CONTRACT OF PROBATIONARY EMPLOYMENT

KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT OF PROBATIONAY EMPLOYMENT entered into this 2nd day

of January 2023, by and between:

KDE MEALS ENTERPRISES INC., a corporation duly organized under and by

virtue of the laws of the Republic of the Philippines, with principal address at
UNIT 3 LOT 6 BLOCK 168., REGALADO AVE., BRGY NORTH FAIRIVEW, Quezon
City, represented herein by its President, Christian Ezekiel C. Rebolledo,
hereinafter referred to as “EMPLOYER”;

-and-

DESIREE INANOD TANON, of legal age, single, with residential address at

B30 L3 Bougainvillea St. Maligaya Park Subdivision Novaliches Quezon
City hereinafter referred to as “EMPLOYEE”.

WITNESSETH: That

WHEREAS, the EMPLOYER is in need of an employee with competence in the

area subject to the position mentioned hereunder;

WHEREAS, the PROBATIONARY EMPLOYEE seeks employment, applied for

and expressed willingness to join the EMPLOYER as its permanent worker;

NOW, THEREFORE, in consideration of the mutual covenants and agreement

set forth below, it is hereby agreed by the EMPLOYER and the EMPLOYEE as
follows:

I. COMMENCEMENT OF PROBATIONARY EMPLOYMENT

1. The EMPLOYEE is engaged as probationary (position), with the specific

job description asset forth in ANNEX “A” of this contract.

2. The probationary period shall last for a period of six (6) months,
commencing on January 2, 2024 and ending on July 1, 2024.

3. Prior to the expiration of the EMPLOYEE’s probationary employment,

s/he shall be notified in writing if s/he is qualified as a regular
employee.

4. This employment is subject to the standards for regularization, which

EMPLOYEE hereby acknowledges to have received and is aware of.
These standards are outlined in ANNEX “B”, which is made an integral
part of this Contract.
II. PROBATIONARY EVALUATION

1. The EMPLOYER will evaluate the EMPLOYEE’s performance during the

probationary period.
2. The EMPLOYER shall make the evaluation or such other representative
as appointed by the EMPLOYER.

3. The evaluation of the EMPLOYEE shall be made in writing. The

EMPLOYEE agrees that it is the prerogative of the EMPLOYER to
evaluate his/her performance and decide whether s/he is qualified to
be a regular employee. If the EMPLOYEE fails to meet the standards for
regularization set forth by the EMPLOYER, the EMPLOYER may
terminate this Contract in accordance with the procedure prescribed by
law or any applicable rules or regulations.

III. COMPENSATION

1. The EMPLOYEE will receive a gross basic daily salary of FIVE HUNDRED
FIFTY PESOS (PhP 550).

2. Tips gathered at the end of the day shall exclusively belong to the
employees.

3. It is hereby further agreed, and the EMPLOYEE hereby acknowledges,

that during the period of his/her probationary employment, s/he shall
not be entitled to the compensation and benefits extended by the
EMPLOYER to its regular employees except those benefits granted by
law.

4. EMPLOYEE will be paid P1,100.00 wage during regular holidays.

EMPLOYEE will also continue to receive his/her P715.00 wage during
special non-working holidays issued by the President of the Republic of
the Philippines.

5. Should EMPLOYER grants benefits, bonuses, or allowances other than

those defined in this contract, such benefits, bonuses, or allowances
shall not be considered as an established practice or taken as precedent,
and shall not form part of the benefits, bonuses, and allowances due and
demandable under this Agreement.

6. EMPLOYER will give the salary every 18 th and 3rd of the month. Cut off
will be 15th and 30th of the month provided that the EMPLOYEE submits
his/her daily time record to Employer every 15th and 30th of the month.

IV. WORK SCHEDULE

1. The EMPLOYEE shall render a minimum of eight (8) hours of work per
day and report for work at least six (6) days per week.

2. The EMPLOYEE shall report to work within the following store shifts:

Shift Time
Opening Shift 5:00am to 2:00pm
Mid Shift 9:00am to 6:00pm
Closing Shift 1:00pm to 10:00pm

3. The work shifts shall be determined every three weeks. The EMPLOYER
shall inform the EMPLOYEE of such work shifts three days before the
start of the new schedule.

4. The EMPLOYER prescribes the work schedule, and it reserves the right
to change the schedule as it may deem necessary to meet operational
requirements.

5. The EMPLOYEE is entitled to a weekly day-off, or on rotational shifting,

as the EMPLOYER may deem necessary.

6. 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.

7. In case the demands of business would require EMPLOYEE to work

more than his regular work schedule, s/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 EMPLOYER.

V. ABSENCES

1. Such notice must be given one (1) week before the intended absence.
For unexpected instances such as sickness and other emergencies,
notice must be given at least six (6) hours prior to his/her shift.

2. EMPLOYEE is only allowed a total of three (3) excused absences during

the duration of his/her probationary employment.

VI. DUTIES AND RESPONSIBILITIES

1. EMPLOYEE shall perform the duties and responsibilities that his/her

position or job entails, as contained in ANNEX “A” of this contract or as
may be reasonably assigned to him by the EMPLOYER from time to time.
2. The specific duties and responsibilities of EMPLOYEE are contained in
ANNEX “A”, which herein EMPLOYEE acknowledges to have read and
understood as a condition for his/her regularization and entitlement to
other benefits and promotion.

3. EMPLOYEE is obliged to perform his/her duties loyally, independently

and industriously to help meet the goals and objectives of the
EMPLOYER. S/he is also expected to carry out these responsibilities to
the best of his knowledge and abilities in order to protect and advance
the interests of the EMPLOYER.

