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EMPLOYMENT CONTRACT

This employment contract is made and entered into as of the Effective Date set
forth below by and between ___________________(‘Employee”) and.
____________________, A Philippine Corporation, doing business at
__________________. (“Employer”), hereby acknowledges and agrees as follows:

ACKNOWLEDGMENT

A. Employee has applied for employment with ________________ A


Philippine Corporation, doing business as ______________________ (“Employer”) for a
position as Medical Technologist. Employee has been informed by Employer that this
position will be bound by this Employment Contract.

B. Employer has agreed to employ Employee, and Employee has agreed to


accept such employment subject to the terms and conditions herein set forth.

AGREEMENT

NOW, THEREFORE, IN CONSIDERATION of the foregoing and the terms and


conditions hereinafter set forth, Employee agrees as follows:

1. Commencement of Employment. Employee shall report to work and


his/her employment shall commence on September 1, 2017.

2. Probationary Period. Employee understands that there will be a 3 - 6


months probationary period. Employee’s company standard benefits shall commence
after the expiration of the probationary period, provided Employee is employed with
Employer.

3. Contract Term. Employee agrees and acknowledges that this


employment contract shall have a minimum employment of Two (2) years. An employee
who pre-terminates his employment during the aforesaid period shall be liable for
liquidated damages in the amount equivalent to One (1) Month of his/her monthly
compensation during the date of pre-termination. The aforesaid amount corresponds to
the expenses and money spent and incurred by the employer in training the employees.
Subject to the provisions for immediate termination of employment as provided in
Paragraph 8 below, this employment may be terminated at any time, even during the
probationary period, by the Employer without cause upon 30-day written notice to the
other party.

4. Duties of Employee. Employee is employed as Company Medical


Technologist. Employee agrees to carefully and responsibly perform and carry out
his/her duties and tasks as Medical Technologist and any other tasks and duties that may
be assigned by Employer.

Employee shall devote his/her entire productive time, ability and attention to his/her
duties and the business of the Employer.

5. Compensation. (a) Salary. Employee shall receive a basic salary of


Thirteen Thousand Pesos Only (PhP13,000.00) per month during probationary period,
payable semi - monthly, less standard deductions as required by law. If the 15th day or
the last day of the month falls on a weekend or holiday, then the semi monthly payment
will be made on the last business day before such weekend or holiday. Employee’s salary
is subject to increase at Employer’s sole and absolute discretion subject to Employee’s
performance evaluation and shall be effective only upon written notice by Employer to
Employee.

6. Benefit. Employee is entitled to those employment benefits set forth


in the Employee Handbook, a copy of which has been delivered to Employee, receipt of
which is hereby acknowledged by Employee, or as mandated by applicable Government
law.

7. Reimbursements of Expenses. At the end of each month during the


employment, Employer shall promptly reimburse Employee for all proper items of only
authorized travel, entertainment and miscellaneous expenses incurred while away on
official business from the principal office of Employer, but payment shall be made only
against a signed and itemized list of such expenditures, together with the explanation,
names and other information, as may be required to justify such expenditures as a
deductible items in Employer’s Income tax returns. Notwithstanding the foregoing,
Employee shall not, without Employer’s prior written consent, incur such traveling,
entertainment and miscellaneous expenses more than which have been budgeted or
authorized by Employer in writing.

8. Termination. Notwithstanding anything herein contrary, the employment


may be terminated as follows:

(a) By Employer. Employer may and shall have the right to


terminate Employee’s employment hereunder, upon the occurrence of any of the
following:

(i) By giving five (5) days written notice to Employee, if


Employee is absent because of sickness, or any other incapacity, for more than four
weeks in the aggregate in any twelve-month period.

(ii) Immediately, if:

(A) Employee commits any act or omission not in good


faith or which involves intentional misconduct or a knowing violation of law by
Employee;

(B) Employee negligently or willfully fails to carry out


the duties and/or responsibilities of employment; or

(C) Employee commits any act which under Philippine


Labor Law would be considered a breach of Employee’s duty of loyalty to Employer or
its shareholders; or

(D) Employee commits acts of dishonesty, fraud or


misrepresentation.

(iii) Immediately, upon the death of Employee.

(iv) Whenever permitted under applicable law.

9. Compensation After Notice Of Termination. Upon the giving of notice of


termination as provided herein, Employee shall be entitled to his compensation,
computed pro-rated, for the period up to the termination date, to be released only after
proper clearance/s with each Department. Other benefits, if due, will be released only as
provided for under the rules of the governing agencies. Employee shall be entitled to no
further compensation after the termination date.
10. Remedies. Termination by either party as provided above shall be
without prejudice to any right or remedy that the terminating party has at law, in equity or
under this Agreement.

11. Arbitration. Except as otherwise provided hereunder, including without


limitation paragraph 13 (c) below, any controversy or claim arising out of, or relating to,
this Contract, or its breach, shall be settled by arbitration in accordance with the
applicable governing rules of the Philippines. Judgment upon the award of the arbitrator
may be entered and enforced in any court of competent jurisdiction.

12. Property Rights And Non-Competition Covenant. In consideration and


as integral part of his employment, Employee agrees and covenants that:

(a) Employee, during the term of his/her employment with Employer,


whether under this Contract or otherwise, will have access to and become familiar with
various technical know-how, inventions, processes, records, customer lists and
compilations of information, which are the confidential information, proprietary rights
and/or trade secrets of Employer. Employee agrees and covenants that Employee shall
not disclose or use in any way such confidential information, proprietary rights or trade
secrets, directly or indirectly, either during the term of this Contract or at any time
thereafter, except as required in the course of his employment. Additionally, Employee
agrees and covenants that all programs, inventions, know-how, formulas, files, records,
documents, computer data, customer lists, drawings, specifications, equipment, and
similar items relating to the business of Employer, or the confidential information,
proprietary rights or trade secrets of Employer, whether prepared by Employee or
otherwise coming to his possession shall remain the exclusive property of the Employer
and shall not be removed from the premises of Employer or the premise of any subsidiary
or sister corporation of Employer under any circumstances whatsoever without the prior
written consent of Employer.

