MyLegalWhiz - Contract of Employment With Non-Compete Clause Non Competition Agreement

CONTRACT OF EMPLOYMENT
This Contract is made and entered into by and between:
Company: [Company Name], a [partnership, corporation, sole

proprietorship] with registered address at _______________,
and represented herein by its [Position], [Name] , (hereinafter
referred to as ”COMPANY”)
-and-
Worker: [Full Name], Filipino, of legal age, and with postal address at
________________________________________Philippines,
(hereinafter referred to as “MR./MS. _[Last Name]_”);
(hereinafter individually referred to as “PARTY” and collectively as the

“PARTIES”)
The PARTIES agree as follows:
I. Job Description: The COMPANY engages the services of

MR./MS. [Last Name] as [Job Title] whose functions shall include
the following:
(a) xxx
(b) xxx
(c) such other responsibilities as may be related to or
necessary in order to carry out the above functions
(d) other responsibilities as may be agreed upon by the
Parties
II. Compensation: In consideration of the above services, the

COMPANY agrees to pay MR./MS. [Last Name] the amount of
____________ (Php _______ ) PHILIPPINE PESOS per month,
payable every [___________]. The said amount is inclusive of all
applicable taxes and the employee contribution on mandatory
Page 1 of 5
remittances for SSS, Philhealth, and HDMF, among others, which
shall be automatically deducted by the COMPANY and reflected in
the payslip.
III. Other Benefits:
A. Upon completion of _________ [months/years] of continuous

service, MR./MS. [Last Name] shall be entitled to ____ (___)
days of vacation leave and ____ (___) days of sick leave, per
calendar year, in addition to any other benefits that is or may
hereafter be granted to [regular/project/casual] employees
under Philippine law (i.e., Thirteenth month pay, Service
Incentive Leave, etc.).
B. The leave benefits shall be [cumulative or non-cumulative].
C. Unused vacation leaves for the year may be converted to cash,

at the equivalent daily rate, at the end of the calendar year [or
accumulated and applied to the succeeding year -- only if
leaves are made cumulative].
IV. Employment Period: The engagement of MR./MS. [Last Name] as

[Job Title] for the COMPANY shall commence on [Specific Date] and
shall
if project based worker, use this:
[terminate on (Specific Date) unless sooner terminated for

cause]
if regular or permanent employee, use this:
[be continuous without prejudice to the right of the COMPANY to

suspend, demote and/or terminate the former for cause]
V. Non-Competition: During the effectivity of this Contract, and

for a period of _________ [months/years] after termination
thereof, for any reason whatsoever, shall not, directly or indirectly,
whether solely or jointly with any person or entity, carry on, be
engaged, or be interested in any business of the same or
substantially similar business with that of the COMPANY or any
significant component thereof.
Page 2 of 5
VI. Ownership: The PARTIES agree that any creative work
produced by MR./MS. [Last Name] during, or as a consequence of,
his/her relationship with the COMPANY shall be considered the
intellectual property of the COMPANY and shall be exclusively owned
by the COMPANY, inclusive of all economic and moral rights
attached and arising therefrom.
This shall cover, but is not limited to, the following output from
MR./MS. [Last Name]:
(a) xxx
(b) xxx
VII. Confidentiality: MR./MS. [Last Name] shall not directly or

indirectly, disclose to any person or group of persons, or any
business entity, for any purpose whatsoever, any confidential
information received from or through the COMPANY or any of its
employees, officers and/or agents or including any information not
generally known in the industry in which COMPANY is or may be
engaged, which was disclosed to MR./MS. [Last Name] or known by
MR./MS. [Last Name] as a consequence of his/her relationship with
the COMPANY. This duty of confidentiality on the part of MR./MS.
[Last Name] is effective not only for the duration of the
employment with the COMPANY but lasts even after his/her
separation from the COMPANY.
VIII. Penalty for Breach: Any violation of any undertaking or

