PROBATIONARY EMPLOYMENT CONTRACT

This Probationary Employment Contract (herein referred to as “Contract”) is made and

entered into by and between:

_______________________, a limited partnership duly organized and

existing under Philippines Laws with business address at
_______________________________, represented in this act by its
________________________, Mr./Ms. _______________________, herein referred to
as “Employer”;

- and –

_________________________, of legal age, Filipino, and a resident of

________________________________________________, herein referred to as
“Employee”;

WITNESSETH:

WHEREAS, the Employer requires the services of a _________________;

WHEREAS, the Employee offered his/her services to the Employer and the Employer agreed
to engage the services of the Employee as a Probationary Employee;

NOW, THEREFORE, for and in consideration of the foregoing, the parties hereto agree as
follows:

I. PERIOD OF PROBATIONARY EMPLOYMENT

A. The probationary employment is for a period of six (6) months commencing

from ______________ to ______________.

B. During the probationary employment, the Employee shall be working on a trial

basis to determine the Employee’s fitness for regularization. The Employee’s
conversion to regular status shall be primarily conditioned and dependent upon
the following:

1. __________________________
2. __________________________
3. __________________________
4. __________________________
5. __________________________

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II. REMUNERATION AND OTHER BENEFITS

A. The Employee shall receive a salary at the rate of _______________________

(P__________________) per month, payable in cash every ____ and ____ day of each
month.

B. The Employer and Employee shall make the necessary standard contributions
to the Social Security Systems (SSS), Philippine Health Insurance Corporation
(Philhealth) and Home Development and Mutual Fund (HDMF).

C. The Employee shall receive the mandatory 13th month pay at the end of the year
and other company benefits as provided for in the Employee Manual.

D. The Employee is not entitled to the benefits that is or may hereafter be granted
only to regular employees during the course of the probationary employment,
except those which the Employer, as a matter of policy and upon its discretion,
extends to all employees regardless of status and to those provided by law;

E. The Employee is entitled to the leave benefits as provided for in the Employee
Manual.

III. WORK SCHEDULE

A. The Employee’s normal working hours is forty (40) hours per week from
8:00am to 5:00pm every Monday to Friday with one (1) hour lunch break.

B. The Employee shall be entitled to two (2) rest days per week.

C. The Employee shall receive overtime pay for any work rendered in excess of the
standard eight (8) hours in accordance with law.

D. The working hours may change from time to time depending on the needs of the
Employer.

IV. DUTIES AND RESPONSIBILITIES.

A. As a ___________________, the Employee is required to carry out to the best of his/her

abilities the following duties and responsibilities:

1. ________________________________
2. ________________________________
3. ________________________________

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 4. ________________________________
5. ________________________________
6. ________________________________
7. ________________________________

V. TERMINATION OF EMPLOYMENT

A. The Employer may terminate the probationary employment due to any of the
just and authorized causes under existing labor laws or due to the failure of the
Employee to satisfactorily meet and comply with the standards, conditions and
requirements under this Contract.

B. The Employee may terminate the employer-employee relationship by serving a

written notice to the Employer at least one (1) month in advance. The Employee
shall be liable to pay liquidated damages in an amount equivalent to double
his/her monthly salary in case no notice was served to the Employer, which the
Employee hereby expressly authorize the Employer to withhold in such event.

C. Within the said period, the Employee shall properly turn-over all pending works,
render accounting, and surrender all records, documents and property of the
Employer and its clients which were placed in the Employee’s custody.

D. The Employee shall be paid his/her last salary after the turn-over of all the
records, documents or property of the Employer or its clients and Employee’s
receipt of proper clearance documents from the Employer.

VI. NON-COMPETE CLAUSE

A. The Employee shall not, without prior written permission from the Employer,
become involved directly or indirectly on a full or part-time or casual basis with
any other company, business or pursuit other than his/her employment with the
Employer.

B. The Employee shall not directly or indirectly solicit business from, or attempt to
provide the same or similar services to any customer or client of the Employer,
for a period of six (6) months from separation, resignation or termination from
employment. A violation by the employee of this provision shall render him/her
liable to pay the Employer an amount equivalent to double his/her monthly
salary as liquidated damages.

C. The Employee shall not directly or indirectly solicit, induce or attempt to induce
any employee of the Employer to terminate his or her employment.

VII. CONFIDENTIALITY

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A. In this Contract, "Confidential Information" shall include but is not limited to any
and all information pertaining to the business of the Employer, including but not
limited to information pertaining to the systems, plans and strategies of the
Employer, its suppliers and customer information, and all information the
Employer may generate in relation to those matters in connection with the
fulfillment of its obligations under this Contract howsoever disclosed, including
copies and reproductions thereof, which are of an intellectual, technical, scientific,
financial, commercial or marketing nature, which are not in the public domain and
in which the Employer has a business, proprietary or ownership interest or has a
legal duty to protect, or which is expressly identified in writing by the Employer as
confidential at the time of its disclosure.