(b) Employee acknowledges that in his/her employment with the


Employer, Employee will gain specialized knowledge and experience and will establish
special personal relationships with Employer’s accounts, confidential files, and other
employees. In consideration of the foregoing and of the payment of compensation be
Employer as provided herein, Employee hereby covenants and agrees as follows:

(i) During the term of his/her employment with Employer,


whether under this Contract or otherwise, and for a period of six (6) months counted from
the date of the cessation of Employee's employment with the Employer, Employee shall
not, directly or indirectly, either as an employee, employer, consultant, agent, principal,
partner, stockholder, corporate officer, director, or in any similar other individual or
representative capacity, engage or participate in any business in the Philippines that is
similar to or in competition in any manner whatsoever with the business of Employer.

(ii) On or after the termination, for any reason, of his/her


employment with Employer, Employee agrees and covenants that Employee shall not,
directly or indirectly, commit acts, which in any way will violate the provisions of
subparagraph (a) above.

(c) The covenants of the employee under paragraph 13 of herein


Employment Contract shall survive regardless of the termination of this Employment
Contract. The Employer may enforce to the Employee the compliance of these covenants
notwithstanding the existence of any claim or cause of action of the Employee against the
Employer. In the event of breach of obligations, the Employee acknowledge that the
Employer will not have an adequate remedy at law, hence the Employer shall be entitled
to such equitable and injunctive relief as may be available to restrain and or prevent the
Employee from further violation of the covenants agreed. Nothing herein contained shall
prohibit the Employer from pursuing any rights or remedies to which the Employer is
entitled at law, in equity or contact, or shall be considered as waiver by the Employer of
its rights and causes of action with respect to the breach of the Employee, including
recovering of damages.

13. Notices. Any notice to either party required hereunder may be given
by personal delivery in writing, or by registered or certified mail, postage prepaid,
addressed to the parties at the following addresses:

If to Employer: ____________________

If to Employee: ______________________,

Notices delivered personally shall be deemed served as of the time of


personal delivery. Notices mailed by registered or certified mail, postage prepaid, shall be
deemed served 24 hours after deposit of same in the Philippine Mail Box.

14. Entire Agreement. This Contract supersedes any and all other prior
contracts, either oral or in writing, between Employer and Employee with respect to the
employment of Employee by Employer and this Contract contains and integrates all of
the terms, conditions and provisions of such employment and the representations,
covenants and agreements between the parties with respect to such employment. Each
party represents and acknowledges that no inducements, promises, agreements or
representations, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not contained in this Contract, and that no other agreement,
statement or promises not contained in this Contract shall be valid or binding. The parties
further agree that no other or future agreement or understanding between the parties
which in any way modify, amend or supplement this Contract, nor any promises made by
any party, shall be binding upon such party unless confirmed in writing and signed by
both parties.

15. Governing Law. This Contract and the employment of Employee


hereunder shall be governed by and construed in accordance with the laws of the
Philippines.

16. Assignment. This Contract calls for the personal service of Employee
and may not be assigned by Employee. This Contract shall inure to the benefit of
Employee’s executors, administrators, personal representatives or heirs but only to the
extent of any compensation or other benefits due to Employee at the time of his death for
the services performed by Employee under this Contract prior to his death. This Contract
shall inure to the benefit of Employer and Employer’s assigns and successors.

17. Attorneys Fees. If a legal action or arbitration proceeding is brought


by any party to enforce or interpret the terms, covenants, conditions or provisions of this
Contract, the prevailing party in any such action or proceeding shall be entitled to receive
from the other party reasonable attorney’s fees, costs and other disbursements incurred in
connection with such action or proceeding.

18. Headings. The headings of this Contract are for convenience only and
shall not be used to interpret or construe the terms, covenants, conditions or provisions of
this Contract.

19. No Waivers. The failure of either party to insist on strict compliance


with any of the terms, covenants, conditions or provisions of this Contract by other party
shall not be deemed a waiver of that term, covenant, condition or provision. Any waiver
of any terms, covenants, conditions or provisions of this Contract shall not be effective
unless such waiver is in writing signed by the party to be charged. A waiver of any right
or power at any one time shall not be deemed to be waiver of that right or power for any
subsequent or future event or any other times.

20. Effective Date. For the purpose of this Contract, the effective date
of this Contract and Employee’s employment with Employer hereunder shall commence,
as of September 1, 2017 (“Effective Date”), regardless of the actual date that this
Contract is signed by Employer and Employee.

TO WITNESS THEIR AGREEMENT, Employer and Employee have executed


this Contract to be effective as of the Effective Date set forth above.

EMPLOYER: EMPLOYEE:

______________________________ _____________________________

General Manager Medical Technologist

Signed in the presence of:

______________________ ______________________

ACKNOWLEDGEMENT

Republic of the Philippines)


_______________________) s.s.
BEFORE ME, a Notary Public for and in the City of
_________________ this ____ day of __________, 2016 personally
appeared the following:

Name Valid ID

known to me and to me known to be the same person who


executed and foregoing agreement consisting of Six (6) pages
including this page on which this acknowledgement is written
duly signed by the parties and their instrumental witnesses and
they acknowledged to me that the same is their own and free
and voluntary act and deed.

WITNESS MY HAND AND SEAL this ____ day


of__________, 2017 at _______________________.

Doc. No. ______;


Page No. ______;
Book No. _____;
Series of 2017.

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