(company logo) (DATE) NAME ADDRESS Dear NAME, We are pleased to offer you the position of (Position), under the (department name) of COMPANY NAME (the “Company”) effective _________. Official hire date of _________ is retained. Details of your compensation and other provisions applicable to your position are listed below: 1) Remuneration Package Your monthly gross salary is SALARY IN WORDS (PhpXXX,XXX.XX), which is equivalent to an annual gross salary of GROSS ANNUAL SALARY (PhpXXX,XXX.XX) (monthly gross salary multiplied by 13 months). 2) Overall Function You will report directly to the POSITON TITLE the Company, who will brief you on your mandate, accountabilities, duties and responsibilities and who will clearly specify how your performance will be measured against standards. 3) Company Leaves Shown below are your benefits, which shall follow implementing guidelines and cut-off of the company: (Leaves, other benefits - listed here) Company-provided facilities shall remain to be owned by the Company and the same may be accessed to at any time by the Company. Your acceptance to use said Company-provided facilities shall mean waiver of any right to confidential information contained in them. 4) Nature of Employment and Contract Period Your continued employment with the Company will depend on your actual performance and job fit as evaluated by your immediate superior(s) during the course of your employment. The Company shall determine whether or not such service is satisfactorily performed and on your having successfully passed / complied with its established standards for regularization which include, among others, the following reasonable standards/criteria: • • • • The effectiveness and timeliness of your output delivery and performance Your rate of progress in learning the scope of work assigned to you. Your work overall work attitude and discipline, particularly your attendance and punctuality in coming to work Compliance to the Code of Conduct Your employment will also be subject to all other Company policies, system and procedures applicable to your particular position or job, which will be the subject of an orientation upon your reporting for work. ____________________________________________________________ Employment Contract – EMPLOYEE NAME 1 of 6 (company logo) In case you intend to resign from the Company, you are required to notify the Company at least thirty (30) days prior to the effectivity of your resignation without prejudice to any accountabilities and/or liabilities you may have incurred during your employment. Your failure to comply with the stated period will render you liable for damages. However, it is within the sole discretion of the Company whether or not to accept such resignation earlier than the expiration of said period. 5) Obligations and Warranties During your employment, you obligate and warrant to the Company: a) To be responsible for the full and timely performance as and when due under, and observance of all the covenants, terms, conditions and agreements set forth in this Contract. b) To exclusively devote full time and attention in the performance of your duties and responsibilities under this Contract. c) To follow all reasonable and lawful orders and instructions which may, now or hereafter, be given by your superior/s and/or any manager or supervisor, acting concurrently or jointly with the superior/s d) To submit all relevant documents pertaining to your employment, including medical records, if necessary. You warrant that all documentation, information and credentials presented and submitted to the Company in support of your application for employment are authentic; and it is hereby agreed that in the event that any of the foregoing is proven to contain any false, inaccurate or misleading entry or misrepresentation, that the same will warrant the immediate termination by the Company of your employment and this Contract. e) To ensure that your performance of all the terms of this Contract does not and will not (i) breach or conflict with any prior agreement to which you are bound, (ii) compromise any right or trust relationship between the Company and a third party, or (iii) create a conflict of interest for you or the Company. f) To undertake to acquaint yourself and fully comply with all the rules, regulations, policies, systems and procedures of the Company, and to be subjected to and bound by existing and applicable Company policies. 6) Confidentiality You acknowledge that in the course of your employment, you may be exposed to, and acquire confidential and proprietary information of the Company, especially those that relates to the Company’s technologies, strategies and business practices particularly (i) all ideas, concepts, data, know-how, processes, products, models, equipment, documents, marketing and/or trade and business secrets. (ii) information labeled “Confidential” or “Proprietary” or similar documents identified and regarded by the Company as confidential or proprietary in nature. (iii) information concerning suppliers and customers and (iv) information regarding the skills and compensation of employees of the Company (collectively, the “Confidential Information”). During your employment, you shall hold the Confidential Information in utmost confidence and shall take all reasonable precautions to protect such Confidential Information. The confidentiality obligations as set forth in this section shall survive the termination of your employment for whatever reason. 