B. The Employee shall hold any and all Confidential Information in strict
confidence and will ensure that each of the Employer’s personnel does not:

1. disclose any Confidential Information to any person without the prior

written consent of the Employer;

2. use any Confidential Information or any part of it except for the proper
performance of the Employee’s obligations under this Contract;

3. use any Confidential Information or any part of it to the competitive

disadvantage of the Employer; and/or

4. copy or duplicate Confidential Information or any part of it without the

prior written consent of the Employer except to the extent necessary for the
proper performance of the Employee’s obligations under this Contract.

C. The Employee agrees to provide all reasonable assistance to the Employer in

preventing any unauthorized use or disclosure of that confidential information
and in taking action against those who use or disclose such Confidential
Information without authorization from the Employer.

D. The provisions of Paragraph B do not apply to:

1. the use or disclosure of Confidential Information after it becomes generally

available to the public other than because of a breach of this Contract or of
any obligation of confidence by each party or by any third party;

2. the disclosure of Confidential Information in order to comply with any

applicable law or legally binding order of any court, government,
semi-government authority or administrative or judicial body;

3. the disclosure of Confidential Information to legal advisers of each party

whose duties in relation to each party require the disclosure;

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 4. the use or disclosure of Confidential Information in any proceedings arising
out of or in connection with this Contract to the extent necessary to protect
the lawful interests of a party; and

5. the use or disclosure of any Confidential Information after a party receives

it from a third person legally entitled to possess the Confidential
Information and provide it to the said party, to the extent that the
Confidential Information is used, disclosed or otherwise dealt with in
accordance with the rights or permission lawfully granted to the party by
that third person.

E. Before any use or disclosure in reliance on Paragraph D (2), the Employee shall
notify the Employer of the full details of the circumstances of the proposed use
or disclosure and of the relevant Confidential Information to be used or
disclosed and will give the Employer a reasonable opportunity to challenge in a
court of law or other appropriate body whether the proposed use or disclosure
is in accordance with Paragraph D (2).

F. The Employee expressly understands that the Confidential Information is of a

commercially valuable and highly sensitive nature. In the event that the Employer
discovers that the Employee has made or makes or intends to make or causes to
be made any unauthorized disclosure of the Confidential Information, it shall be
entitled to take out an injunction against the Employee or any third party involved
in such unauthorized disclosure, to restrain it from making any such disclosure. In
addition, or in the alternative, as the case may be, the Employer shall be entitled to
exercise any and all other legal and equitable remedies as are available in respect
of the breach of this Contract and to further protect the Confidential Information.

G. Upon termination of this Contract for whatever reason and irrespective of

whichever party initiated the termination, the Employee shall not make further use
of Confidential Information and shall return all Confidential Information to the
Employer, including all copies, reproductions, extracts, summaries or notes, or
destroy the same in accordance with the directions of the Employer and certify that
the same have been destroyed. A violation by the Employee of this provision shall
render him/her liable to pay the Employer damages without prejudice to the filing
of the appropriate case/s in court to protect the Employers rights and interests.

H. The Employer may, at any time during the term of this Contract, direct the
Employee to return the Confidential Information, or any part thereof, and not to
make further use of the Confidential Information to be returned. Upon receipt of
such directions, the Employee shall promptly deliver the requested Confidential
Information without retaining any copies or excerpts thereof.

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VIII. SEVERABILITY

A. Any provision of this Contract that is prohibited or becomes unenforceable shall

be ineffective to the extent of the prohibition or unenforceability but without
invalidating the remaining provisions of this Contract.

IX. AMENDMENT

A. The Employer reserves the right to vary the terms of this Contract upon one (1)
month prior written notice to the Employee.

X. GOVERNING LAW

A. This Contract shall be governed by and construed in accordance with Philippines

laws.

XI. VENUE

A. The parties hereby obligate themselves to faithfully comply with the provisions
of this Contract. Any violation of this Contract shall entitle the aggrieved party
to file the appropriate court action against the other party. The venue of any
court action shall be in the proper courts of the City of San Fernando, Pampanga
to the exclusion of all others.

IN WITNESS WHEREOF, the parties have hereunto the set their hands this ____ day of
_____________________________ in the City of San Fernando, Pampanga.

(PARTNERSHIP NAME)
Employer Employee:
Represented by:

______________________________________ ______________________________________
Signature over printer name Signature over printer name

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REPUBLIC OF THE PHILIPPINES )
CITY OF SAN FERNANDO, PAMP. ) S.S.

ACKNOWLEDGMENT

BEFORE ME, a Notary Public in and for City of San Fernando, Pampanga, this _____ day
of _____________________________ personally appeared:

Name Competent Evidence of Identity

known to me and by me known to be the same persons who executed the foregoing
document and she acknowledged to me that the same is their free and voluntary act and
deed.

This instrument consisting of seven (7) pages including where this acknowledgment is
written, has been signed by them and refers to a Probationary Employment Contract.

IN WITNESS WHEREOF, I have hereunto set my hand the date and at place above
written.

Doc. No.: ____;

Page No.: ____;
Book No. ____;
Series of 2019.