Seasonal Employment Agreement: Terms / Period of Employment
Seasonal Employment Agreement: Terms / Period of Employment
08/06/2020
On behalf of Concentrix CVG Philippines, Inc. we are pleased to extend a job offer to you as Advisor I, Customer Service. You
will have an opportunity to play a vital role in our continued global growth and we look forward to having you join the dynamic
team we’ve put together here in the Philippines. This job offer, along with the salary and benefits provided for in this Seasonal
Employment Agreement, is contingent on your signing of this Seasonal Employment Agreement.
This offer of employment is dependent on your passing our pre-employment medical exams and submission of all documentary
requirements, and will be subject to the following terms and conditions:
Your employment shall commence on 09 7, 20, which is the start date of the Project, until the completion and actual end of the
same for which you have been engaged, which is estimated to be completed on or before 01/31/2021. The said program refers to
the Red Star Retail Seasonal. The Company reserves the right to move your start date and/or the end date to a later or earlier
time when business exigencies require. As such, the dates indicated herein may be changed at any time considering that the
primary consideration is the completion of the Project or the requirement of your services. You agree to hold the Company free
and harmless from any liability as a result of any change in your start and/or end date/s.
As a project employee, your employment is co-terminus with the duration of the said project, upon the completion or termination
of which, your employment will automatically cease without any need for verbal or written notice.
The Company reserves the right to terminate your employment even prior to the expiration of your Project Employment Contract
upon due notice for any of the just and/or authorized causes for dismissal provided for by law, including any violation of the
existing rules and regulations of the Company and/or those which the company may subsequently promulgate; poor and/or
unsatisfactory performance pursuant to the Company’s applicable Performance Appraisal System, including continuous
qualification for system or program access in accordance with client directive and determination; early termination of the project
for cause/s which is/are beyond the control of the employer such as but are not limited to the following: significant reduction of call
volume from original project requirement; client-initiated project termination; and any violation of the terms of this Contract. In the
event the Company decides to terminate your employment, you will be entitled to collect your salary computed only up to the last
day of your actual service.
You will receive a monthly base salary of Php ₱16,000.00, payable every other Friday.
Complexity allowances and incentive schemes are program specific, as may be determined by the Company from time to time.
They neither form part of your base pay nor of the guaranteed benefits provided herein and, as such, do not become regular
entitlements to you. Allowances and incentives shall be applicable if being provided by the program and while assigned in the
program only.
Should you be transferred to another account or program, allowances and incentive schemes shall be adjusted or removed
accordingly, without prejudice to your base pay.
You shall treat all matters relative to compensation as confidential and must refrain from discussing or divulging the same with
anybody.
Applicable Social Security System, Philippine Health Insurance Corporation and Home Development Mutual Fund (Pag-IBIG
Fund) contributions, withholding taxes, and other mutually-agreed or government-mandated deductions to be borne by you shall
be deducted from your salary.
Except for the taxes and contributions mandated by law to be withheld by the Company or for the government filings required by
law to be made by the Company in connection with the salary and other compensation and benefits arising from this employment,
all other taxes and contributions and filings shall be your responsibility and shall be made by you.
Notwithstanding any provision to the contrary, it is expressly agreed that any bonus, benefit or other payment given by the
Company to you in excess of that specified as your gross salary herein shall not be considered salary that you are contractually
entitled to, but shall be deemed as a mere gratuity that the Company reserves the right to discontinue or revise at any time, at its
sole discretion. Furthermore, incidents when the Company gives any bonus, benefit or other payment in excess of that specified
in this clause shall not be considered as an established practice or precedent and shall not form part of those due and
demandable under this Seasonal Employment Agreement.
Your compensation and benefits package is outlined in Appendix “A”, which is attached hereto and made an integral part of this
Seasonal Employment Agreement.
You hereby represent and warrant to, and undertake in favor of, the Company that you:
are not subject to any other Seasonal Employment Agreement or any other restriction that would prevent you from performing
your duties as a Advisor I, Customer Service at the Company as of the aforementioned start date; are of good moral standing and
has not been convicted of any crime involving moral turpitude or have any derogatory records whatsoever in your previous
employer; possess all the requirements and qualifications required by the Company or mandated by law as of the aforementioned
start date and during your entire employment; have submitted all requirements as part of the pre-employment requirements and
that the same are true and accurate and that no pertinent information has been withheld; will sign and execute the Confidentiality
Agreement, and similar documents required by the Company; will pass the training programs required for your position; and are
fully aware that your compensation and benefits may be different from those provided to current employees of the Company and
its affiliates.
