Employment Contract Template

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 7

EMPLOYMENT CONTRACT

This Employment Agreement is made and effective as of


[May/29/2024] by and between:

Employer: [FLA06 CONSTRUCTION] ( Individual Name ✘ Business Name) having its


principal place of business (address) at: [Purok 5, Brgy. Luyos Tanauan Batangas City], AND

Employee: [______________________] with a mailing address of


[_______________________].

IN CONSIDERATION of promises and other good and valuable consideration the parties agree
to the following:

1. EMPLOYEE DUTIES. The Employee agrees that they will act in accordance with this
Agreement and with the best interests of the Employer in mind, which may or may not
require them to present the best of their skills, experience, and talents to perform all the
duties required of the position. In carrying out the duties and responsibilities of their position,
the Employee agrees to adhere to any and all policies, procedures, rules, regulations, as
administered by the Employer. In addition, the Employee agrees to abide by all local,
county, State, and Federal laws while employed by the Employer.

2. RESPONSIBILITIES. The Employee shall be given the job title of: [_________________]
(the “Position”) which shall involve:

The Employer may also assign duties to the Employee from time to time as deemed
necessary by the Employer. The Employee shall be expected to work: (check one)

✘ Full-time
Part-time

3. EMPLOYEE BENEFITS. During the employment period, the Employee shall be eligible to
participate in benefits established by the Employer. These include:

SOCIAL SECURITY SYSTEM


PHILHEALTH
PAG IBIG FUNDS

The aforementioned benefits may be changed at any time by the Employer.

Employee’s Initials: _______ Employer’s Initials: _______ Page 1 of 7


4. EMPLOYMENT PERIOD. The Employer agrees to hire the Employee: (check one)

- At-Will (Option 1), which means this Agreement may be terminated at any time by
either the Employee or Employer. After termination by either of the Parties, neither
will have any obligation other than the non-disclosure of the Employer’s proprietary
information as outlined in Section 13 and any non-compete listed in Section 14.

a) Employee’s Termination. The Employee shall have the right to terminate


this Agreement by providing at least [#] days’ notice. If the Employee should
terminate this Agreement, the Employee SHALL SHALL NOT be
entitled to severance, equal to their pay at the time of termination, for a period
of [TIME PERIOD].

b) Employer’s Termination. The Employer shall have the right to terminate this
Agreement by providing at least [#] days’ notice. If the Employer should
terminate this Agreement, the Employee SHALL SHALL NOT be
entitled to severance, equal to their pay at the time of termination, for a period
of [TIME PERIOD].

- For a Specified Time-Period (Option 2), beginning on


[MM/DD/YYYY] and ending on [MM/DD/YYYY]. At the end of said time-period, both
parties will no longer have any obligation to one another.

a) Employee’s Termination. The Employee *SHALL SHALL NOT have


the right to terminate this Agreement.
*If allowed, the Employee shall be required to provide at least [#] days’ notice.
If the Employee should terminate this Agreement before the expiration date,
the Employee SHALL SHALL NOT be entitled to severance, equal to
their pay at the time of termination, for a period of [TIME PERIOD].

b) Employer’s Termination. The Employer *SHALL SHALL NOT have


the right to terminate this Agreement.
*If allowed, the Employer shall be required to provide at least [#] days’ notice.
If the Employer should terminate this Agreement, the Employee
SHALL SHALL NOT be entitled to severance, equal to their pay at the
time of termination, for a period of [TIME PERIOD].

5. PAY. As compensation for the services provided, the Employee shall be paid
$[PAY] per hour salary on an annual basis (the “Compensation”).

Employee’s Initials: _______ Employer’s Initials: _______ Page 2 of 7


The Compensation is a gross amount that is subject to all local, State, Federal, and any
other taxes and deductions as prescribed by law. Payment shall be distributed to the
Employee on a: (check one) weekly bi-weekly monthly quarterly annual basis.

a) Commissions. In addition to the aforementioned Pay, the Employee shall be entitled


to commissions that are to be paid every [FREQUENCY (E.G., MONTH)] and shall
be calculated as follows:

[DESCRIBE HOW COMMISSIONS ARE CALCULATED (IF ANY)].

b) Bonus. The Employee shall be entitled to Bonuses on a [FREQUENCY (E.G.,


MONTHLY)] basis which is to be calculated as follows:

[DESCRIBE HOW BONUSES ARE CALCULATED (IF ANY)]

6. OUT-OF-POCKET EXPENSES. The Employer agrees to reimburse the Employee for any
expenses that are incurred, including: (check all that apply)

- Travel
- Food
- Lodging
- Other: [OTHER EXPENSES].

