EMPLOYMENT CONTRACT
This EMPLOYMENT CONTRACT is made and entered into this ____ day of ________________, 20____ at _____________________________________, by and between:
eTeam Workforce Private Corporation, a foreign corporation duly organized and existing under the laws of the Philippines, with residence at Unit 1806, 18F Cityland Pasong Tamo Tower, 2210 Chino Roces Avenue, Makati City, Philippines 1231, herein represented by its Human Resource Manager ____________________________, herein referred to as “Employer”;
and
(Name of Employee) , of legal age, (Civil Status) , (Citizenship) , with residence at _____________________________________________________________, herein referred to as “Employee”;
WITNESSETH
WHEREAS, the Employer is (Description of Company Services);
WHEREAS, the Employee is considered employed with the Employer, having passed the pre-employment processes, requirements and qualifications;
WHEREAS, the Employer and Employee have personally met and agreed to define and set forth the following employment terms and conditions:
NOW, THEREFORE, in consideration of the mutual agreement set forth below, the Employer and Employee, do hereby agree as follows:
- POSITION – The Employer hereby employs the aforementioned Employee with the position of a [[JOBTITLE]] contingent on the successful completion of a criminal background check, education, employment, drug test or other such checks as required by the Employer’s Client (“Client”). Employee shall perform specialized work as he/she is directed to perform by Employer for Employer’s Clients (“Client”) using his/her own discretion and independent judgment;
- TERM – Employee’s employment will start on [[STARTDATE2]] and will continue until terminated by Employer or Employee.
2.1 Employee may resign from employment with or without reason. However, Employer requests professional courtesy of at least two weeks advance written notice of Employee’s intention to resign.
2.2 This position is based on Client requirements and the Client may extend this position at any time and for any reason.
2.3 Employment shall be terminated:
(a) When the task for which the Employee is hired is completed or cancelled before completion; and/or
(b) if it is found that the Employee is not qualified, competent or efficient in the position.
(Refer to Exhibit C)
- EXCLUSIVITY – The Employee agrees that during the term of this Agreement, so long as Employee is scheduled to work a minimum of 30 hours per week, Employee will devote his/her full-time to providing services exclusively as directed by Employer and shall not perform services for others.
- HOURS – Subject to the provisions of Exhibit A, Employee shall typically work the same hours as Client’s employees while performing work at Client’s site, unless otherwise directed by Employer who shall set and enforce Employee’s schedule and number of hours worked.
- PERSONAL SERVICES OF EMPLOYEE – Employee must personally perform all work as directed by Client or Employer and may not delegate any of his/her responsibilities. Employee shall not hire, supervise or compensate assistants, except as Employer may specifically direct in writing.
- COMPENSATION, TIME RECORDS, DEDUCTIONS
6.1 COMPENSATION
Employer agrees to pay Employee according to the wage plan that is made a part of this Agreement and attached as Exhibit A.
6.2 TIME RECORDS
For each assignment, Employee will record the hours he/she worked on each day in accordance with Employer’s rules. Employee agrees that he/she is responsible for ensuring that the time record is submitted to client for approval on or before the end of the client week in which the work was performed.
Verified Timesheets
For each time record submitted to Employer, Employee shall obtain Client’s authorized representative approval confirming and approving the hours worked by Employee. Employee must submit verified timesheets to obtain payment for services.
In the event that such submissions are not timely made, in addition to any other repercussions that may apply, Employee is not relieved of Employee’s obligation to make such submissions and agrees to make such submissions at the first available opportunity.
Unverified Timesheets
If for any reason, Employee submits unverified timesheets to Employer for a particular payroll, the Employee is responsible for ensuring that the timesheets submitted to Employer exactly match the timesheets submitted to the Client.
If the Client rejects or modifies any of Employee’s timesheets after submittal or approval, such rejection or modified Client timesheets or other record of Client would be considered the final record of time worked, and eTeam would adjust the Employee’s payroll to match the Client records if eTeam, at its sole discretion, made an advance payment based on unverified timesheets. In the event that eTeam has overpaid the employee and cannot deduct such amount from a future payroll, Employee is responsible for reimbursing eTeam the excess amount paid within 5 business days of notice from eTeam.
Last Pay
Employees must ensure that their final approved timesheets are received by eTeam Payroll at the below email, on the last day of work, to ensure a timely processing of the final payroll. E-mail to timesheets@eteaminc.com Attention: Urgent LAST Payroll.
OVERTIME
Employee shall not work overtime hours in any week without advance written consent of Employer.
6.3 GOVERNMENT CONTRIBUTIONS
Employee’s compensation shall be deducted as required by applicable law, including deductions for income tax withholding, the SSS, Pag-ibig, and PhilHealth.