You understand that any misrepresentation in this regard may give rise to your dismissal for cause from the Company.
Due to tight schedule and special nature of training provided, you are not allowed to be absent during the training period. In cases
of absences, as may be determined by the Company, you may be held ineligible to continue the training period and as such your
employment may be terminated. Likewise, due to the specific requirements of the principal/client, you will be required to have
continuous qualification for system or program access in accordance with client directives and determination and any
discontinuance shall be basis for your employment to be terminated.
Your continuance in employment is subject to your being found medically fit to work by the Company’s appointed/nominated
medical officer/doctor and disclosing any medical ailment or condition during your application. You will be subjected to a
comprehensive background check regarding education attainment, previous employment, credit check and others that may be
required by the clients. The Company reserves the right to withdraw its offer of employment or terminate your employment, after
notice and hearing in accordance with due process, in the event that findings indicate any inability on your part to fully discharge
your responsibilities during your employment for health reasons, and or due to unfavorable results in your background check.
You hereby recognize the right and prerogative of the Company to change your duties, responsibilities and work hours according
to the Company’s needs. Any change shall also form an integral part of this Seasonal Employment Agreement as if agreed upon
at the time of the execution of this Seasonal Employment Agreement. In particular, in order to meet customer requirements and
call volume, the number of staff required at any time during the day or night may change. As a result of these business changes,
it may be necessary to adjust your training and work schedule. Such changes may include but are not limited to:
Work of more than 8 hours/day
Work overnight hours
Work of up to 7 days/week (inclusive of work during rest days and Regular and Special Holidays as stipulated in RA 9492, as
amended from time to time).
You also hereby confirm your agreement to abide by and comply with the provisions contained in all Company policies,
procedures and guidelines including, but not limited to, Code of Ethical Business Conduct, Code of Discipline and Ethics,
information security policies, as well as other operational, administrative, security policies and other directives of agencies of the
Philippine government. As such, you agree to voluntarily subject yourself to the following (which you understand is a non-
exclusive list):
Searches conducted by Security of your personal belongings (e.g., pockets, bags, cars, etc.) and of Company property that may
be placed under your custody or care (e.g. lockers, filing cabinets, desks, drawers, computer files, hard drives, etc.); and Yearly
mandatory random drug testing in accordance with the Company’s Drug-Free Workplace Policy.
You acknowledge that you are aware of your rights under the Data Privacy Act. You understand that the Company is part of a
global organization. You also understand that it is necessary for the Company and its related companies worldwide to process
Personal Information and Sensitive Personal Information (“Personal Data”) in order to manage its business efficiently. In the
course of and even prior to your employment with the Company, the Company will have access to your Personal Data and such
Personal Data will be collated, stored, accessed, and processed by the Company for employee identification, employee
verification, background checking, personnel and workplace management, employee compensation and benefits management,
work assignment, employee referrals, employee-related reports, establishment and defense of legitimate interests of the
Company and its representative or clients, and other legitimate processing related to the foregoing. You likewise understand and
accordingly consent to the Company’s disclosure of your Personal Data to third parties, such as but not limited to the Company’s
affiliates (including its affiliates in countries that have different data protection regimes), clients, contractors/vendors/suppliers with
contractual arrangements with the Company on the use of Personal Data for the purpose of managing the worldwide human
resource needs of the Company and its related companies.
In the case of disclosure of Personal Data to Company’s clients, in particular, you understand and agree that this is essential and
customary, considering the nature of the Company’s business as a business process outsourcing entity. You further understand
that the disclosure of the Personal Data may also be part of security measures imposed by the Company and the Company’s
clients to identify, control, and/or prevent fraud in connection with your assignment to any account or program of the Company, as
you may be tasked to interact with client customers and/or handle confidential information relating to a client and/or its customers.
This Seasonal Employment Agreement is considered a prior notice on the foregoing disclosure.
Finally, you also recognize that even after the cessation of your employment with the Company, the Company shall continue to
retain the Personal Data it has collected regarding yourself and that the Company may process, use, and disclose such Personal
Data to third parties in response to employment background checks conducted by such third parties or in order to establish,
protect or defend the legitimate interests of the Company or any of its representatives, clients, employees, or other third parties.