VII. PLACE OF WORK

1. EMPLOYEE’s primary place of work will be Unit 3, Lot 6 Block 168,

Regalado Ave., Brgy North Fairview, Quezon City, Philippines.
EMPLOYEE agrees that EMPLOYER may transfer him to any other
location as may be required by the exigencies of the business and the
responsibilities of the EMPLOYEE’s position. EMPLOYEE may be
required to travel from time to time.

VIII. DECORUM

1. EMPLOYEE shall observe and comply with all rules and regulations,
written or otherwise, set by EMPLOYER.

2. All existing as well as future rules and regulations issued by the

EMPLOYER are hereby deemed incorporated with this contract.

3. By signing this contract, the EMPLOYEE acknowledged his/her duty and

responsibility to be aware of the rules and regulations of the EMPLOYER
regarding his/her employment and to fully comply with this in good
faith.

4. 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.

IX. DISCIPLINARY MEASURES

1. The EMPLOYEE recognizes the right of the EMPLOYER to impose

disciplinary measures or sanctions, which may include but are not
limited to termination of employment, suspensions, fines, salary
deductions, withdrawal of benefits, loss of privileges for any and all
infractions, acts, or omissions, irrespective of whether such infraction,
act or omission constitutes a ground for termination.
X. TERMINATION

1. The EMPLOYER has the right to terminate the EMPLOYEE if he fails to

meet the standards to become a regular employee.

2. EMPLOYER reserves the right to terminate or cancel this Contract after

observing due process for just or valid causes.

3. Termination may be due to any, but not necessarily limited to the

following:

a. Gross dishonesty or theft

b. Serious misconduct
c. Willful disobedience of EMPLOYER’s lawful orders
d. Habitual neglect of duties
e. Fraud or breach of trust
f. Commission of a crime or offense against the employer, his family
or representative
g. Insubordination
h. Revealing trade secrets of the business
i. Illegal use of company property, which may include but are not
limited to space, equipment, and uniform.
j. Habitual absences and tardiness
k. In the event of the EMPLOYEE being incapacitated by ill health,
accident or physical or mental incapacity from fully performing
his/her duties with the EMPLOYER for an aggregate period of
ninety (90) days in any one calendar year, such incapacity being
duly certified as such by the EMPLOYER’s appointed doctor.
l. Failure of the EMPLOYEE to pass 2 consecutive evaluations of
his/her work performance
m. Just causes as provided under by law
n. Authorized causes as provided by law
o. Other similar acts, omissions and/or infractions

XI. MEDICAL/DRUG TESTS

1. By signing this contract, the EMPLOYEE consent and agree, upon

request from the EMPLOYER, to undergo, at a government accredited
institute to be nominated by the EMPLOYER, a medical/drug tests at the
expense of the EMPLOYEE. This is to be carried out for purposes of
determining the physical and mental fitness of the EMPLOYEE to
perform the functions of the job.

XII. RESIGNATION

1. EMPLOYEE must inform the EMPLOYER in writing the intent to resign

one (1) month before the desired resignation date.
2. EMPLOYEE must complete thirty (30) days of turnover training for the
replacement staff, unless EMPLOYER sets a shorter period.

3. EMPLOYEE must accomplish a Resignation Clearance Form before his

final day of work.

XIII. NON-COMPETITION AFTER EMPLOYMENT

1. In the event that EMPLOYEE is separated or terminated from

employment for whatever reason, s/he shall not seek employment in a
local or foreign firm doing business in the Philippines 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 prior written
consent of the EMPLOYER.

XIV. INTELLECTUAL PROPERTY

1. The EMPLOYER shall be entitled to sole ownership of any intellectual

property rights including but not limited to recipes, dishes,
presentations, preparation, cooking style, and other property rights
created, developed and discovered by the EMPLOYEE while in the
course of his employment, including all registrations for the same.

XV. CONFIDENTIALITY

1. During and after the employment period, the EMPLOYEE will not
divulge or appropriate to his own or to use of others in competition
with the EMPLOYER, any trade secret or confidential information or
knowledge pertaining to the business of the EMPLOYER, or any of its
subsidiaries, obtained by him in any way while he was employed.

XVI. UNDERTAKING

1. EMPLOYEE shall work exclusively for the benefit of the EMPLOYER.

EMPLOYEE warrants that s/he shall comply with all his undertaking
and obligations set forth in this Contract and shall indemnify
EMPLOYER for any actual losses, damages, costs, and expenses,
including attorney’s fees incurred as a result of the breach of this
Contract or his willful act, omission, fraud or negligence.

XVII. AMENDMENT AND TERMINATION

1. This Contract may be amended or cancelled by mutual agreement of the

parties without the consent of any other person, so long as the
EMPLOYEE lives, no person, other than the parties hereto, shall have
any rights under or interest in this Contract or the subject matter
hereof.
 XVIII.ACCEPTANCE OF TERMS AND CONDITIONS OF EMPLOYMENT

1. EMPLOYEE has read and understood the terms and conditions hereof
and accepts the same.

IN WITNESS WHEREOF, we hereunto affix our signatures on _________ in

_______________.

___________________________________ ____________________________________
Danielle Ruth V. Ting DESIREE INANOD TANON
Director Employee
KDE MEALS ENTERPRISES INC.

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 Gov’t Issued ID Issued On/In

DESIREE TANON TIN394-304-544-00000 February 15, 2017
Danielle Ruth V. Ting Driver’s License: N02- January 10, 2023
12-017273

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 volunatary act and deed as well as that of the entities that they
respectively represent.

WITNESS MY HAND AND SEAL at the place and on the date first above-
written.

NOTARY PUBLIC

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