- NON-PERFORMANCE OF SERVICES AND NON-RECRUITMENT – During the term of this Agreement and for twelve (12) months after the end of the employment relationship (whether Employer or Employee initiated the termination), or for the period of time Employee performed services under this Agreement, whichever is shorter, Employee agrees that he/she shall not in any individual or representative capacity (e.g. as a principal, employer, stockholder, partner, agent, consultant, independent contractor, or employee):
(a) directly or indirectly provide, solicit or advise another of the opportunity to provide, any services to a Client where Employee previously provided services to the Client on behalf of Employer or was otherwise introduced through Employer; or
(b) directly or indirectly, retain or solicit for Employee or for another party, the services of any of the Employer’s employees or others introduced through Employer.
For purposes of this paragraph, “introduced through Employer” means where a client, employee, contractor, other individual came to the attention of Employee in any manner through Employer. “Client” includes any affiliates, customers or clients of the Client.
- REIMBURSEMENT OF EXPENSES – Employer shall reimburse Employee for ordinary and necessary expenses incurred in the course of performing work under this Agreement, provided that Employee has obtained Advance Written Approval. Employee will be deemed to have received Advance Written Approval when Employee has submitted a prior written request for reimbursement of specific expenditures and Employee has received from Employer prior written notification of approval for each of the requested expenditures. In order to receive payment for any expenditures for which Advance Written Approval has been obtained, Employee must submit to the satisfaction of Employer, an itemized accounting of expenditures along with supporting receipts and other documentation and requested information.
- DIRECTION, SUPERVISION AND COOPERATION – In performing the work assigned by Employer, Employee will adhere to all applicable policies, procedures and rules of both Employer and Client. Employee acknowledges Employer has the right to direct Employee as to when, where and how Employee is to perform work. In working on Client’s project, Employee will ordinarily work as required by Employer in accordance with the directions of the Client. Employee will provide his/her immediate supervisor at Employer with progress and status reports of his/her work efforts as requested. Employee’s performance is subject to review by both Employer and Client.
- CODE OF CONDUCT – The Employee must follow the policies, procedures, and regulations set be eTeam, Inc., and its Client. He/She is expected to follow the set rules knowing that it covers the total welfare of both Employee and Employer. Any violation of the Code of Conduct will result to sanctions depending on the severity of the action.
The Employee should maintain integrity and honesty, and shall perform to the best of his/her abilities.
- EMPLOYMENT AT WILL – Notwithstanding any other terms of this Agreement, the parties acknowledge and agree that the employment relationship created by this Agreement is at-will. Nothing in this Agreement shall be deemed to restrict Employer’s right to terminate Employee at any time, with or without cause and with or without prior notice.
- CONFIDENTIALITY AND NON-DISCLOSURE – Employee agrees not to disclose to any third party, confidential information or materials of Employer, the Client, or anyone with a business or employment relationship with Employer or Client. Employee further agrees that he/she will not use, remove, transfer, transmit, reproduce or otherwise deal with confidential information or other tangible or intangible property of another party, except for the sole purpose of performing his/her services as an employee of Employer on Client’s project.
As used in this Agreement, the phrase “confidential information or materials” includes, but is not limited to, all information belonging to Employer or Clients related to their respective services and products, customers, business methods, strategies, and practices, internal operations, pricing and billing, financial data, costs, personnel information (including names, educational background, prior experience and availability), customer and supplier contacts and needs, sales lists, technology, software, computer programs, other documentation, computer systems, inventions, developments, trade secrets of every kind and character and all other information that might reasonably be deemed confidential.
Employee further agrees that he/she will not directly or indirectly disclose to any person, including to the Client or to any coworkers either during or after his/her period of employment, Employee’s wage rates and terms; provided, however, that Employee may disclose such information to Employee’s spouse, accountant, financial institution (provided they agree to keep the information confidential) and to the extent required by law.
- RETURN OF PROPERTY – Employee agrees that upon termination of his/her employment with Employer for any reason, Employee will deliver to Employer all keys, pass cards, identification cards or any equipment or materials of any nature in Employee’s possession or control that were provided to Employee by Employer or its Client and that relate to Employee’s employment with Employer.
In the event Employee fails to return any property of Employer or Client within 24 hours (or provide traceable proof of mailing within 24 hours) of termination of employment, Employee acknowledges and agrees to be liable for the reasonable replacement value of such unreturned property and that the reasonable replacement value of such unreturned property may, at Employers sole discretion, be deducted from the payment of any form of compensation Employer owes to Employee.
- OWNERSHIP OF INTELLECTUAL PROPERTY – Employee will immediately disclose to Employer and Client all discoveries, inventions, enhancements, improvements and similar creations (collectively, “Creations”) made, in whole or in part, by Employee in the course of or related to providing services to the Client.
