CONTRACT OF PROJECT EMPLOYMENT
This Contract of Project Employment is hereby entered by and between:
MAX 1 ACTIVATION AND TRADING INC., a corporation duly organized and existing under
the laws of the Philippines, with business address located 430 Maligaya Building E. Rodriguez
Sr. Avenue, Quezon City, Metro Manila Philippines, represented by its Human Resources
Director , MR. KENNETH DANIEL NICOLAS, hereinafter referred to as the EMPLOYER;
-and-
____________________________________________, Filipino, of legal age and with residence at
_________________________________________________ hereinafter referred to as the EMPLOYEE.
WITNESSETH:
WHEREAS, the EMPLOYER is engaged in the business of manpower and client service;
WHEREAS, the EMPLOYEE manifests and guarantees that he/she possesses the requisite qualities
and competencies needed by the EMPLOYER in the conduct and course of its business;
NOW THEREFORE, for and in consideration of the foregoing premises and mutual covenants herein
contained, the parties hereto hereby agree as follows:
1. Employment
The EMPLOYER hereby employs, engages and hires the EMPLOYEE as a ________________________ for a period of
______________ (___) months beginning from the _____ day of __________________ 20___ until the _____ day of
_____________________ 20___. The EMPLOYEE also hereby accepts and agrees to such hiring engagement and
employment, subject to the general supervision and pursuant to the orders, advice, and direction of
EMPLOYER.
The EMPLOYEE shall observe all existing policies, rules and regulations of the EMPLOYER stated in Annex A,
Company Blue Book, and those that may be implemented from time to time.
The EMPLOYEE shall devote his/her entire working time to the EMPLOYER and shall have no direct or
indirect interest in any firm or entity, whether for profit or not, directly in competition with or offering the
same services as the EMPLOYER nor shall the EMPLOYEE take any interest that is conflicting or inimical to
the EMPLOYER.
The EMPLOYEE recognizes that the continuity of the EMPLOYER’s business operations is dependent on the
service contracts that it is able to secure from clients. Hence, where there is no available position, the
EMPLOYEE agrees to be assigned as a reliever or placed on temporary lay-off or “floating status”, but in no
case exceeding a period of six (6) months.
2. Compensation
The EMPLOYEE will receive a gross basic monthly salary of ___________________ subject to withholding tax, SSS,
Pag-IBIG, Philhealth, contributions and government-required deductions to be borne by the EMPLOYEE.
EMPLOYER shall likewise pay an attendance incentive of ______________________, an audit incentive of
____________________, and the mandatory 13th month pay, pro-rated, when due.
3. Assignment of Tasks
The EMPLOYEE shall perform such other duties as are customarily performed by one holding such position in
other, same or similar businesses or enterprise as that engaged in by the EMPLOYER and shall additionally
render such other services and duties as may be assigned to him/her from time to time by the EMPLOYER,
provided that these services and duties are reasonably connected with the EMPLOYEE’s functions as
______________________.
On signing this Contract, the EMPLOYEE recognizes the EMPLOYER's right and prerogative to assign and re-
assign the EMPLOYEE to any work or work station, and for such periods of time, as deemed necessary and
beneficial by the EMPLOYER, provided it is reasonably connected to the job which the EMPLOYEE accepted by
virtue of this Contract.
4. Uniforms, Tools and Equipment
In the course of employment, the EMPLOYER will turn over uniforms, tools and equipment necessary for
performance of the EMPLOYEE’s duties. The EMPLOYEE recognizes that these items remain the property of the
EMPLOYER, or the EMPLOYER’s clients as the case may be, and must be returned within a reasonable time after
demand by the EMPLOYER. Should the EMPLOYEE fail to comply, the EMPLOYEE shall be liable for the value
thereof; further, the EMPLOYER shall not issue a final clearance in favor of the EMPLOYEE and shall have the right
to cause the blacklisting of the EMPLOYEE within the industry.
5. Unfit for Work Due to Personal Circumstances
In case the personal circumstances of the EMPLOYEE changes such that he/she will become unfit for the job, or
will be unable to effectively perform his/her duties as such, the EMPLOYEE hereby consents to be placed on
floating status, without compensation, after proper written notice is given, without liability, penalty or further
obligation on the part of the EMPLOYER. For purposes of this paragraph, these personal circumstances include,
but are not limited to: pregnancy, in the case of In-store Ambassadors, or unsightly appearance adversely
affecting the brand equity of the EMPLOYER’s clients, in the case of Beauty Consultants.
6. Hours of Work
The EMPLOYEE shall render a minimum of _________ (___) hours of work per day and report for work __________
(___) days per week. It is understood that the EMPLOYEE is being employed with a level of confidence and
degree of responsibility that may further require him to render work beyond normal business hours for
which the EMPLOYEE may be justly remunerated with Overtime Pay if qualified.
In case the demands of the business or the company would require the EMPLOYEE to work more than his/her
regular work schedule, he/she may be required to render overtime work.
7. Disciplinary Measures
On signing this Contract, the EMPLOYEE hereby recognizes the EMPLOYER's right to impose disciplinary
measures or sanctions, which may include, but are not limited to, termination of employment, suspensions, fines,
salary deductions, allowance reductions, withdrawal of benefits, loss of privileges, for any and all infraction, act or
omission, irrespective of whether such infraction, act or omission constitutes a ground for termination.
8. Termination or Resignation
The EMPLOYER reserves the right to terminate the EMPLOYEE before the expiration of this Contract. The
acts/omissions stated in the Annex B and in the Company Blue Book, in addition to the just and authorized causes
for termination as enumerated in Article 282 to 284 of the Labor Code and existing policies of the EMPLOYER,
shall constitute grounds for termination and/or disciplinary action.
