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Contract For Employment - Richard Espiritu

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The key takeaways are that the document outlines an employment contract between Katedio Construction Trading & Dndf Contruction Trading and an employee named Richard E. Buenavente for the position of Marketing Manager. It details the terms of employment including compensation, duties, probation period, and evaluation process.

The company is engaged in trucking, trading, hauling, and construction services.

The employee's duties include administering quote preparation, managing marketing and PR strategies, coordinating market information, producing marketing collateral, and managing day-to-day work with the Sales and Marketing Assistant. The duties are extensive and cover many aspects of marketing.

KATEDIO CONSTRUCTION TRADING & DNDF CONTRUCTION TRADING

Phase 3 Commercial 1 Lot 4, Sta. Rosa Heights, JVA Commercial,


Barangay Putting Kahoy, Silang Cavite, Region lV A

CONTRACT OF EMPLOYMENT

KNOW BY ALL MEN BY THESE PRESENTS:

This Contract of Employment is executed made this May 05, 2020 by:

KATEDIO CONSTRUCTION TRADING & D.N.D.F CONTRUCTION


TRADING., herein referred to as the COMPANY, a partnership company
duly organized and existing in accordance with the laws of the Republic
of the Philippines, with principal office at Phase 3 Commercial 1 Lot 4,
Sta. Rosa Heights, JVA Commercial, Puting Kahoy, Silang Cavite,
Region IV A.

AND

RICHARD E. BUENAVENTE, of legal age, Filipino and a resident of


215 Garcia St. purok 3 Lumil, Silang Cavite herein referred to as the
EMPLOYEE.

WHEREAS, the EMPLOYER is engaged in the business of the following nature:

 TRUCKING
 TRADING
 HAULING AND CONSTRUCTION SERVICES

WHEREAS, the PROBATIONARY EMPLOYEE has qualified in the pre-employment


requirements of the EMPLOYER.

WHEREAS, the EMPLOYER hereby offers and the PROBATIONARY EMPLOYEE hereby
accepts probationary employment in the following rank-and-file position: MARKETING
MANAGER

NOW THEREFORE, the parties hereby agree as follows:

1. PERIOD OF PROBATIONARY EMPLOYMENT

The probationary period of the PROBATIONARY EMPLOYEE shall be for a period not
longer than Six (6) months starting form the first day of work of the PROBATIONARY
EMPLOYEE.

2. COMPENSATION

The PROBATIONARY EMPLOYEE shall be paid a commission in the following manner:


 The Employee receive a commission depend of the monthly sales
 The Employee signed the Memorandum of Agreement Contract for the
commission rate.
KATEDIO CONSTRUCTION TRADING & DNDF CONTRUCTION TRADING
Phase 3 Commercial 1 Lot 4, Sta. Rosa Heights, JVA Commercial,
Barangay Putting Kahoy, Silang Cavite, Region lV A

The EMPLOYER may, at its discretion, grant bonuses, allowances, or benefits not defined
in this contract. Such exercise of discretion shall not be considered as established practice
or

precedent and shall not be demandable under this Employment Agreement or any other
written or unwritten agreement.

3. DUTIES AND RESPONSIBILITIES

3.1. EMPLOYEE shall perform the duties and responsibilities that his/her position or
job necessarily entails, as may be contained in his/her job description or as may
be reasonable assigned to him/her by the company from time to time. The
specific duties and responsibilities of EMPLOYEE are contained in the
corresponding Scope of Work and Job Description, which herein Employee
acknowledges to have read and understood as a condition for his/her
regularization and entitlement to other benefits and promotions.

3.2. EMPLOYEE is obliged to perform his/her duties loyally, independently,


industriously to help meet the goals and objective of the Company and is
expected to carry out these responsibilities to the best of his/her knowledge and
abilities in order to protect and advance the interests of the Company, its
principals, and its employees. It is a condition of Employment that EMPLOYEE
maintains the necessary level of technical expertise in the performance of his/her
job, which may necessitate him/her to attend Courses and Certification
Programs, locally and internationally.

4. EVALUATION

The PROBATIONARY EMPLOYEE acknowledges and understands that regularization of


employment with the EMPLOYER is conditioned on satisfactorily meeting the standards det
forth as follows:

4.1. Attitude towards the public, the EMPLOYER, its officer, and co-employees.
4.2. Punctuality
4.3. Integrity

The standards upon which the EMPLOYEE will be evaluated on has likewise been
explained to the EMPLOYEE by the EMPLOYER at the time engagement.

The PROBATIONARY EMPLOYEE shall be evaluated by the following persons:

A. President
B. Chief Executive Officer

5. REGULARIZATION

By or before the end of the Six (6) month period, the PROBATIONARY EMPLOYEE shall
acquire regular status upon evaluation and recommendation of the above-mentioned
persons.