commitment by MR./MS. [Last Name] under this Contract may be a
ground for disciplinary action, including termination, on the part of
the COMPANY, without prejudice to a claim for damages against the
offender. In such event, the COMPANY may bring such legal actions
against MR./MS. [Last Name] as may be allowed by law and he/she
agrees to pay all liabilities and to indemnify the COMPANY and
assigns in the amount equivalent to the monetary value of the
compensation package for 6 months or an amount no less than
____________ (Php _______ ) PHILIPPINE PESOS, whichever is
higher, as liquidated damages, without prejudice for any loss,
damage, or expense which the COMPANY may suffer by reason of
such violation, including, without limitation, legal fees and
expenses, and other costs of suit incurred in connection with such
litigation.
Page 3 of 5
IX. Entire Agreement: This Contract of Employment constitutes the
entire agreement and understanding between the Parties and
supersedes all previous agreements, understandings and
undertakings in such respect. This Agreement cannot be amended
except by the written agreement signed by both PARTIES.
X. Separability: If any provision or any part of any provision of

this Contract of Employment is held to be unenforceable, invalid or
illegal, then it shall be severable and deemed to be deleted and
shall be replaced by the nearest legal equivalent, while the
remaining provisions shall remain valid and binding.
XI. Non-Waiver: Failure by either PARTY to enforce any of the rights

under this Contract of Employment shall not be taken as or deemed
to be a waiver of such. No waiver or amendment of any provisions
of this Contract of Employment shall be valid or binding against
either PARTY unless the waiver or amendment is made in writing
and signed by both PARTIES.
XII. Enforcement: The interpretation, construction and effect of this

Contract of Employment shall be governed and construed in all
respects in accordance with the laws of Philippines, the PARTIES
hereby submit to the jurisdiction of the Philippine Courts
IN WITNESS whereof, the PARTIES have executed this Contract of

Employment this ________of [Month] , 20____ at [Place].
SIGNED on behalf of [COMPANY] SIGNED

hereby duly authorised:
SIGNATURE : SIGNATURE :
FULL NAME : FULL NAME :
POSITION : POSITION :
DATE : DATE :
Page 4 of 5
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)

________________ ) S.S.
BEFORE ME, a Notary Public in and for _____________________ on this __

day of _________, 20_ personally appeared the following:
Name ID Type/Number Date/Place of Issue
known to me to be the same persons who executed the foregoing Contract of

Employment consisting of ___ (__) page/s, including this page, and they
acknowledged to me that the same is their free and voluntary act and deed,
as well as that of the party he represents.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this __ day of
___________, __________ (Year) in _______ City.
Notary Public
Doc. No.: _____;

Page No.: _____;
Book No.:_____;
Series of ______.
Page 5 of 5

MyLegalWhiz - Contract of Employment With Non-Compete Clause Non Competition Agreement

Uploaded by

Copyright:

Available Formats

MyLegalWhiz - Contract of Employment With Non-Compete Clause Non Competition Agreement

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

MyLegalWhiz - Contract of Employment With Non-Compete Clause Non Competition Agreement

Uploaded by

Copyright:

Available Formats

CONTRACT OF EMPLOYMENT

This Contract is made and entered into by and between:

Company: [Company Name], a [partnership, corporation, sole

(hereinafter individually referred to as “PARTY” and collectively as the

The PARTIES agree as follows:

I. Job Description: The COMPANY engages the services of

II. Compensation: In consideration of the above services, the

III. Other Benefits:

A. Upon completion of _________ [months/years] of continuous

B. The leave benefits shall be [cumulative or non-cumulative].

C. Unused vacation leaves for the year may be converted to cash,

IV. Employment Period: The engagement of MR./MS. [Last Name] as

if project based worker, use this:

[terminate on (Specific Date) unless sooner terminated for

if regular or permanent employee, use this:

[be continuous without prejudice to the right of the COMPANY to

V. Non-Competition: During the effectivity of this Contract, and

VII. Confidentiality: MR./MS. [Last Name] shall not directly or

VIII. Penalty for Breach: Any violation of any undertaking or

X. Separability: If any provision or any part of any provision of

XI. Non-Waiver: Failure by either PARTY to enforce any of the rights

XII. Enforcement: The interpretation, construction and effect of this

IN WITNESS whereof, the PARTIES have executed this Contract of

SIGNED on behalf of [COMPANY] SIGNED

FULL NAME : FULL NAME :

REPUBLIC OF THE PHILIPPINES)

BEFORE ME, a Notary Public in and for _____________________ on this __

Name ID Type/Number Date/Place of Issue

known to me to be the same persons who executed the foregoing Contract of

Doc. No.: _____;

You might also like

BEFORE ME, a Notary Public in and for ___________________ on this