources of the Company to cease doing
business with the Company or to do business with the Employee.

11. INDEMNIFICATION

The Employee hereby agrees to indemnify and hold the Employer and its
officers, directors, shareholders, and executives harmless from and
against any loss, claim, damage or expense, and/or all cost of prosecution
or defense of their rights hereunder, whether in judicial proceedings,
including appellate proceedings, or whether out of court, including without
limiting the generality of the foregoing attorney’s fees and all costs and
expenses of litigation, arising from or growing out of the Employee’s
breach or threatened breach of any covenant contained herein.

12. SURVIVAL OF COVENANTS

All restrictive covenants contained in this Agreement shall survive the


termination of this Agreement.

13. INVALID PROVISION; SEVERABILITY

The invalidity or unenforceability of a particular provision of this


Agreement shall not affect the other provisions hereof, and the
Agreement shall be construed in all respects as if such invalid or
unenforceable provisions were omitted.

14. MODIFICATION

No change or modification of this Agreement shall be valid unless the


same be in writing and signed by the parties hereto.

15. GOVERNING LAW

This is agreement is governed by the laws of the Republic of the


Philippines.

16. ENTIRE AGREEMENT

This Agreement contains the entire agreement and supersedes all prior
agreements and understandings, oral or written, with respect to the
subject matter hereof. This Agreement may be changed only by an
agreement in writing signed by the party against whom any waiver,
change, amendment, modification, or discharge is sought.

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