Upon regularization, the PROBATIONARY EMPLOYEE shall be entitled to all company


benefits and privileges enjoyed by all regular employees of similar rank and tenure.

6. WORK HOURS

The PROBATIONARY EMPLOYEE shall work with the following schedule:


KATEDIO CONSTRUCTION TRADING & DNDF CONTRUCTION TRADING
Phase 3 Commercial 1 Lot 4, Sta. Rosa Heights, JVA Commercial,
Barangay Putting Kahoy, Silang Cavite, Region lV A

6.1. Monday to Saturday


9:00 am to 6:00 pm
12:00 noon One (1) hour Lunch break
Sunday will be Rest-day

The work schedule may be changed by the EMPLOYER or its management as it may
deem necessary to meet its operational requirements.

The PROBATIONARY EMPLOYEE may be required to work more than his regular work
schedule due to the demands of the business or the requirements of the EMPLOYER. As a
non-agricultural field personnel, the PROBITIONARY EMPLOYEE will not be entitled to
overtime pay for work rendered over eight (8) hours on regular days, or on rest day and
holidays unless otherwise declared by the EMPLOYER.

7. PLACE OF WORK

The primary place of work of the PROBATIONARY EMPLOYEE shall be in:

7.1. The EMPLOYEE will report for work at the EMPLOYER’s Silang Branch at Phase
3 Commercial 1 lot 4, Sta. Rosa Heights, JVA Commercial, Puting Kahoy, Silang
Cavite.

The PROBATIONARY EMPLOYEE may be transferred or assigned to other locations as


may be required by the needs of the EMPLOYER.

The PROBATIONARY EMPLOYEE may be required to travel from time to time.

8. COMPANY RULES AND REGULATIONS

The PROBATIONARY EMPLOYEE shall follow all company rules and regulations, written
or otherwise. All existing and future company rules and regulations shall be deemed
incorporated in this AGREEMENT.

It shall be the duty and responsibility of the PROBATIONARY EMPLOYEE to be aware of


and comply with the EMPLOYER’s rules and regulations.

The PROBATIONARY EMPLOYEE has been provided with a copy of the following
documents which includes the rules and regulations of the EMPLOYER at the signing of
the AGREEMENT:

8.1. Employee Handbook


8.2. Copy of Job Description
8.3. Copy of Duties and Responsibilities

The EMPLOYER undertakes to provide an updated version of said documents every time it
is updated.

9. DRESS CODE

The PROBATIONARY EMPLOYEE shall observe the following dress code:

9.1. The employees have to wear semi-formal from Monday to Thursday. Casual
clothes can be worn on Friday and Saturday.
9.2. The employees have to wear proper toed footwear in the workplace.

10. NON-COMPETE CLAUSE


KATEDIO CONSTRUCTION TRADING & DNDF CONTRUCTION TRADING
Phase 3 Commercial 1 Lot 4, Sta. Rosa Heights, JVA Commercial,
Barangay Putting Kahoy, Silang Cavite, Region lV A

The PROBATIONARY EMPLOYEE shall not engage or be involved in a local or foreign


firm that is involved in a similar business as the EMPLOYER for the following period: (1)
year starting from the date of separation or termination without the written consent of the
EMPLOYER.

11. INTELLECTUAL PROPERTY

11.1. The Company shall be entitled to sole ownership of any intellectual property
rights including but not limited to software programs, hardware specification and
other

property rights created, developed and discovered by EMPLOYEE while in the


course of his/her employment with the Company, including all registrations for the
same.

11.2. EMPLOYEE agrees that he/she shall promptly disclose to the Company the
following:

A. All software programs, inventions, improvements, discoveries and


technical developments (‘inventions’) made, created or conceived by
him/her (either alone or with others) during the terms of employment,
B. All inventions which are based on proprietary information of the
Company and are made or conceived by employee (either alone or
with others),
C. Any documentation related to the inventions, which shall become the
company’s property, and
D. Web content and development concept, ideas, design, and
multimedia graphics and artwork.

11.3. EMPLOYEE hereby assigns to the Company his/her entire right, title and interest
in and to such inventios and documents, which relate in any way to or are useful
in the Company’s business and in the course of his/her employment.
EMPLOYEE shall do all acts necessary and/or required by the Company to give
effect to this provision. EMPLOYEE further agrees to cooperate with the
Company in the procurement and maintenance of patents, copyrights, and/or
other protection of the Company’s rights to such inventions/documents, content
designs and development, which shall automatically become the exclusives
property of the Company.