7. OWNERSHIP INTEREST. This Agreement SHALL NOT *SHALL include partial


ownership in the business operations of the Employer.
*If such ownership is offered, the details shall be stated in an attached Exhibit.

8. TRIAL PERIOD. Other than certain benefits prescribed by law, the Employee will not be
eligible for Benefits, Vacation Time, or Personal Leave until after the first [#] days of
employment (the “Trial Period”). In addition, the Employee will not be eligible for vacation
time, sick leave, or any time off that would be paid or unpaid.

9. VACATION TIME. After the Trial Period is complete, the Employee is entitled to [#] days off
per year It is required for the Employee to give notice before scheduling their vacation in
accordance with Company policy.

Any unused Vacation Time shall be (check one):

- Converted to cash at the end of the year at a rate of $[RATE] per day.
- Eligible to rollover up to [#] days to the next year.
- Forfeited at the end of the year.
- Other: [OTHER].
10. PERSONAL LEAVE. After the Trial Period, the Employee shall be eligible for
[#] days of paid unpaid time off per year for personal or medical issues.

Employee’s Initials: _______ Employer’s Initials: _______ Page 3 of 7


Any unused Personal Leave shall be: (check one)

- Converted to cash at the end of the year at a rate of $[RATE] per day.
- Eligible to rollover up to [#] days to the next year.
- Forfeited at the end of the year.
- Other: [OTHER].

If for any reason the Employee depletes their allotted number of days of personal leave in a
given year, the Employee MAY MAY NOT be able to use any remaining vacation time.

11. FEDERAL HOLIDAYS. The Employee shall be entitled to [#] federal holidays per calendar
year. This is subject to change by the Employer from time to time. If for any reason the
Employee should request a Federal Holiday off, the Employer shall determine if the
Employee may do so and if it shall be taken from either the Employee’s Personal Leave or
Vacation Time. Federal Holidays are determined by the Employer and may change every
calendar year.

12. DISABILITY. If for any reason the Employee cannot perform their duties, by physical or
mental disability, the Employer may terminate this Agreement by giving the Employee
[#] days’ written notice.

13. CONFIDENTIALITY. The Employee understands and agrees to keep any and all
information confidential regarding the business plans, inventions, designs, products,
services, processes, trade secrets, copyrights, trademarks, customer information, customer
lists, prices, analytics data, costs, affairs, and any other information that could be considered
proprietary to the Employer (the “Confidential Information”). The Employee understands that
disclosure of any such Confidential Information, either directly or indirectly, shall result in
litigation with the Employer eligible for equitable relief to the furthest extent of the law
including, but not limited to, filing claims for losses and/or damages. In addition, if it is found
that the Employee divulged Confidential Information to a third (3rd) party, the Employer shall
be entitled any and all reimbursement for their legal and attorney’s fees.

a) Post Termination. After the Employee has terminated their employment with the
Employer, the Employee shall be bound to Section 13 of this Agreement for a period
of [#] Months Years (the “Confidentiality Term”). If the Confidentiality Term is
beyond any limit set by local, State, or Federal laws, then the Confidentiality Term
shall be the maximum allowed legal time-frame.

Employee’s Initials: _______ Employer’s Initials: _______ Page 4 of 7


14. NON-COMPETE. (check one)

- There shall be NO Non-Compete established in this Agreement.

- During the term of employment, the Employee understands that he or she will be
subject to learning proprietary information, including trade secrets, which could be
applied to competitors of the employer. Therefore, in order to protect the fiduciary
interests of the Employer, the Employee agrees to: (check all that apply)

- Withhold from working in the following industry(ies) / area(s):


[LIST AREAS OR INDUSTRIES (OPTIONAL)].

