OMDC Pathologist

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CONTRACT OF SERVICE

Know All Men By These Presents:

This Contract of Service is made, executed and entered into this _____
day of ________, 2020 by and between:

SFBSDFB MEDICAL AND DIAGNOSTIC CLINIC, a


Sole Proprietorship duly organized and existing under
Philippine laws and with principal business address
at 373 Pureza St., Sta. Mesa, Manila, hereinafter
referred to as the “Employer”;

-and-

__________________, of legal age, Filipino, and with


residential address at
_____________________________________, hereinafter
referred to as the “Consultant”;

Witnesseth that:

I. Appointment: That (name of consultant) is hereby


appointed as a Consultant starting on __________ until
________, unless otherwise terminated by any of the parties.

II. Compensation: The Consultant will receive a monthly fee


of ________________________ (PHP___).

III. Duties and Responsibilities of the Pathologist are


stated hereunder:

A. The Consultant shall act as the head of the laboratory and


supervise the conduct and/or perform the following:

1. Secure that all machine and equipment are fully


functioning;

2. Ensure that the laboratory procedures are properly


administered.

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3. Provide recommendations to the management for
the improvement and/or development of facilities
and systems, as necessary.

4. Improve and advance methods and/or procedures


in accordance with new laboratory procedures and
practices;

5. Secure, process, and provide the documents


required to obtain appropriate license of the
Diagnostic Clinic;

6. Orient and provide proper instructions to


laboratory personnel on laboratory policies and
procedures;

7. Provide appropriate training and/or seminar to


laboratory personnel based on current and/or
updated medical laboratory procedures and/or
practices.

8. Evaluate existing laboratory protocols and update


the same as deemed necessary.

9. Interpret and evaluate the results of the quarterly


parallel run of clinics’ laboratories and other new
tests.

10. Conduct regular visits to the clinic, at least


once a month.

11. Analyze and assess tests such as Pap


smears, Gram Stains, Peripheral Smears and
Malarial Smears.

IV. Place or Work: The Consultant’s place of work shall be


performed within the principal place of the Employer,
unless the work to be performed requires that the same be
done elsewhere.

V. Hours of Work: The Consultant shall perform his duties


within hours and time of the month, as agreed upon by the
parties.

VI. Emergency Work: In case the demands of business or the


Employer would require Consultant to work for more than

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his/her regular schedule, Consultant may be required to
render overtime work and shall be entitled to overtime pay
as provided by law.

VII. Decorum: Consultant shall observe and comply with all the
company rules and regulations written or otherwise.
Further, Consultant shall devote working hours to the
designated functions as abovementioned.

VIII. Non-Compete Clause: In the event that the Consultant is


separated or terminated employment for whatever reason,
she/ he shall not seek employment in a local diagnostic
within the area where the principal business of the
company is operating within six (6) months from the date of
separation or termination, without need of any notice from
the Employer. In case of breach, the Employee shall be
liable to pay penalty and be subject to appropriate actions
by the Employer.

IX. Non-Disclosure: Consultant acknowledges and confirms


that this contract must remain confidential except as may
be legally required by competent authority or applicable
statutes, the parties shall not disclose any information
without the consent of the Company.

X. Confidentiality: To secure the Employer’s business and


interest, Consultant agrees that for the period of his/her
employment and thereafter, the Consultant shall maintain
strict confidentiality and shall not disclose any technical,
business, financial, or commercial (whether covered by
Intellectual Property Code or not) plans, designs and the
likes.

XI. Undertaking: Consultant shall warrant that he/she shall


comply with all the undertakings and obligations set-forth
in this Contract and shall indemnify the Company for any
losses, damages, costs and expenses, including attorneys
fees, arising from the breach of any provision of this
Contract or those arising from the Consultant’s neglect,
willful, and intentional act to cause damage to the
Company.

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XII. Termination: Either or both parties may terminate this
Contract of Service any time prior to its termination,
provided a Notice of Writing is given to the other
contracting party at least thirty (30) days prior to the
intended date of termination. Furthermore, the Company
has the right to terminate the Consultant after proper
notice and subject to the following grounds as provided by
law:

1. Inefficiency
2. Insubordination
3. Habitual Tardiness
4. Loss of Trust and Confidence
5. Breach of confidentiality and non-disclosure
6. Violation of the Intellectual Property Rights
aforementioned;
7. Just Causes as provided under the Labor Code of
the Philippines;
8. Authorized Causes as provided under the Labor
Code of the Philippines;
9. Other analogous causes

XIII. Separability Clause:  If any other provision of this


Agreement shall be invalid, illegal or unenforceable, it shall
not affect or impair the valid, legality or enforceability of
any other provision of this Agreement, and there shall be
substituted for the affected provision a valid and
enforceable provision as similar as possible to the affected
provision.

XIV. Consultant has read and understood the terms and


conditions hereof and accepts the same.

IN WITNESS WHEREOF, we hereunto affix our signatures on


the date and place stated herein.

Company Representative

With Conformity:

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(Consultant’s Name and Signature)

ACKNOWLEDGEMENT

Republic of the Philippines)


__________________City) S.S.

BEFORE ME, personally appeared


Valid Identification ID and Number Date and Place
Issued

Known to me and to me known to be same person who executed the


foregoing instrument and acknowledged to me that the same is their free
and voluntary act and deed. This instrument refers to CONTRACT OF
SERVICE consisting of FIVE (5) pages including this page where this
Acknowledgement is written, signed by the affiant.

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

Notary Public
Doc. No. ____;
Page No.____;
Book No. ___;
Series of 2020.

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