Contract For Employment - Richard Espiritu
Contract For Employment - Richard Espiritu
Contract For Employment - Richard Espiritu
CONTRACT OF EMPLOYMENT
This Contract of Employment is executed made this May 05, 2020 by:
AND
TRUCKING
TRADING
HAULING AND CONSTRUCTION SERVICES
WHEREAS, the EMPLOYER hereby offers and the PROBATIONARY EMPLOYEE hereby
accepts probationary employment in the following rank-and-file position: MARKETING
MANAGER
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 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.
3.1. 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.
4. EVALUATION
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.
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.
6. WORK HOURS
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
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 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.
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:
The EMPLOYER undertakes to provide an updated version of said documents every time it
is updated.
9. 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.
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
11.2. EMPLOYEE agrees that he/she shall promptly disclose to the Company the
following:
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:
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.
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
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
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.
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
_________________________________ ______________________________
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.
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)
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