7) Data Privacy ____________________________________________________________ Employment Contract – EMPLOYEE NAME 2 of 6 (company logo) In compliance with the requirements of Republic Act No.10173, also known as the Data Privacy Act of 2012, it’s Implementing Rules and Regulations (collectively, the “DPA”), circulars of the National Privacy Commission (the “NPC”), including any amendments thereto, this contract is hereby executed to ensure that you are fully informed about how the Company uses your personal information and that you agree to the collection, use, processing, storage, retention, and disposal or destruction of your personal information. From the moment you applied or were referred for a position with the Company, the Company may have asked you to provide personal data, or may request for further information during your employment with the Company. Such data may cover personal information (including sensitive personal information), such as but not limited to: a) Contact details, such as your name, home address, telephone numbers, e-mail address and contact details of others that you provide, such as who to contact in case of an emergency, details of your dependents and/or life assurance beneficiaries. b) Financial information relating to your compensation, benefits and retirement arrangements, such as details of your salary and any deductions, bank account, tax codes, tax identification number, social security number, Pag-Ibig and Philhealth numbers. c) Recruitment information, such as your resume or curriculum vitae, interview notes or application forms, job offer, background information and third-party references, NBI clearances, psychological/medical examination results, licenses and academic transcripts, certificates and/or diplomas. d) Employment administration information, such as employment and career history, case records, photographs, employment contract and/or other agreements with the Company, performance information (including appraisals or other internal communication), attendance records, official business travel, skills records, training records, records of projects worked on, and/or termination/separation details. e) Information about participation or involvement in any criminal, civil or administrative proceedings whether in relation to your position or not. f) Information about access and attendance to premises and physical assets, such as security records about times of entry and exit. g) Other information which you voluntarily provide in the course of application or employment that is necessary to hold or use for the purposes indicated below. (collectively referred to as “Personal Information”) Your Personal Information may have been or may be collected directly or indirectly from you, or from third parties to which you have provided such information. Use of Information Your Personal Information is used for the following purposes: a) Administration of employee-related activities and benefits, such as but not limited to recruitment; payment of salaries; provision of sickness and maternity benefits; assessment and training; timekeeping; staff and duty travel; monitoring of compliance with Company policy; performance management; advancement planning; and communication. b) Planning and management activities, such as but not limited to scheduling, rostering, progress monitoring, and forecasting. c) Support services, such as but not limited to, security (including use of security cameras, access to the building/parking), office administration, marketing, finance and legal (including bringing and defending suits) functions. d) Record keeping and databases purposes, so that the Company may perform its obligations as employer. e) Conduct of market research, profiling and data analysis so that it may improve on any products/services/facilities offered to you. ____________________________________________________________ Employment Contract – EMPLOYEE NAME 3 of 6 (company logo) f) Reporting as may be required by law. g) Data sharing with the Company’s subsidiaries, affiliates, and trusted partners for the abovementioned purposes so they can inform you of their products, improve the products/services/facilities that they offer to you, and/or cross-sell their products to you. Storage and Processing of Information Access to your information is only to those with a clear “need to know” for the purposes indicated above. Your information may be stored in paper or electronic formats in our data storage facilities or data servers. The Company has taken reasonable steps to safeguard your data by restricting who may access the same and by installing physical and electronic security systems. The Company may disclose your Personal Information to a contracted third-party which the Company has appointed to provide services to or for the Company. In this circumstance, the third-party will be provided with your Personal Information only in order to carry out the function/s for which they have been appointed. The Company will ensure that your right to privacy is maintained and the third-party is itself subject to the requirements of the Data Privacy Act (as may be amended). The Company will only store your information for as long as the purpose for collecting the same exists or as required by law, regulation, and our policies. Thereafter, it