11.4. EMPLOYEE also waives his/her right to file for any copyright application for any
such inventions or concept, design, ideas while actively employed by the
company and within one (1) year after leaving the Company’s employ, a patent
application or copyright registration is filed by EMPLOYEE or on his/her behalf
describing and invention within the scope of his work for the company, or which
otherwise relates to a portion of the Company’s business of which he/she had
knowledge of and access to during his/her employment, EMPLOYEE agrees to
specifically state that “ the Invention, Concept, Design was conceived by her/him
within the scope of his employment with EMPLOYER.

12. NON-DISCLOSURE

The EMPLOYEE shall not divulge to any third party any part of his AGREEMENT, including
salaries and other remunerations unless legally required by law, statute, or any competent
authority.

13. CONFIDENTIALITY
KATEDIO CONSTRUCTION TRADING & DNDF CONTRUCTION TRADING
Phase 3 Commercial 1 Lot 4, Sta. Rosa Heights, JVA Commercial,
Barangay Putting Kahoy, Silang Cavite, Region lV A

13.1. The Employee understand and acknowledges that all records, documents, and
other information, written or otherwise, are confidential and shall not be disclosed
during and after employment with the EMPLOYER.

13.2. In order to safeguard the Company’s interest and the confidentiality of its
business and affairs, Employee agrees that during the term of his/her
employment and form

and after the actual cessation of his/her employment, he/she shall maintain strict
confidentiality and shall not disclose any technical, business, financial or
commercial information, methods, processes, inventions (whether covered by
intellectual property protection or not or whether marked confidential or not)
including but not limited to: customers, customer lists or requirements, price lists,
pricing structure, marketing and sales promotion, product lines research
activities, plan designs, formulate whether authored by EMPLOYEE or otherwise
– to suit EMPLOYEE’s purpose or those of any other person, company, business
entity or other organization whatsoever.

13.3. A trade secret is any information, process or idea that is not generally known in
the industry, that the Company considers confidential, and that gives the
EMPLOYER a competitive advantage. Examples of trade secrets includes:

A. Technical plans, chart, drawings, and other materials containing


technical data and information,
B. Computer program listings, source codes and object codes
C. All information relating to programs now existing or currently under
development
D. Customer lists and records, sources of purchasing and all other
information related to vendors and suppliers.

13.4. During and after EMPLOYEE’s term with the company, he/she shall at all times
practice good discretion, ask permission and seek prior approval from the
company in the use or disclosure of any company documents – technical or
business information, or any information which one might reasonably expect the
company to regard as confidential, whether transmitted or acquired from the
Company’s customer, suppliers, or other persons – to any person, company or
entity.

13.5. EMPLOYEE must formally declare that he/she has properly tendered his/her
resignation from his/her previous employer and is free from any obligation to
them, not bound to any other company, or subject to any non-competition clause.
Employee shall neither disclose to the Company nor induce the Company to use
any confidential information or material, which belongs to his/her former
employer.

13.6. The obligations contained in this paragraph shall cease to apply to any
information or knowledge, which may subsequently come into the public domain
after the termination of employment, other that by way of notarized disclosure

13.7. Failure to comply with this confidentiality undertaking shall be construed and
considered as Gross Misconduct and shall be deemed a ground for the
termination of his employment.

14. TERMINATION OF PROBATIONARY EMPLOYMENT


KATEDIO CONSTRUCTION TRADING & DNDF CONTRUCTION TRADING
Phase 3 Commercial 1 Lot 4, Sta. Rosa Heights, JVA Commercial,
Barangay Putting Kahoy, Silang Cavite, Region lV A

The EMPLOYER may terminate the probationary employment prior to the expiration of the
probationary period upon failure of the PROBITIONARY EMPLOYEE to satisfactory meet
the standards provided in this AGREEMENT or for any of the just or authorized causes
provided by law, including analogous causes specified in the company rules and
regulations or policy.

Termination may be due to any, but not necessarily limited to the following:

A. Inefficiency;
B. Incompetence;

C. Tardiness;
D. Insubordination;
E. Breach of confidentiality and non-disclosure
F. Violation of company’s intellectual property rights;
G. Just and authorized cause enumerated in Article 282,283, and 284 of
the Labor Code;
H. Other causes provided in the Company Rules and Regulations; and
I. Other analogous causes

15. RESIGNATION OF THE EMPLOYEE

The PROBATIONARY EMPLOYEE shall give a written notice of their intention to resign
from their employment at least thirty (30) days prior to the effective date of their resignation
addressed to the following:

 Executive
 Managerial
 Superior

16. ACCEPTANCEOF TERMS AND CONDITIONS

EMPLOYEE’s affixing of his/her signature on the herein Contract of Employment 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/her employment
have been clearly communicated to and accepted by him/her at the
time of his/her engagement.

