CONTRACT OF EMPLOYMENT - Construction

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The key takeaways are that the document outlines the terms of employment for a new hire including compensation, benefits, duties and the process for regularization.

The purpose of the document is to formalize the terms of employment for a new hire during their probationary period.

The requirements for regularization include meeting standards in areas like dependability, trustworthiness, efficiency and attitude as evaluated monthly.

CONTRACT OF EMPLOYMENT

KNOW ALL MEN BY THESE PRESENTS:

This Regularization Contract of Employment is executed at City of Las Pinas by and between this ___ day of _______, 20___, by:

ARVIDERE CONSTRUCTION ENTERPRISE INC., a corporation duly organized and existing in accordance with the laws of the Republic
of the Philippines with principal office at 8C Chico Street, Verdant Acres Subdivision, Pamplona Tres, Las Pinas City, represented in
this act by its President Architect Jimsean F. Villa Del Rey, herein referred to as the EMPLOYER;

-AND-
FULL NAME, of legal age, Filipino and a resident of ADDRESS, herein referred to as the EMPLOYEE.

WITNESSETH: THAT-

WHEREAS, the EMPLOYER is engaged in the business of Architectural and Construction Services;

WHEREAS, the EMPLOYEE manifests and guarantees that he/she possess the qualities and competencies needed by the EMPLOYER
in the conduct and source of its business;

NOW THEREFORE, the parties hereby agree as follows:

Section 1. APPOINTMENT

The EMPLOYEE is hereby appointed as POSITION for regularization reckoned from the first day of actual work.

Section 2. REGULARIZATION OF EMPLOYMENT

Hence, during the probationary period, your work will be under observation to be determined by your actual work and shall be the
basis for your regularization. Your conversion to permanent status shall be primarily conditioned and dependent upon your
satisfactory service and performance of the work assigned to you and it is within the exclusive discretion of the Company to
determine whether or not such service is satisfactorily performed and on your having successfully passed/complied with our
established standards for regularization
The standard of regularization includes the following: (Exhibit A)
 Dependability
 Trustworthiness
 Efficiency
 initiative,
 attitude towards work/ the public/ the Company, its officers and co-employees
 cooperation
 client response
 judgment, punctuality
 quality/quantity of work
 educability
 articulateness
 professionalism
Note: An evaluation form shall be made at every end of the month during the probationary period which shall be kept and serve as
reference for regularization.

Section 3. COMPENSATION

The EMPLOYEE will receive a gross basic monthly rate of AMOUNT IN WORDS (Php ___________), subject to SSS premiums, Pag-ibig
contributions, Phil-Health dues and other government required deductions and an allowance of AMOUNT IN WORDS (Php ______).
In addition, the EMPLOYER will pay the mandatory 13 th month salary at the end of each calendar year and the EMPLOYER may at its
discretion provide performance bonuses. Annual and incremental salary adjustments and merit increases may be affected on a case
to case basis and upon recommendation of the immediate manager and upon approval of the management.

Section 4. VACATION AND BENEFITS

Upon regularization, EMPLOYEE will be entitled to seven (7) days vacation leave and seven (7) days sick leave for each year of actual
employment. EMPLOYEE is expected to accrue leaves before he can apply for it.

Section 5. 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 (Exhibit B) or as may be reasonably assigned to him by the company from time to time. The specific duties and
responsibilities of the EMPLOYEE are contained in the corresponding 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.

Section 6. PLACE OF WORK

EPMLOYEE’s primary place of work will be at Arvidere Construction Enterprise Inc. Office in Las Pinas City. Furthermore, the
employee agrees that the 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 the employees’ position.

Section 7. HOURS OF WORK

EMPLOYEE shall have minimum of Eight (8) hours of work per day but shall report her work at least Forty (40) hours 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.

Section 8. 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.
Section 9. CONFIDENTIALITY

In order to safeguard the Company’s interest and confidentiality of its business and affairs, the Employee acknowledges that
heretofore or hereafter during the course of his employment he may have knowledge or access to materials, records, data, trade
secrets, financial information, business plans, information agreed to be held as confidential with entities with whom the employer
has contracted and other information not generally available to the public regarding the Company and its subsidiaries, affiliates and
clients.

The Employee shall treat such information as confidential. If stored in a computer, the Employee must ensure that the Information is
stored securely and kept under password.

The Employee shall not, during the term of this Agreement or at any time thereafter, directly or indirectly use, permit others to use,
or disclose such any Confidential Information except as necessary: (a) in the course of performing duties as an employee of the
Company; (b) as may be required by law or by professional ethics.

Section 10. INTELLECTUAL PROPERTY

The Company shall be entitled to sole ownership of any intellectual property rights including but not limited to drawings, program
software, data, materials and other property rights created, developed and discovered by the Employee while in the course of his
employment with the Company, including all registrations for the same.

Section 11. 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
attorney’s fees incurred as a result of the breach of this Agreement or his willful act, omission, fraud or negligence.

