bmsc employment contract-reviewed

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October 7, 2015 _________________ _________________ _________________ Dear Mr./Ms. _________________: This agreement dated ___________ and is by and between you and Bosh Megatrade & Services Co. 1. BOSH MEGATRADE & SERVICES CO. hereby employs you as _____________________, a position of trust and confidence, and upon the terms and conditions as set forth below: 2. JOB SUMMARY _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ ____________________________________________________ 3. SPECIFIC RESPONSIBILITIES a. _________________________________________________________________ ___________ b. _________________________________________________________________ ___________ c. _________________________________________________________________ ___________ d. _________________________________________________________________ ___________

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Page 1: BMSC Employment Contract-reviewed

October 7, 2015

___________________________________________________

Dear Mr./Ms. _________________:

This agreement dated ___________ and is by and between you and Bosh Megatrade & Services Co.

1. BOSH MEGATRADE & SERVICES CO. hereby employs you as _____________________, a position of trust and confidence, and upon the terms and conditions as set forth below:

2. JOB SUMMARY________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

3. SPECIFIC RESPONSIBILITIESa. ____________________________________________________________________________b. ____________________________________________________________________________c. ____________________________________________________________________________d. ____________________________________________________________________________e. ____________________________________________________________________________f. ____________________________________________________________________________g. ____________________________________________________________________________h. ____________________________________________________________________________i. ____________________________________________________________________________

4. IMMEDIATE SUPERIOR

You shall report to the ___________________ of ______________________ department.

5. PROBATIONARY STATUS

Your engagement shall initially be on a probationary period status for a period not to exceed six (6) months, commencing on ______________ unless sooner terminated in writing, on or before the latter date for valid cause/s such as but not limited to the following:

Page 2: BMSC Employment Contract-reviewed

a) Failure to meet the Company’s performance standards as shown, among others, by two (2) “below target” evaluations within your period;

b) Any misrepresentation in respect to your previous employment, qualification, educational attainment, personality or character and/or any medical findings;

c) Violation of any Company Policy and/or any provisions in the Company’s Code of Conduct and applicable memos;

d) Changes in BOSH MEGATRDE & SERVICES CO’s direction affecting the offered position;

e) Outsourcing in good faith of your job functions; and

f) Other just or authorized causes as provided under the Labor Code of the Philippines.

6. PROBATIONARY EVALUATION

Your performance shall be rated initially at the end of the third (3rd) month. Thereafter, you shall be informed by your immediate superior of your performance evaluation. In case of poor performance evaluation which your supervisor believes can still be improved, your immediate superior shall work performance standard which you shall undertake to achieve for the next three months in order to qualify for regular position.

On or before the end of the six (6) month period, your performance shall be again be rated by your direct superior and your regular appointment shall be confirmed if your immediate superior finds that you have satisfactorily met the standards required for the position.

In the event your services are terminated by us whether for failure to meet the standards for regular employment or for other valid causes, we shall notify you in writing of your separation from employment to be effective on the expiration of your probationary period.

7. COMPENSATION

During the said period of probation, you shall be paid a GROSS compensation of ______________ (Php __________) per month, to be payable in semi-monthly on the 15th and the last day of a calendar month. Applicable withholding taxes, SSS, PhilHealth, HDMF premiums/loans accounts and similar government-mandated deductions shall be made on your payroll. In addition to government-mandated benefits, you shall, likewise, be entitled to other benefits accorded to a regular employee of BOSH MEGATRDE & SERVICES CO. upon confirmation to regular status.

Page 3: BMSC Employment Contract-reviewed

8. WORKING HOURS

You will abide by the working hours prescribed for your position, which is generally eight (8) hours per day, six (6) days a week. You are expected to be in the office/work site unless on official business outside, which outside business shall be cleared with your immediate superior beforehand.

9. LEAVE BENEFITS

After regularization, you are entitled to the following leave benefits:

a) Vacation leave of __ days per year, after a year of continuous service;b) Sick leave of __ days per year, wherein ___ days maybe availed if necessary, after

regularization.

10. OPTIONAL HMO COVERAGE

At your option, you may apply for Health Maintenance (HMO) coverage upon confirmation to regular status, subject to terms and conditions of BOSH MEGATRDE & SERVICES CO’s HMO program. Fifty (50) percent of the premium due on such HMO coverage shall be borne by BOSH MEGATRDE & SERVICES CO.

11. COMPLIANCE WITH RULES

You agree to fully comply with BOSH MEGATRADE & SERVICES CO. rules and regulations, including its pre-employment requirements which were made known to you before the start of your employment on the above mentioned date.

In particular, you shall devote your entire time and energies in the business, and shall not during the term of this Agreement be engaged in any other business activity whether or not such business activity is pursued for gain, profit or other pecuniary advantage.