- Withhold from working for the following employer(s):


[LIST EMPLOYERS (OPTIONAL)].

- Other: [OTHER RESTRICTIONS (OPTIONAL)].

This Non-Compete shall be in effect for [#] Months Years following the date of
Employee’s termination.

The jurisdiction of this Non-Compete shall cover the area(s) of:


[ENTER NON-COMPETE JURISDICTION].

This Section shall be applied to the Employee engaging, directly or indirectly, in any
competitive industry. This includes, but is not limited to:

a) Communicating with related business owners, partners, members, officers, or


agents;
b) Being employed by or consulting any related business;
c) Being self-employed in a related business; or
d) Soliciting any customer, client, affiliate, vendor, or any other relationship of
the Employer.

15. EMPLOYEE’S ROLE. The Employee SHALL SHALL NOT have the right to act in the
capacity of the Employer. This includes, but is not limited to, making written or verbal
agreements with any customer, client, affiliate, vendor, or third (3rd) party.

16. APPEARANCE. The Employee must appear at the Employer’s desired workplace at the
time scheduled. If the Employee does not appear, for any reason, on more than [#] separate
occasions in a 12-month calendar period, the Employer has the right to terminate this
Agreement immediately. In such event, the Employee would not be granted severance as
stated in Section 4.

Employee’s Initials: _______ Employer’s Initials: _______ Page 5 of 7


17. NOTICES. All notices that are to be sent under this Agreement shall be done in writing and
delivered via Certified Mail to the following mailing addresses (select one):

Employer
Same as Principal Office Address (Business Address)
Other Address: [OTHER ADDRESS].

Employee
Same as Mailing Address
Other Address: [OTHER ADDRESS].

The aforementioned addresses may be changed with the act of either party providing written
notice.

18. COMPLIANCE. The Employee agrees to adhere to all sections of this Agreement in addition
to any rules, regulations, or conduct standards of the Employer including obeying all local
and federal laws. If the Employee does not adhere to this Agreement, company policies,
including any task or obligation that is related to the responsibilities of their position, the
Employer may terminate this Agreement without severance as stated in Section 3.

19. RETURN OF PROPERTY. The Employee agrees to return any and all property of the
Employer upon the termination of employment. This includes, but is not limited to,
equipment, electronics, records, access, notes, data, tests, vehicles, reports, models, or any
property that is requested by the Employer.

20. AMENDMENTS. This Agreement may be modified or amended under the condition that any
such amendment is attached and authorized by all parties.

21. SEVERABILITY. This Agreement shall remain in effect in the event a section or provision is
unenforceable or invalid. All remaining sections and provisions shall be deemed legally
binding unless a court rules that any such provision or section is invalid or unenforceable,
thus, limiting the effect of another provision or section. In such case, the affected provision
or section shall be enforced as so limited.

22. WAIVER OF CONTRACTUAL RIGHT. If the Employer or Employee fails to enforce a


provision or section of this Agreement, it shall not be determined as a waiver or limitation.
Either party shall remain the right to enforce and compel the compliance of this Agreement
to its fullest extent.

23. GOVERNING LAW. This Agreement shall be governed under the laws in the State of
_________________.

24. ENTIRE AGREEMENT. This Agreement, along with any attachments or addendums,
represents the entire agreement between the parties. Therefore, this Agreement supersedes

Employee’s Initials: _______ Employer’s Initials: _______ Page 6 of 7


any prior agreements, promises, conditions, or understandings between the Employer and
Employee.

25. SIGNATURES.

IN WITNESS WHEREOF, this Agreement was signed by the parties under the hands of their
duly authorized officers and made effective as of the undersigned date.

Employer Signature: _________________________________ Date: [MM/DD/YYYY]

Print Name: [PRINTED NAME]


Title: [TITLE]

Employee Signature: _________________________________ Date: [MM/DD/YYYY]

Print Name: [PRINTED NAME]


Title: [TITLE]

Employee’s Initials: _______ Employer’s Initials: _______ Page 7 of 7

You might also like