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Contract Form

This document is an employment contract subject to market need between Gardenias Inmobiliaria y Constructora S.A.C. and a worker. The contract establishes that the worker will hold the position of visualization architect for a period of one month, including a one-month trial period. The contract details the place and schedule of work, the remuneration, the obligations of both parties, and stipulates that the employer may terminate the contract early in case of breach.
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0% found this document useful (0 votes)
7 views4 pages

Contract Form

This document is an employment contract subject to market need between Gardenias Inmobiliaria y Constructora S.A.C. and a worker. The contract establishes that the worker will hold the position of visualization architect for a period of one month, including a one-month trial period. The contract details the place and schedule of work, the remuneration, the obligations of both parties, and stipulates that the employer may terminate the contract early in case of breach.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

EMPLOYMENT CONTRACT SUBJECT TO MODALITY FOR NECESSITY OF

MARKET
I hereby state through this document, which is subscribed in triplicate with equal tenor and value, a CONTRACT OF
WORK SUBJECT TO MODALITY DUE TO MARKET NEED under the protection of the Unified Text
Ordered from Legislative Decree No. 728, Supreme Decree No. 003-97-TR, Productivity Law and
Labor Competitiveness and complementary regulations, celebrated on one side GARDENIAS
REAL ESTATE AND CONSTRUCTION S.A.C. with RUC 20609830281, registered in the PARTITION
REGISTRAL No. 11073419 of legal entities, registration office in Chiclayo, with legal address on street
Pardo Miguel No. 472, district of Jaén, province of Jaén, department of Cajamarca, duly
represented by its General Manager CASTILLO FLORES JOSE CRUZ identified with DNI
No. 10687159, referred to as THE EMPLOYER, which is registered in the Registry
National Micro and Small Business Registry (REMYPE) with acceptance number 0002005417-2022 since
the xxxxxxx, therefore from this date enjoys the benefits granted by the Unified Text Ordered
from the Law on the Promotion of Competitiveness, Formalization, and Development of Micro and Small Enterprises and
from Access to Decent Employment, Law of MYPE (D.S. N°007-2008-TR), in accordance with its Regulation
(D.S.N°008-2008-TR), and on the other side, XXXXXXXXXXXXXXXXXXXX, identified with D.N.I. No.
XXXXXXXX, with address XXXXXXXXXXXXXXXXXXXXXX, district of Chiclayo, province of Chiclayo
and the department of Lambayeque, hereinafter referred to as THE WORKER; under the terms and
following conditions:

Likewise, both THE EMPLOYER AND THE WORKER will be referred to jointly as
THE PARTIES, as applicable, without this implying a lack of recognition of the quality of party that
they both individually hold in the current contract.

FIRST. - BACKGROUND

1. THE EMPLOYER is a legal person under private law constituted under the regime of
Closed Joint Stock Company, whose main objective is the development of Urban Enablings and
Marketing of Land Lots.

SECOND. -OBJECT OF THE CONTRACT

2. THE EMPLOYER hires under the market demand modality the services of
WORKER, for a period of one (01) month who will perform the role of ARCHITECT
VIEWER, in relation to the objective causes mentioned in the previous clause, lowered
subordination in exchange for a remuneration agreed upon in the seventh clause and under the
fulfillment of the functions; which will be evaluated on a permanent basis by HIM
EMPLOYER.

THIRD. -PLACE OF SERVICE PROVISION

3. By this contract, THE WORKER agrees to provide their services to THE EMPLOYER.
like XXXXXXXXXXXXX. THE EMPLOYER has at their fiscal address street
XXXXXXXXXXXXXXXXXXXXXXXXX, must adhere to strict compliance with the
works mentioned in the first and second clauses of this contract; for which she is hired,
received the directives and orders that come from the EMPLOYER. Likewise, THE WORKER
It also commits to keeping all information accessed about the business confidential.
clients and suppliers. This information will persist even after the relationship has ended.
labour, which in case of non-compliance generates corresponding liability for damages and
damages, as well as criminal liability, provided for in ART. 165° of the Penal Code.

FOURTH. - PROBATION PERIOD, TERM AND DURATION OF WORK.


4. THE WORKER will provide their services to the EMPLOYER for a period of X month from the
XX of XXXXXXX of 20XX until the XX of XXXXXXX of 20XX, date on which it will end.
definitive contract. It is understood that THE EMPLOYER will not be obliged to give
additional notice regarding the termination of this contract, resulting in its extinction on the date of its
expiration, opportunity in which the social benefits owed to THE WORKER will be paid
could correspond according to law.

4.2. THE WORKER will be subject to a trial period of one (01) month, in accordance with the
established in ART. 10 of Supreme Decree No. 003-97-TR; which begins on the 01 of
December and December 31. It is understood that, during this trial period, THE
EMPLOYER can terminate the contract without stating a reason.

It is understood that THE EMPLOYER is not obliged to give any additional notice regarding the
termination of this contract, operating its extinction on the date of its expiration in accordance with
as previously described, opportunity in which the SOCIAL benefits that will be credited to the WORKER
could correspond according to the law.