IN WITNESS WHEREOF, the parties have hereunto affixed their signature on the date and
place first stated above.

KRISNA MAE C. MACABENTA MARLON D. AMBATA


Employer Employee

MELINDA N. DIONEDA
Employer
KATEDIO CONSTRUCTION TRADING & DNDF CONTRUCTION TRADING
Phase 3 Commercial 1 Lot 4, Sta. Rosa Heights, JVA Commercial,
Barangay Putting Kahoy, Silang Cavite, Region lV A

SIGNED AND WITNESSED BY:

_________________________________ ______________________________

SALES & MARKETING MANAGER JOB DESCRIPTION

Post & Job Title


Sales and Marketing Manager

Location
Silang Cavite

Working Hours
Flexible – 20 hours per week normally 4 hours per day

Reporting To
Managing Director

Responsible For
Sales and Marketing Assistant

Working With
Managing Director and all other employees

Purpose of Job
o To manage the receipt, handling, and escalation of all sales enquiries;
o To administer the preparation of quotes;
o To create and implement a Marketing and PR strategy;
o To identify and co-ordinate market information on behalf of D.N.D.F Construction Trading;
o To produce appropriate marketing collateral as required;
o To produce appropriate PR collateral as required;
o Manage the day to day work of the Sales and Marketing Assistant;
o Other tasks as required.

Main Duties and Responsibilities

To manage the receipt, handling, and escalation of all sales enquiries


o To receive and co-ordinate all sales enquiries in line with the company’s sales process
o To monitor the status of all live enquiries to ensure all Company and enquirer actions are
completed in a timely professional manner and escalated to the MD when required
o To ensure that all quotes and associated files are linked to an enquiry
o To follow up sales activities with clients & potential clients
o To chase and analyze the reasons for failure to turn an enquiry into a
o new order
o To monitor company sales KPIs and sales performance

To administer the preparation of quotes


o To credit <COMPANY> all potential new clients prior to completion of a quote
o To liaise with the sales team to capture all necessary information for
KATEDIO CONSTRUCTION TRADING & DNDF CONTRUCTION TRADING
Phase 3 Commercial 1 Lot 4, Sta. Rosa Heights, JVA Commercial,
Barangay Putting Kahoy, Silang Cavite, Region lV A

o quotes and to manage the dispatch of quotes to agreed timescales


o To chase outstanding quotes to agreed timescales

To create and implement a Marketing and PR strategy


o Create a marketing and PR strategy for the company to be approved by the directors
o Create a marketing and PR plan to be approved by the directors for the company based on
a rolling 12-month period based on the approved strategy
o Update the marketing and PR plan on a quarterly basis
o Identify potential areas for marketing opportunities locally, nationally and throughout the EU
o Identify areas for PR opportunities locally, nationally and throughout the EU

o Create and implement a marketing and PR strategy and plan for specific areas of business
as and when launched (for example for EC Rep and training courses)

To co-ordinate market information on behalf of <COMPANY>:


o Co-ordinate the market and client news in order to produce sales leads, brief staff and have
a repository of live information
o Use the repository of market information to produce a regular blog
o Produce a company newsletter (medical device watch) monthly and other e-mail shot when
required

To produce appropriate marketing collateral as required


o Produce and organize the company’s marketing collateral e.g. leaflets,
o banners, flyers, brochures, etc.
o Maintain and manage the development of the company’s various
o websites
o Manage website PPC campaigns

To produce appropriate PR collateral as required


o Produce and organize the company’s PR collateral e.g. press releases, articles, podcasts,
blog, responses to questions on linked in groups etc.
o To manage and develop appropriate forms of social media including (but not limited to)
Twitter, Linked In, Facebook

Manage the day to day work of the Sales and Marketing Assistant
o Delegate marketing, sales and PR activities to Assistant where appropriate
o Actively encourage the development of the Assistant
o Line manage the Assistant with regards to personnel and HR responsibilities and issues

Other tasks as required


o Organize and implement all other marketing and PR activities as briefed
o Actively chase new leads as required
o Attend Sales and Marketing meetings
o Attend Operations meeting
o Attend Staff meetings
o Attend Senior Management Meetings including Management Review

Other Duties and Responsibilities


o Answering telephone calls
o Carry out administrative inductions with new members of staff to the team
o Attend training courses, exhibitions & shows as and when required
o Carry out any other duties as may be required by the company from time to time
KATEDIO CONSTRUCTION TRADING & DNDF CONTRUCTION TRADING
Phase 3 Commercial 1 Lot 4, Sta. Rosa Heights, JVA Commercial,
Barangay Putting Kahoy, Silang Cavite, Region lV A

o Participate in the continual improvement of the company’s Quality and Environmental


systems

Posted on: Date: May 15, 2020

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