Where any of the grounds for termination exist, the EMPLOYER shall issue a written Notice to Explain, identifying
the said ground/s, and directing the EMPLOYEE to explain in writing within five (5) days why he/she should not
be terminated or sanctioned for such act/omission. Failure to submit a written explanation shall be deemed an
admission of all the allegations therein. Where the EMPLOYEE disputes the allegations of the Notice to Explain, an
administrative investigation shall be conducted for this purpose. The EMPLOYEE may or may not secure the aid
of counsel.
Where the EMPLOYER resolves to terminate or impose disciplinary sanctions upon the EMPLOYEE, the
EMPLOYER shall issue a written notice this effect, citing the grounds and reasons therefor.
No clearance will be given by the EMPLOYER in the event that the EMPLOYEE is terminated due to poor
performance if the same is caused by malicious intent duly proven on the part of the EMPLOYEE. Inability to
secure a final clearance might result to a blacklisting in the same industry.
The EMPLOYEE may terminate his/her employment at any time by giving the EMPLOYER at least thirty (30)
days written notice of his/her resignation. However, such resignation shall be without prejudice to the
provisions of this Contract and shall not, in any way, extinguish any claims which the EMPLOYER may have
against the EMPLOYEE arising out of any action or omission done during the employment.
9. Monetary Obligations
In cases where the EMPLOYEE has an outstanding monetary obligation to the EMPLOYER, the EMPLOYER
shall issue a demand for payment in writing against the EMPLOYEE. The EMPLOYEE hereby authorizes the
EMPLOYER to charge the same against his/her account and make such deductions as authorized by law,
unless the EMPLOYEE completely pays and settles his/her monetary obligation within the period of time
specified.
10. Confidentiality
All records and documents of the EMPLOYER and all information pertaining to its business and/or its affairs and
that of its clients are absolutely confidential and unauthorized disclosure or reproduction of the same, during or
after employment, shall be strictly prohibited. Any breach of confidentiality shall be sufficient ground for
immediate termination of employment for cause, and for civil/criminal liabilities.
11. Non-Competition
The EMPLOYEE warrants that he/she shall not work with any of the direct competitors of the EMPLOYER or
any of the EMPLOYER’s clients within the period of six (6) months after the separation for any cause from the
EMPLOYER.
In case of breach of warranty, the EMPLOYEE is obliged to pay damages to the EMPLOYER.
12. Language
Both Parties understand the English language and are fully aware of the terms and conditions contained
herein. This contract may be explained to second party on the language he/she preferred in case of ambiguity
or indistinctness.
13. Governing Law
This Agreement shall be governed by, and construed in accordance with, the laws of the Republic of the
Philippines.
IN WITNESS WHEREOF, the parties set their hands on the date and in the place first above-written.
MAX 1 ACTIVATION INC. PROJECT EMPLOYEE
By:
_______________________________________ __________________________________
KENNETH DANIEL A. NICOLAS (Signature over printed name)
Human Resources Director
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)
QUEZON CITY ) S.S.
BEFORE ME, the undersigned Notary Public, personally appeared the following:
NAME DRIVER’S LICENSE NO.
Known to me and known to be the same persons who executed the foregoing Contract of Project
Employment, and acknowledged to me that the same is their free and voluntary act and deed and that of the
Company they represent.
This instrument consists of four (4) pages, including this page where the acknowledgement is
written, signed at the end thereof by the parties and their witnesses, and on each every page thereof.
WITNESS MY HANDS AND SEAL on the place and date first herein above stated.
Doc. No. _____; NOTARY PUBLIC
Page No. _____;
Book No. _____;
Series of 2012.
ANNEX A
LABOR CODE OF THE PHILIPPINES
ARTICLE 282. Termination by employer. An employer may terminate an employment for any of the
following causes:
(a) Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or
representative in connection with his work;
(b) Gross and habitual neglect by the employee of his duties;
(c) Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized
representative;
(d) Commission of a crime or offense by the employee against the person of his employer or any immediate
member of his family or his duly authorized representatives; and
(e) Other causes analogous to the foregoing.
ARTICLE 283. Closure of establishment and reduction of personnel. The employer may also terminate
the employment of any employee due to the installation of labor-saving devices, redundancy, retrenchment to
prevent losses or the closing or cessation of operation of the establishment or undertaking unless the closing
is for the purpose of circumventing the provisions of this Title, by serving a written notice on the workers and
the Ministry of Labor and Employment at least one (1) month before the intended date thereof. In case of
termination due to the installation of labor-saving devices or redundancy, the worker affected thereby shall
be entitled to a separation pay equivalent to at least his one (1) month pay or to at least one (1) month pay for
every year of service, whichever is higher. In case of retrenchment to prevent losses and in cases of closures
or cessation of operations of establishment or undertaking not due to serious business losses or financial
reverses, the separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for
every year of service, whichever is higher. A fraction of at least six (6) months shall be considered one (1)
whole year.
ARTICLE 284. Disease as ground for termination. An employer may terminate the services of an employee
who has been found to be suffering from any disease and whose continued employment is prohibited by law
or is prejudicial to his health as well as to the health of his co-employees: Provided, That he is paid separation
pay equivalent to at least one (1) month salary or to one-half (1/2) month salary for every year of service,
whichever is greater, a fraction of at least six (6) months being considered as one (1) whole year.
ANNEX B
PERFORMANCE EVALUATION FORM