FIXED-TERM EMPLOYMENT CONTRACT

This Contract entered into this ______________, in City of Manila, by and

between:

________________________________________., a corporation
duly established and existing under the laws of the Republic of the
Philippines, with office address at
_______________________________________, represented
herein by its (please indicate representative officer, name and
designation) (thereafter referred to as ______________);

-and-

___________________________________________, of legal age,

Filipino, and with address at _______________________________
_____________________________-
_______________________________
(thereafter referred to as the “EMPLOYEE”).

WHEREAS, the EMPLOYEE has represented himself/herself to

___________ to be qualified and competent enough to work as (please indicate
position) and is willing to accept the said position;

WHEREAS, ___________ is willing to accept the EMPLOYEE as (please

indicate position) on a Fixed Employment basis from ______________ up to
_________________ subject to the conditions provided hereunder;

NOW, THEREFORE, for and inconsideration of the foregoing premises, the

parties hereby agree as follows:

1. JOB TITLE AND JOB DESCRIPTION

The EMPLOYEE is hired as (please indicate position) of _______. A detailed

description of the duties and responsibilities of (please indicate position) is hereto
attached as Annex “A” and made an integral part of this Contract. The said
description of the duties and responsibilities including the working hours may be
subject to change according to the needs of _________ but subject to due notice
to the EMPLOYEE. Any and all change/s will also form an integral part of this
contract.

2. TERM

_____________ agrees to grant to the EMPLOYEE a fixed employment

agreement commencing in ______________ and ending on ______________
unless sooner terminated either for any just or authorized cause as provided for in
the ________’s Code of Discipline and/or the Labor Code. This Contract is
deemed automatically terminated at the end of its term.
 Fixed Employment Contract
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3. PERFORMANCE EVALUATION

The EMPLOYEE acknowledges that this Contract is the only contract that governs
his/her employment relations with _________and no other. The EMPLOYEE
further recognizes that the _________ has no obligation to automatically extend to
his/her a contract of regular employment at the end of this contract. However, the
continuation of this employment is also subject to the standards for performance
evaluation which is outlined in Annex “B” which the EMPLOYEE hereby
acknowledges to have received and is fully aware of.

The performance of the EMPLOYEE during the entire period of this contract will
be subject to regular evaluation by the ___________ Operations Manager and/or
such other duly designated ________ officer. The evaluation will be made in
writing. The EMPLOYEE agrees that it is the prerogative of the ________ to
evaluate his/her performance. If the EMPLOYEE fails to meet the standards for
performance evaluation set forth by ____________, ____________may opt to pre-
terminate this contract and notify him/her in writing of its decision within a
reasonable period.

4. SALARY AND OTHER BENEFITS

The EMPLOYEE shall be paid a basic salary of _______________ gross per

month. The salary shall be paid either in cash or in check from which shall be
deducted where applicable SSS, PhilHealth, and PAG-IBIG contributions,
withholding taxes, and other mandatory deductions set forth by law.

(For Drivers and Pahinante)

The EMPLOYEE’s pay shall be on commission basis, computed 14% of the tariff
rate impose on the cargo multiplied by the number of deliveries he makes each
week. (Please see Schedule of Fees of Tariff Rate imposed on Cargoes as
Annex “C”)

5. ASSIGNMENT OF TASKS

The EMPLOYEE recognizes ___________’s right and sole prerogative to assign

and re-assign him/her to such other departments of __________ and cause
him/her to perform such other duties and tasks within the __________’s
organization due to exigencies and needs of _____________.

6. DISCIPLINE

All existing as well as future rules and regulations of ________ are hereby deemed
incorporated into this Contract and the EMPLOYEE recognizes that he/she is also
bound by all such rules and regulations.

On signing this Contract, the EMPLOYEE hereby recognizes _________’s right to

impose disciplinary measures which may include, but are not limited to written
warning, suspension, withdrawal of benefits and even termination of employment.
 Fixed Employment Contract
_____________________________
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7. OTHER EMPLOYMENT AND CODE OF CONDUCT

The EMPLOYEE agrees that she will only enter into another employment or
engage in any other business activity during the entire course of his/her
employment with ___________ after prior notice to ___________, and that the
violation of this undertaking will be a sufficient cause for his/her separation from
___________.

The EMPLOYEE further acknowledges that it is his/her duty and responsibility to

be aware of ___________’s Code of Conduct as well as all the rules and
regulations and that he/she is bound to observe them in good faith.

8. TERMINATION OF EMPLOYMENT

Aside from the just and authorized causes for the termination of employment
enumerated in Articles 282 and 284 of the Labor Code of the Philippines, the
following acts and/or omissions of the EMPLOYEE shall, without limitation,
similarly constitute just and authorized grounds for the termination of employment
by ___________ and/or grounds for ___________ to impose disciplinary
measures on the EMPLOYEE.

a. Gross inefficiency and incompetence in the performance of duties such as,

but not necessarily limited to, habitual and inexcusable absences and
tardiness from work, willful abandonment of employment or assignment;
b. Negligence in keeping ______________________ or student records, or
tampering with or falsification of the same;
c. Conviction of a crime, or an attempt on, or criminal act against the life of
any ___________ official, personnel, or student, or upon the property or
interest of ___________;
d. Disgraceful or immoral conduct inside our outside the work premises;
e. Gross violation of the policies, rules and regulations of _________;
f. Commission of act/s which results in a loss of confidence on the part of
___________ with regard to the EMPLOYEE’s ability to satisfactorily
perform the duties and requirements of his/her employment;
g. Serious misuse or abuse of ___________’s property, facilities and/or
resources;
h. Commission of act/s which may constitute a crime or offense against a
supervisor, co-employee or any official of ___________;
i. Failure to attain a satisfactory grade in two consecutive performance
evaluations made by ___________;
j. Intentional disregard of the disciplinary measures or sanctions imposed by
___________; and
k. Other similar acts, omissions and/or violations as defined and specifically
penalized in the ________’s Code of Conduct

This contract of employment may be terminated by ___________ for any of the

foregoing grounds by serving the EMPLOYEE a written notice of its intention to
terminate his/her employment and the particular acts or omission constituting the
ground for his/her dismissal. The EMPLOYEE may answer the charges against
him/her within five (5) days from the receipt of such notice.