As a member in good standing of industry associations and related organizations, the Company is committed to openness and
sharing best practices. Part of this commitment can compel us to disclose your basic employment information with us. You
hereby acknowledge that you have been informed that the Company may disclose to industry associations, including other BPOs
and call centers, information regarding your employment history with us especially with regard to the following:
Your full name and date of birth
Your joining date
Your most recently held position
The period or duration of your employment
Reason for leaving specifically if it is AWOL, fraud or any violation of our work ethics
Regardless of whether work and/or training has actually commenced, the Company retains the right (and you unconditionally
declare your full awareness of these conditions and your consent thereto) to terminate this Seasonal Employment Agreement due
to, but not limited to, any of the following: The principal has decided to reduce the headcount; The principal has advised to cancel
the training class; The principal has not provided you with specific and continuous qualification for system or program access;
Your failure to pass language assessment; or Your failure to complete and/or pass pre-employment medical examination and
other pre-employment requirements within fifteen (15) days or the time prescribed to you. Your failure to complete all Personal
Information in our HRIS, which includes but are not limited to; Date of Birth, Middle Name, Gender, Home Address, Marital
Status, SSS Number, Philhealth Identification Number (PIN), Tax Identification Number (TIN), and Pagibig/HDMF Number within
fifteen (15) days or the time prescribed to you.
You confirm that you have discharged or otherwise will not violate your legal obligations under all past and present work
engagement, contracts, education bonds and guarantees including any non-compete obligations or other restrictive covenants
with any previous employer (collectively referred to as "Prior Obligations"). You warrant that your acceptance of this offer will not
be in breach of Prior Obligations and you agree to indemnify the Company in respect of any loss or damage that the Company
may suffer directly or indirectly from your breach of Prior Obligations.
You agree that should you decide to leave employment with the Company, you will provide the Company with at least a 30-day
notice prior to your resignation. Resignation, once accepted or approved, may not be withdrawn without the express written
consent of the Company. The Company does not entitle resigned employees to any separation pay.
All Company records, documents, data and other properties in your custody or control shall be immediately surrendered to the
Company, if requested during the period of your employment, and at the termination thereof, whether or not requested. You shall
retain no copies of such records, data, document or any part thereof.
CONFIDENTIALITY / NON-DISCLOSURE
By signing this Seasonal Employment Agreement, you agree that all records and documents of the Company and all other
information pertaining to its business or affairs including information pertaining to the Company’s business operations and
procedures, methods of conducting business, customer lists developed by the Company or its clients, personal information of
clients and their customers, marketing strategies, trade secrets, plans regarding future development, as well as technical
knowledge and information, and any other information the unauthorized disclosure of which may threaten or cause damage to the
Company, developed, received or obtained by you with respect to the business of the Company or its clients and the latter’s
customers are confidential information (“Confidential Information”), which you will not at any time communicate or divulge to, or
use for the benefit of, any person, and shall be used only for the contemplated purpose of the Company.
In the event that you are required by law, regulation or court order to disclose any Information, you shall notify the Company in
writing of such requirement and assist the Company in seeking a protective order or other appropriate remedy from the proper
authority. You agree that, if the Company fails to obtain a protective order or other appropriate remedy in a timely manner, you
shall furnish only that portion of the confidential information that is legally required to be disclosed and shall exercise all
reasonable efforts to obtain reliable assurances that confidential treatment will be accorded the information disclosed.
In case of a violation of any of the obligations set forth above, the Company shall have the right to enjoin or restrain you from
continuing with such acts through the appropriate processes. In addition, you shall be liable to the Company for liquidated
damages.
Your obligations under this clause shall survive the termination of this Seasonal Employment Agreement.
AUTHORITY TO DEDUCT
You hereby expressly authorize the Company to deduct from any amount payable to you at the time of the termination of this
Seasonal Employment Agreement or expiration of your employment any claim which the Company may have against you, under
and by virtue of, or arising from this Seasonal Employment Agreement. If the amount due you is not sufficient to satisfy the claims
of the Company, the Company may not be stopped from taking the proper necessary actions to ensure full payment of any and all
such claims.
Governing Law
The terms and conditions of your employment, as well as this Seasonal Employment Agreement, shall be governed by and
construed in accordance with the laws of the Philippines. The Philippine courts and labor arbitral agencies shall have jurisdiction
over disputes which may arise in connection with your employment.
Repealing Clause
Any alterations or revisions to the terms and conditions provided herein shall be made in writing and executed by both you and
the Company before such alterations or revisions may take effect.
Your signature in the space provided below will acknowledge your acceptance of these terms of employment.
We are excited to have you as part of our team. We are confident that your employment with the Company will be beneficial to
both parties.
Respectfully yours,
Karen Quinia-Adducul
PH Talent Acquisition Leader
I hereby acknowledge the receipt of this Seasonal Employment Agreement and agree without qualifications or reservations to all
the terms and conditions stated herein.