will destroy the same when retention is no longer necessary. Disclosure of Information Should the Company be requested and/or receive any request for disclosure of your Personal Information from the government or any regulatory agency, the Company shall ensure that there is a proper legal basis before making any such disclosure. Any disclosure other than what has been indicated herein shall only be done with your prior consent. Retention of Information The Company will retain your Personal Information during the term of your employment for the purposes indicated above. After the term of your employment (whether through resignation, retirement or termination), your Personal Information will be retained in compliance with applicable legal or regulatory requirements and archived as historical data of the Company. Your Personal Information shall be disposed of or destroyed as soon as the Company shall no longer need the same. You may request for a copy of the information the Company holds about you, which the Company may provide in paper or electronic format, provided that it is given reasonable time to extract and reproduce the same in accordance with the circumstances surrounding said request. In case of any errors, you may request to have the necessary correction or removal made. Unless there are legal, practical and contractual reasons, rest assured the Company will process your request. If you have any data privacy concerns, requests, objections to processing, complaints, and feedback on the foregoing, you may course the same through Human Resources. 8) Liability and Indemnity You shall indemnify, defend and hold the Company, its officers, directors, employees and agents, including its holding company and its affiliates, free and harmless from and against all claims, liabilities, fines, penalties, damages, losses and causes of action including, but not limited to death, bodily injury or damage to property occasioned by your negligence or misconduct relative to the performance of your obligations and responsibilities or, on account of your violation of the provisions of this contract, or any and all applicable laws, rules or regulations, or in any instance whatsoever where the Company may be impleaded as a party by reason of this contract. ____________________________________________________________ Employment Contract – EMPLOYEE NAME 4 of 6 (company logo) Accordingly, you give your consent for the Company to withhold and deduct from your compensation any and all amounts necessary to pay for all the costs and/or damages suffered by the Company resulting from your negligence, misconduct or any violation of the provisions of this contract, subject of course to due process. This shall be understood to be without prejudice to any other remedy which the Company may pursue against you. However, no liability shall attach to the Company should the latter fail to exercise such option. 9) Other conditions This offer is conditioned upon your submission of relevant documents pertaining to this employment offer, including medical records. It is understood that any misrepresentation on your part in regard to any information reflected in your employment documents will be sufficient basis for the Company to terminate your employment. Further, this offer is conditioned upon your acceptance of the terms and conditions of your engagement as specified herein, including the policies and guidelines governing them. In addition, while job orientation will be provided to introduce you to your job, it is incumbent upon you to be acquainted with all the policies affecting your employment with the Company. On behalf of COMPANY NAME, we welcome you into the organization and wish you a long and fruitful career with us. Sincerely, NAME Designation ____________________________________________________________ Employment Contract – EMPLOYEE NAME 5 of 6 (company logo) ACKNOWLEDGMENT I, _______________________, hereby accept and agree to be bound by the terms and conditions as expressed in this letter. I likewise acknowledge, recognize and agree that I have read the terms and conditions, and/or were fully explained to me in a language or dialect I can understand. Moreover, I knowingly and willingly consent to the collection, use, storage, processing, retention and disposal or destruction of my Personal Information in accordance with the terms and conditions stated above. I acknowledge, consent and warrant that my Personal Information was provided voluntarily and may be processed and made accessible to the Company’s employees, service providers, subsidiaries, affiliates, partners, and clients. I authorize the Company to obtain additional information about me through my use of products/services, social media, data-sharing with the Company’s subsidiaries and/or affiliates that have also obtained my consent or through research from other organizations (e.g. credit card associations, credit bureaus, fraud prevention agencies, online database). I hereby agree to hold the Company, its directors, officers and employees, free and harmless from and against any and all losses, expenses, liabilities and claims of any nature, which it may suffer or incur from or in connection with its reliance on the foregoing. ______________________________ Signature over printed name / Date ____________________________________________________________ Employment Contract – EMPLOYEE NAME 6 of 6