Employee further agrees that all documents, deliverables, software, systems designs, disks, tapes and any other materials (collectively, “Materials”) created in whole or in part by Employee, in the course of or related to providing services to the Client shall be the property of the Client.
All ownership of any Creations or Materials shall vest exclusively with the Client, including, but not limited to, any copyright rights, patent rights or any other intellectual property rights. Employee hereby assigns to Client all right, title and interest that Employee may have in such Materials and Creations without entitlement to any additional compensation and free of all liens and encumbrances of any type.
Employee agrees upon request (whether during or after term of this Agreement) to execute any documents and assist Client in any way deemed necessary (which may include assisting Client’s attorneys in filing papers or prosecuting litigation) to register or perfect Client’s intellectual property rights.
Any rights conferred upon Client under this paragraph may only be waived or assigned in writing signed by an authorized representative of Client.
Where Employee is performing work for Employer and there is no identifiable Client, the term “Client” in this paragraph shall mean “Employer”.
- REPRESENTATIONS Employee warrants to the best of his/her knowledge, information, and belief:
(a) All information provided to Employer and Client related to Employee’s qualifications is accurate;
(b) Employee has no conflict-of-interest in working for Employer or performing services for Client;
(c) Employee is not subject to any contractual limitations on his/her ability to perform services under this Agreement. Employee shall immediately notify Employer should any of the facts relating to these representations change at any time; and
(d) Employee understands that Employee brings to and/or stores any of Employee’s personal property at a Client facility at Employee’s own risk. Employer is not responsible for the return or preservation of such personal property of Employee at the conclusion of employment, or at any other time.
- BREACH – In the event of Employee’s breach of contract, Employee acknowledges and agrees that Employer will suffer irreparable harm and money damages would be an inadequate remedy, entitling Employer to seek injunctive relief. Employer’s right to seek injunctive relief is without waiver or limitation to any other remedies Employer has at law or in equity.
- OTHER PROVISIONS – This Agreement and any attached exhibits, represent the entire agreement of the parties and supersedes and terminates all prior agreements. Any modification of this Agreement must be in writing and signed by both parties. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by the waiving party; a waiver on any one occasion shall not be effective as a waiver on future occasions. This Agreement shall inure to the benefit of and shall be binding on the parties, the successors and assigns of Employer and the heirs and personal representatives of Employee. Employee may not assign his rights or obligations under this Agreement. Paragraphs 3, 11, 13, 16, 17, and 18 shall survive termination. If any provision of this Agreement is determined to be unenforceable in whole or in part, all remaining provisions shall be given full effect to the extent possible without the unenforceable provision.
This Agreement shall be governed by the laws of the Philippines, without regard to choice of law principles, and all disputes relating to this Agreement shall be resolved, to the fullest extent permissible by law, in the courts located in Philippines. Any notices and communications required by this Agreement may be made by email if receipt of such email is confirmed by the recipient.
- INJUNCTIVE AND OTHER RELIEF – The Employer may, in its sole discretion, seek and/or obtain temporary, preliminary and/or final injunctive relief enforcing this Agreement in any court of competent jurisdiction, which includes the courts in the Philippines. To the fullest extent permissible by applicable law, the Parties hereby waive any objection to jurisdiction, venue or forum in the Philippines, for purposes of any litigation commenced pursuant to this Agreement.
Employee represents that he/she has read, understands and agrees to the terms of this Agreement, has had an opportunity to ask any questions and to seek the assistance of an attorney regarding their legal effect, and is not relying upon any advice from Employer.
IN WITNESS WHEREOF, we have hereunto affix our signatures this ______ day of __________________________, 2018 at _____________________________.
eTeam Workforce Private Corporation (Name of Employee) (Employer)
By:
Authorized Representative Employee
Signed in the presence of
EXHIBIT A
Wage Plan
Employee shall be paid Php[[PPAYRATE]] / [[PPAYUNIT]] on a bi monthly payroll basis, less applicable taxes and deductions.
EXHIBIT B
Benefits
SSS
PhilHealth
Pag-ibig
EXHIBIT C
Project Description:
Job Description:
EMPLOYEE EVALUATION FORM
NAME: ____________________ DATE:__________________________
DEPARTMENT: _________________________________
Instructions:
Listed below are a number of traits, abilities and characteristics that are important for success in business. Place an “X” mark on each rating scale, over the descriptive phrase which most nearly describes the person being rated.