Section 12. TERMINATION

Employer reserves the right to terminate or cancel this Contract after observing due process for just or authorized causes.
Termination may be due to any, but not 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 282-284 of the Labor Code of the Philippines
 Other causes provided in the company rules and regulations

Section 13. ACCEPTANCE OF TERMS AND CONDITIONS

Employee’s affixing of his signature on the herein Employment contract means that:

a) Employee has read and fully understood the terms and conditions hereof and accepts the same;

b) 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 stated above.

Arch. Jimsean F. Villa Del Rey


President
ARVIDERE CONSTRUCTION ENTERPRISE INC.

FULL NAME OF EMPLOYEE AND SIGNATURE ___________________


Date

SIGNED IN THE PRESENCE OF:

______________________________ ______________________________
(Signature over Printed Name) (Signature over Printed Name)
REPUBLIC OF THE PHILIPPINES)
CITY/MUNICIPALITY OF ______) SS.

ACKNOWLEDGMENT

BEFORE ME, a Notary Public for and in the (Province/City/Municipality) of _____________, personally appeared:

Name Passport/CTC No. Date/Place Issued

known to me and to me known to be the same person who executed the foregoing instrument which (he/she) acknowledged to me
as (his/her) free and voluntary act and deed, consisting of only ______ (____) page/s, including this page in which this
Acknowledgement is written, duly signed by (him/her) and (his/her) instrumental witnesses on each and every page hereof.

WITNESS MY HAND AND SEAL this _____________ at _____________, Philippines.

NOTARY PUBLIC
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of ______;
Republic of the Philippines)
Province of ____________________) S.S.
City/Municipality of _____________)
x--------------x

WAIVER, RELEASE AND QUITCLAIM

I, (full name of employee), Filipino, of legal age, (single / married / widow), and a resident of _____________, Philippines, after being
sworn to in accordance with law, depose and state:

1. That by these presents, I hereby state that I have voluntarily resigned as (indicate position) to ARVIDERE CONSTRUCTION
ENTERPRISE INC.

2. That I hereby acknowledge to have received from my employer the sum of __________________________ (P_____________)
which is in full and final satisfaction of my salary and other benefits that may be due me for the service which I have rendered for the
latter employer;

3. That I hereby declare that I have no further claims whatsoever against my employer, its President, members of the Board, officers
or any of its staff and that I hereby release and forever discharge all of them from any and all claims, demands, cause of action of
whatever nature arising out of my employment with the latter;
 

4. I further agree that this WAIVER, RELEASE AND QUITCLAIM may be pleaded in bar to any suit or proceeding (Civil, SSS, PhilHealth,
Medicare, Labor, etc.) to which either I, or my heirs and assigns, may have against my employer in connection  with my
employment with the latter and that the payment which I have received as provided herein should not in any way be construed as
an admission of liability on the part of my employer and is voluntarily accepted by me and will, if need be, serve as full and final
settlement of any amount(s) due me or any claims or cause of action, either past, present, future, which I may have in
connection with my employment with my employer;

5.As such, I finally make manifest that I have no further claim(s) or cause of action against my employer nor against any person(s)
connected with the administration and operation of the latter and forever release the latter from any and all liability.

IN WITNESS WHEREOF, I have hereunto set my hand this ______ day of ______ 20____ at _____________________, Philippines.

_____________________________
Signature over Printed Name

SIGNED IN THE PRESENCE OF:

______________________________ ______________________________
(Signature over Printed Name) (Signature over Printed Name)
SUBSCRIBED AND SWORN to before me, this _____ day of , 20____, by ____________________ who exhibited to me (his/her)
Community Tax Certificate No. _____________ issued at _________________, Philippines on ___________________.

Notary Public

Doc. No. ______;

Page No. ______;

Book No. ______;

Series of ______;
“Exhibit A”

Evaluation Form- Standard of Regularization

OFFICE BASED EMPLOYEE

Date: _________________

Name of Employee: ____________________________________________

Employment Status: ___________________________________________

Please indicate your rating of the performance of the employee in the categories below by circling the appropriate number, using a
scale of 1 (low) through 5 (high) in order to determine the capacity of the employee for regularization.

1- Very Poor 3- Average 5- Very Satisfactory

2- Poor 4- Satisfactory
 Dependability
1 2 3 4 5

 Trustworthiness
1 2 3 4 5

 Efficiency
1 2 3 4 5

 Initiative,
1 2 3 4 5

 Attitude towards work/ the public/ the Company, its


officers and co-employees 1 2 3 4 5

 Cooperation
1 2 3 4 5

 Client response
1 2 3 4 5

 Punctuality
1 2 3 4 5

 Quality/quantity of work
1 2 3 4 5

 Educability
1 2 3 4 5

 Articulateness
1 2 3 4 5

 Professionalism
1 2 3 4 5
“Exhibit B”

EMPLOYEE’S MEMO

Date: __________________

Project: ___________________________________________

Personnel Involve: __________________________________

Issued by: _________________________________________

Re: __________________________________________________________________

___ 1st Offense (Verbal Warning) ___ 3rd Offense (Suspension)

___ 2nd Offense (Written Memo) ___ 4th Offense (Termination)

REASON/S:

Recommended Action/s:
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________

Prepared by: Received by: Acknowledged by:

__________________ __________________ __________________

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