This Contract may be terminated by ___________ for any of the foregoing

grounds. The procedure for the investigation, discipline and even possible
 Fixed Employment Contract
_____________________________
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termination of employment shall be those outlined under ___________ Code of

Conduct which the EMPLOYEE acknowledges to have read and fully understood.

In the event that the EMPLOYEE wishes to terminate this contract for any reason,
he/she must give a thirty (30) days written notice prior to the effective date of
his/her termination.

Upon termination of employment, the EMPLOYEE shall promptly account for,

return and deliver to the ___________ his/her identification card and all company
property which may have been assigned or entrusted to his/her care or custody.

Should the EMPLOYEE have other unpaid and/or pending obligations to

___________, monetary or otherwise, upon termination of his/her employment for
any reason or cause, the EMPLOYEE expressly agrees and authorizes
_____________ to make the necessary deduction from his/her salary, bonuses or
other benefits that may be due him/her, to effect settlement or payment of his/her
unpaid and/or pending obligations. This is without prejudice to the right of
___________ to effect payment of the obligations of the EMPLOYEE through other
legal means should the remaining salary or benefits of the EMPLOYEE be
insufficient to cover his/her unpaid and/or pending obligations.

9. RESTRICTIVE COVENANT

During the term of this Contract, the EMPLOYEE shall devote his/her best efforts
and his/her entire time to advance the interests of ___________.

10. ENTIRE AGREEMENT

This Contract represents the entire agreement between ___________ and the
EMPLOYEE and supersedes all previous oral or written communications,
representations or agreements between the parties.

IN WITNESS WHEREOF, the parties have executed this agreement at the place
and on the date first mentioned.

____________________________
By:

_____________________________

__________________________________
Employee

SIGNED IN THE PRESENCE OF:

_________________________ _________________________
 Fixed Employment Contract
_____________________________
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ANNEX “A”

(Indicate Rank or Title)

(JOB DESCRIPTION)

1. Teach advance English language; business correspondence

and writing skills (example only)
2. xxx xxx xxx
3. Performs such other duties and tasks as may be assigned by
the Manager.
 Fixed Employment Contract
_____________________________
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ANNEX “B”
STANDARDS FOR PERFORMANCE EVALUATION

External Appearance

The EMPLOYEE must keep himself/herself neat, well-groomed and presentable

at all times. The EMPLOYEE must carry himself/herself in a dignified and
respectful manner.

Attendance and Punctuality

The EMPLOYEE must strictly observe scheduled work-days, work hours and
break periods. The EMPLOYEE must be able to report to work regularly and on
time. Frequent absences, tardiness or under-timing are strictly forbidden.

Job Competence

The EMPLOYEE must prove his/her knowledge and understanding of the nature,
details and demands of the job. The EMPLOYEE must be able to demonstrate
ease in learning the rudiments of the job and understanding instructions.

The EMPLOYEE should attain a minimum of (set number of points or performance

score) in the performance evaluation. Failure to attain this rating will render the
EMPLOYEE liable for termination.

The EMPLOYEE satisfactorily abides, as determined by the Operations Manager,

by the terms and conditions of the EMPLOYEE’s specific job description (Annex
“A”).

Attitude

The EMPLOYEE must demonstrate a sincere interest and enthusiasm in his/her

job. The EMPLOYEE must show a positive outlook towards the vision and mission
of _____________ – its business, operations, beliefs and concerns. The
EMPLOYEE must show the willingness to learn and to overcome job difficulties.
The EMPLOYEE must be able to perform his/her job with a positive attitude even
while working under stress. This includes having the qualities of initiative,
responsibility and foresight.

Discipline

The EMPLOYEE must be able to comply with _____________’s rules and

regulations. The EMPLOYEE must be able to show maturity in accepting criticisms
and remarks regarding his/her work and attitude.

Attitude towards Co-employees, Superiors and Clientele of _____________

The EMPLOYEE must be able to show respect to his/her superiors, co-employees

and other clientele of _____________. The EMPLOYEE must be able to work well
with others. This includes the ability to work as part of a team.

Work Quality
 Fixed Employment Contract
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The EMPLOYEE must be able to prove to the satisfaction of ___________

administrators his/her advanced skills, initiative and competence in the duties and
responsibilities detailed and listed in his/her contract of employment.

I HEREBY AGREE TO THE FOREGOING STANDARDS WHICH THE

___________ MAY USE IN ITS DETERMINATION OF MY FITNESS TO REMAIN
AN EMPLOYEE OF ___________.

___________________________________
Employee

DATE: _________________

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES )

CEBU CITY ) S.S.

BEFORE ME, a Notary Public in the above jurisdiction personally came and
appeared the following:

Name Valid Gov’t ID Date/Place of Issue

________________________ _____________________ _____________________

________________________ _____________________ _____________________
________________________ _____________________ _____________________

known to me to be the same persons who executed the foregoing instrument which
is a Fixed Employment Contract which they acknowledged before me as their free
and voluntary act and deed including that of the Corporation herein represented.

WITNESS MY HAND AND SEAL this __ day of ______ 2016 at _______.

Doc. No.____;
Page No.____;
Book No.____;
Series of 2007.