Contract of Employment-Xxx

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CONTRACT OF EMPLOYMENT

KNOW ALL MEN BY THESE PRESENTS:

This Contract of Employment is executed this ______________ at Puerto


Princea City by and between made this) by:

PAIR A DICE BAR INC., a corporation duly organized and existing in


accordance with laws of the Republic of the Philippines, with principal office at
Green House Bgy. Corong Corong, El Nido, Palawan, represented in this act by
its President, JUNE V. DAQUER, hereinafter referred to as the EMPLOYER;

-AND-

DOMINICK CHARLES FRESINA, of legal age, American Citizen, and a


resident of El Nido, Palawan, herein referred to as the EMPLOYEE.

WITNESSETH: THAT –

WHEREAS, the Employer is engaged in business of restaurant and catering in


El Nido, Palawan

WHEREAS, Employee manifests and guarantees that he 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 GENERAL MANAGER 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 THIRTY


THOUSAND (php 30,000.) PESOS , 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 the end of the six-month


probationary period, depending on the recommendations of the Corporate
Officers, employee will become a regular employee of the company entitled to
all company benefits and privileges enjoyed by regular employees, otherwise his
probationary employment is deemed terminated;

VACATION AND 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 Corong Corong, El


Nido, Palawan, 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-DISCLOSURE: 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.

CONFIDENTIALITY: 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.
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.

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. But not necessarily limited to the following:

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.

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.

PAIR A DICE BURGER BAR INC.,


Represented by:

JUNE V. DAQUER DOMINICK CHARLES FRESINA


EMPLOYER/PRESIDENT EMPLOYEE
Id No.______ Id No.______
Issued by:_________ Issued by:____________

SIGNED IN THE PRESENCE OF

1.____________________________ 2.________________________________
ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )


Puerto Princesa City ) SS.

BEFORE ME, a Notary Public, this ____________day of ________________,


personally appeared the above named parties with their identification card
bearing number written under their names known to me to be the same person
who executed the foregoing instrument and who acknowledged to me that the
same is his free and voluntary act and deed.

This instrument, consisting of four (4) pages, including the page on


which this acknowledgment is written, has been signed on the left margin of
each and every page thereof by the concerned parties and their witnesses, and
sealed with my notarial seal.

IN WITNESS WHEREOF, I have hereunto set my hand the day, year and
place above written.

Notary Public

Doc. No. ........;


Page No. .......;
Book No. .......;
Series of 2018.

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