4.4. During the term of this contract, THE EMPLOYER may terminate the contract.
at any time due to poor performance in the tasks and the ability of
WORKER, failure to meet scheduled goals, assigned functions, and/or committing
any of the serious offenses stipulated in ART 25° of the Consolidated Text of Legislative Decree N°728.

FIFTH. - LABOR REGIME

The worker is aware that the business is covered by the Special Labor Regime.
Microenterprise, included in the consolidated text of the Mype Law (Supreme Decree No. 007-2008-TR) and its
Regulation (Supreme Decree No. 008-2008-TR).

SIXTH. -ON THE CONSIDERATION

The EMPLOYER agrees to pay the WORKER a monthly remuneration of s/


XXXXXXXX and with a net salary of s/. XXXXXXX; from which contributions will be deducted and
discounts for taxes established by law that are applicable. It is also required to
provide the necessary materials for it to carry out its assigned functions, and grant it the
benefits that the law entitles him.

SEVENTH. - OF THE WORK FEE


7. THE WORKER must provide their services during the following hours: from Monday to Saturday from 9:00
I am from 1:00 pm to 2:00 pm and from 6:00 pm.

EIGHTH. - OF THE OBLIGATIONS OF THE PARTIES

8. THE WORKER is obligated to fulfill the assigned functions which are


it is mentioned in the MANUAL OF ORGANIZATION AND FUNCTIONS (MOF) and the
INTERNAL WORK REGULATIONS (IWR).
The worker is strictly prohibited from the following:
a) Presenting oneself at the workplace unkempt or tardy, without a justifiable cause.
b) Presenting oneself to perform one's duties in a state of intoxication or under the influence of narcotics or
drugs.
c) Allowing another unauthorized person to enter administrative offices at non-business hours
authorized by General Management.
d) Misuse, lend or sell parts or pieces or any other element of the equipment
the computer that belongs to THE EMPLOYER, if such a situation is discovered, it will be grounds for
immediate resolution of the
this contract, leaving EL EMPLEADOR free to take actions
corresponding.
8.2. OF THE OBLIGATIONS OF THE EMPLOYER, the following obligations are included:
a) He/she commits to pay the agreed remuneration in a timely manner as stated in the clause.
"SIXTH CLAUSE"
b) To cancel the HEALTH INSURANCE in a timely manner.
8.3. The worker, at the beginning of the provision of their services, becomes responsible for the
functions assigned to develop, which will be indicated by THE EMPLOYER, being of
they are fully responsible for the contingencies of their remuneration and, if necessary, they
will initiate the corresponding legal actions.
8.4. THE EMPLOYER may terminate this contract before the end date under the
next: The breach of one or more obligations by THE WORKER.
8.5. If the worker causes harm to the company, they could be subject to the penalties.
respective sanctions according to the INTERNAL WORK REGULATIONS, remaining to
employer's criterion to take the appropriate legal actions, depending on the violation
or crime committed if applicable.
Ninth - Regarding the Entry to the Payroll

9. THE EMPLOYER is obliged to register the WORKER in the T-Registry and inform in the
Monthly Electronic Form - PLAME within the legal deadlines, as well as to put in
knowledge and registration, in compliance with ART.73° of the Consolidated Text of Legislative Decree.
No. 728, Law on Labor Productivity and Competitiveness, approved by D.S. No. 003-97-TR.

TENTH. -ON SEXUAL HARASSMENT

10. THE WORKER declares that they are not involved in any act of sexual harassment.
moment of subscribing to this contract; likewise, he/she expressly accepts that if it occurs in his/her
counter complaint, grievance or claim, whose scope of application is established in the numeral
4 of article 2, article 22 and other relevant articles of Law No. 27942, Law on Prevention and Sanction of
Sexual Harassment, in accordance with articles 4.61 and other applicable regulations.
approved by Supreme Decree No. 010-2003-MIMP, it is agreed to expressly accept that THE
EMPLOYER, terminate this contract automatically, without cause.
additional to that stated, as applicable, according to what happens regardless of the
penal sanction that may correspond to him, if the act or acts he is accused of are provided for
as a crime.

ELEVENTH.

10.1. In everything not provided for in this contract, the labor regulations that govern will apply.
employment contracts subject to modality due to market needs in the consolidated text of the decree
Leg. No. 728, Law on Labor Productivity and Competitiveness (D.S. No. 003-97-TR) and the Regime
Special Labor of the Microenterprise contemplated in the consolidated text of the Law of Mype (D.S. N° 007-
2008-LM), in accordance with its Regulations (D.S. N° 008-2008-LM).

TWELFTH. - OF JURISDICTION

11. The contracting parties submit to the jurisdiction of the Judges and Courts of the
Chiclayo Province, to resolve any dispute arising from the compliance with this
contract could originate.
For greater conformity, they sign this contract in the city of Chiclayo, on the XX days of the month of
XXXXXXXXXX of 20XX.

________________________________________
THE EMPLOYER THE WORKER
JOSE CRUZ CASTILLO FLORES CUMPA SALAZAR SERGIO ALBERTO

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