You are expressly prohibited from engaging in private practice, whether for pecuniary benefit or pro-bono. Any legal representation in behalf of family shall only be allowed for urgent reasons directly affecting your immediate family, and only while independent representation by a third party is being sought and has not yet been procured. Written disclosure and permission must be sought for the exception.

12. DISCLOSURES

You have no pending or intended immigration application, plans of relocation outside Metro Manila, a pending work application with another Company on whose acceptance you intend to resign from this Company, study plan, diagnosis of cancer or life-threatening illness, hypertension or any other medical condition that is likely to be exacerbated by stress, and are

Page 4: BMSC Employment Contract-reviewed

not undergoing or have recently undergone cancer therapy, chemotherapy, cobalt, or radiation treatment. You do not suffer from habitual alcoholism and do not ingest prohibited drugs. All these factors are material in the Company’s decision to hire you, and not someone else.

13. PERFORANCE EVALUATION

As an employee, you are covered by the Company’s performance management policy, whereby your performance shall be evaluated by your direct superior. If you obtained two (2) consecutive “below target” ratings, such ratings amount to a finding of inefficient service on your part and thus, shall be a valid and just cause for your separation from Bosh Megatrade & Services Co.

14. TRAINING AND DEVELOPMENT

You agree that in order to enhance your skills and expertise in your job/function, you will be undergoing trainings, seminars and conferences as may be required by the Company.

The cost, fees and other related expenses, shall be for the account of the Company. However, in every trainings attended, especially those over sixteen (16) hours or two (2) days or out of the country, you agree that the training expenses to be incurred by the Company are in the nature of an investment for the use of your future services, for which reason you agree that for every major training attended, at the request of the Company exclusively, after training for not less than one (1) year from the last day of such training. Pursuant to this understanding, you agree, should you leave the service of the Company before the end of the above period, to reimburse the Company, among other remedies available to it, the training expenses incurred to be computed based on the following formula:

Remaining number of months or yearsto be rendered per undertaking_______________________________ x training cost = reimbursable training expenses

Total number or month or year tobe rendered per undertaking

If separation was initiated by the Company, the reimbursable expenses provided in the immediately preceding paragraph shall not apply.

The reimbursement shall be taken from your terminal pay. For this purpose you hereby give you consent for Bosh Megatrade & Services Co. to deduct the reimbursement from your terminal pay. However, in the event that your terminal pay is not sufficient to cover the amount of training cost abovementioned, you undertake to pay the balance immediately and/or to issue a promissory note and/or post dated check payable to the Company.

Page 5: BMSC Employment Contract-reviewed

15. CONFIDENTIALITY

All records and documents of Bosh Megatrade & Services Co., officers, directors, employees and clients, as well as all information pertaining to their affairs are confidential, and no unauthorized disclosure or reproduction of such information shall be made by you at any time during or after your employment with us. All records, documents and properties of the Company or its clients in your custody shall immediately be surrendered to the Company, if requested during the employment period, and at the termination thereof, whether or not requested.

Employee recognizes that Bosh Megatrade & Services Co. is the sole and exclusive owner of all records, design, plans, computer files, documents, etc., that he/she may acquire, develop, author, or create during the term of employment.

Using, accessing, copying, transmitting and transferring company data or information residing in servers, data folders, archives or any storage devise of Bosh Megatrade & Services Co. is prohibited for personal use of for any non-company related work. Copying, transmitting and transferring company data or information after termination of employment, regardless of cause, is strictly prohibited.

In addition to other remedies provided for by law, any violation of this provision shall be a ground for termination of employment and shall entitle Bosh Megatrade & Services Co. to recover damages from the employee.

16. NON-COMPETITION CLAUSE

You agree to refrain for a period of six (6) months after the termination of your employment with Bosh Megatrade & Services Co. from engaging in an activity which is prejudicial to the interest of Bosh Megatrade & Services Co. or from joining a direct competitor of the company. Should you violate this provision, the Company reserves its right to initiate the necessary legal action against you, including the procurement of the necessary restraining orders and injunctions, in addition to other available legal remedies.

17. ENTIRE AGREEMENT

It is expressly agreed and understood that there are no verbal agreements or understandings between you and Bosh Megatrade & Services Co. affecting this agreement and that no alterations or variations of the terms hereof shall be binding upon either party to this agreement unless the same was reduced to writing and signed by you and Bosh Megatrade & Services Co.

If you are agreeable to the foregoing conditions, kindly signify your acceptance of the terms and conditions stated herein by signing the space provided below.

Page 6: BMSC Employment Contract-reviewed

Very truly yours,

________________________________

I hereby certify that I have read and understood the foregoing, including its attachments, and that I freely and voluntarily accept the terms hereof.

________________________________