ACCURACY is the correctness of work duties performed.
| _____________ | _____________ | _____________ | _____________ | _____________ |
| Makes frequent | Careless, makes | Usually accurate; | Requires little | Requires absolute |
| errors. | recurrent errors. | makes only average | supervision; is exact | minimum of |
| number of mistakes. | and precise most of | supervision; is | ||
| the time. | almost always | |||
| accurate. | ||||
ALERTNESS is the ability to grasp instructions, to meet challenging conditions and to solve novel or problem situations.
| _____________ | _____________ | _____________ | _____________ | _____________ |
| Slow to | Required more than | Grasps instructions | Usually quick | Exceptionally keen |
| “catch on.” | average instructions | with average | to understand | and alert. |
| and explanations. | ability. | and learn. |
FRIENDLINESS is the sociability and warmth which an individual imparts in his attitude toward customers, other employees, his supervisor and the persons he may supervise.
| _____________ | _____________ | _____________ | _____________ | _____________ |
| Very distant | Approachable; | Warm, friendly; | Very sociable | Extremely sociable; |
| and aloof. | friendly once known | sociable. | and out-going. | excellent at |
| by others. | establishing | |||
| good will. |
PERSONALITY is an individual’s behavior characteristics or his personal suitability for the job.
| _____________ | _____________ | _____________ | _____________ | _____________ |
| Personality | Personality | Personality | Very desirable | Outstanding |
| unsatisfactory | questionable | satisfactory | personality | personality |
| for this job. | for this job. | for this job. | for this job. | for this job. |
ATTENDANCE is faithfulness in coming to work daily and conforming to work hours.
| _____________ | _____________ | _____________ | _____________ | _____________ |
| Often absent without | Lax in attendance | Usually present | Very prompt; | Always regular |
| good excuse and/or | and/or reporting for | and on time. | regular in attendance. | and prompt; |
| frequently reports | work on time. | volunteers for | ||
| for work late. | overtime when | |||
| needed. |
HOUSEKEEPING is the orderliness and cleanliness in which an individual keeps his work area.
| _____________ | _____________ | _____________ | _____________ | _____________ |
| Disorderly or | Some tendency | Ordinarily keeps | Quite conscientious | Unusually neat, |
| untidy. | to be careless | work area | about neatness | clean and |
| and untidy. | fairly neat. | and cleanliness. | orderly. |
DEPENDABILITY is the ability to do required jobs well with a minimum of supervision.
| _____________ | _____________ | _____________ | _____________ | _____________ |
| Requires close | Sometimes requires | Usually takes care | Requires little | Requires absolute |
| supervision; is | prompting. | of necessary tasks | supervision; | minimum of |
| unreliable. | and completes with | is reliable. | supervision. | |
| reasonable | ||||
| promptness. |
DRIVE is the desire to attain goals, to achieve.
| _____________ | _____________ | _____________ | _____________ | _____________ |
| Has poorly defined | Sets goals too low; | Has average goals | Strives hard; | Sets high goals |
| goals and acts | puts forth little | and usually puts | has high desire | and strives |
| without purpose; | effort to achieve. | forth effort to | to achieve. | incessantly to |
| puts forth | reach these. | reach these. | ||
| practially | ||||
| no effort. |
JOB KNOWLEDGE is the information concerning work duties which an individual should know for a satisfactory job performance.
| _____________ | _____________ | _____________ | _____________ | _____________ |
| Poorly informed | Lacks knowledge | Moderately informed; | Understands all | Has complete |
| about work duties. | of some phases | can answer most | phases of work. | mastery of all |
| of work. | common questions. | phases of jobs. |
QUALITY OF WORK is the amount of work an individual does in a work day.
| _____________ | _____________ | _____________ | _____________ | _____________ |
| Does not meet | Does just enough | Volume of work | Very industrious; | Superior work |
| minimum | to get by. | is satisfactory. | does more than is | production record. |
| requirements. | required. |
STABILITY is the ability to withstand pressure and to remain calm in crisis situations.
| _____________ | _____________ | _____________ | _____________ | _____________ |
| Goes “to pieces” | Occasionally | Has average | Tolerates most | Thrives under |
| under pressure; | “blows up” under | tolerance for | pressure; likes crises | pressure; really |
| is “jumpy” and | pressure; is | crises; usually | more than the | enjoys solving |
| nervous. | easily irritated. | remains calm. | average person. | crises. |
COURTESY is the polite attention an individual gives other people.
| _____________ | _____________ | _____________ | _____________ | _____________ |
| Blunt; | Sometimes tactless. | Agreeable and | Always very polite | Inspiring to others |
| discourteous; | pleasant. | and willing to | in being courteous | |
| antagonistic. | help. | and very pleasant. |
OVERALL EVALUATION in comparison with other employees with the same length of service on this job.
| _____________ | _____________ | _____________ | _____________ | _____________ |
| Definitely | Substandard but | Doing an | Definitely | Outstanding |
| unsatisfactory. | making progress. | average job. | above average. |
Rated by _______________________________ ____________________________________
(Name) (Title)
A copy of this Report has been given to me and has been discussed with me.
_______________________________________ ____________________________________
(Employee’s Signature) (Date)
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