Contract of Regular Employment

CONTRACT OF REGULAR EMPLOYMENT

This Contract of Employment (the “Contract”) made and entered into this __ day of _______ 2016 at DECOTECH CORPORATION office by and between:

DECOTECH CORPORATION, a corporation organized and existing under Philippine law, with office address at 112 Fendler St, East Tapinac Brgy, Olongapo City (hereinafter referred to as the “FIRST PARTY”);

-And-

____________________________________________

Filipino, of legal age, and with residence address at __________________________________________________________________ (hereinafter referred to as the “SECOND PARTY”);

WHEREAS:

The FIRST PARTY is engaged in Construction, Painting, Steel structure;

NOW, THEREFORE, for and in consideration of the foregoing premises which form an integral part of this Agreement, the Parties agree as follows:

Starting from ____________, the FIRST PARTY employs the SECOND PARTY as regular employee, and the SECOND PARTY accepts regular employment from the FIRST PARTY.

As a general rule, the SECOND PARTY shall work in the department that shall be assigned to him/her which is subject to change upon prior notice by the FIRST PARTY. The SECOND PARTY agrees to be transferred to any work and/or work station for such periods as may be determined by the FIRST PARTY as the exigencies of its operations require.

It is being understood that the EMPLOYEE would be willing to render overtime work including during holidays upon instruction by his superior.

The EMPLOYEE agrees to be assigned to work in any work-shift (including night shift) that may be set by the EMPLOYER consistent with the Labor Code.

While employed with the FIRST PARTY, the SECOND PARTY shall refrain from engaging in any activity which is prejudicial to the interests of the FIRST PARTY or which interferes with the performance of his job, and (b) from working with any other First Party. The SECOND PARTY shall give immediate notice to the FIRST PARTY of any possible conflict of interest which he may have.

The SECOND PARTY shall render eight (8) hours of work (exclusive of a one-hour lunch break), 6 days a week starting from Monday to Saturday, in accordance with the working hours/shifts to which he may be assigned or re-assigned from time to time depending on the operational requirements of the FIRST PARTY.

For giving his entire time and attention to the work assigned to him, the SECOND PARTY shall receive a basic monthly salary of ________________________ (P __________) payable in two (2) installments not later than the 15th and 30th days of each month, at the SECOND PARTY place of work. It is understood that this amount already includes payment for all regular holidays and special days as defined by law, and shall be subject to deductions for under time or absences of the SECOND PARTY.

Work rendered during the SECOND PARTY rest day, regular holiday, special day, or in excess of eight (8) hours on any day shall be compensated with overtime and/or premium pay in accordance with Philippine law.

The SECOND PARTY shall be entitled to such other benefits available to regular Second Party’s under Philippine law.

In addition to the foregoing, the SECOND PARTY shall be entitled to the following benefits: applicable withholding taxes, SSS, Medicare and Pag-ibig premiums, and similar government-mandated deductions, and the deductions mentioned hereunder shall be deducted from the SECOND PARTY salary.  

The SECOND PARTY shall abide by the employment laws (specifically the Labor Code of the Philippines) and other relevant laws, and all the EMPLOYER's rules, regulations, policies and guidelines, which are made known at the time of the engagement of the SECOND PARTY.

Infraction of the foregoing rules, regulations, and terms of this agreement shall be dealt with in accordance with the Company’s Code of Discipline with its corresponding disciplinary action/s.

It is understood that at the time of the SECOND PARTY’s engagement, lawful and                                       reasonable rules and regulations of the FIRST PARTY with corresponding disciplinary action/s are being sufficiently made known to the SECOND PARTY at the time of his engagement which the latter understands and accepts.

The SECOND PARTY acknowledges and agrees that all records and documents of the FIRST PARTY and its clients, and their respective affiliates, and all information pertaining to their affairs are confidential, and that he shall not make any unauthorized disclosure, reproduction, copying or noting of the same at any time during or after his employment with the FIRST PARTY.

Furthermore, the SECOND PARTY acknowledges and agrees that his employment with the FIRST PARTY may require familiarity with confidential, technical and proprietary information (including source codes and object codes), methods of operation and trade secrets which belong to the FIRST PARTY or its affiliates, the unauthorized disclosure of which to any and all third parties would materially damage the FIRST PARTY and/or its affiliates.  

The SECOND PARTY shall hold such information in strictest confidence and shall not make use thereof other than for the performance of the services as agreed herein and will not disclose such information to any other party.  The SECOND PARTY agrees to abide by all appropriate procedures to ensure the protection of these confidential, proprietary, and technical and trade secret information.  The provisions of this Article shall survive the term of this Agreement.

In the event the SECOND PARTY violates the confidentially, conflict of interest provisions and/or any other obligation contained herein, the FIRST PARTY shall have the right to enjoin or restrain him from performing or continuing with such act through the appropriate processes.  In addition thereto, and without prejudice to any other rights of the FIRST PARTY under this Agreement or under the law, he shall be liable to the FIRST PARTY for damages, attorney's fees and other costs of litigation.  The payment of damages shall not discharge the SECOND PARTY from further compliance with said provisions/obligations.