Fixed Term Employment Agreement - MLJDR
Fixed Term Employment Agreement - MLJDR
Fixed Term Employment Agreement - MLJDR
This Fixed Term Employment Agreement (the “AGREEMENT”) is executed this July 6, 2022
(“EFFECTIVE DATE”) at July 16, 2022 by and between:
-AND-
WITNESSETH: THAT –
WHEREAS, is engaged in the business of providing security services to all establishments such
as private companies and government agencies;
WHEREAS, EMPLOYEE manifests and guarantees that he/she possesses the requisite qualities
and competencies needed by the in the conduct and course of its business;
1. APPOINTMENT
EMPLOYEE is hereby appointed as _______________________ - Fixed Term Contract whose duties and
responsibilities are specifically provided in Annex “A”.
2. FIXEDTERM
2.1 This AGREEMENT shall be for a period of 6 month/s counted from the ___________ up to
____________ (the “FIXEDTERM”).
2.2 After the FIXED TERM, EMPLOYEE’s employment shall automatically be confirmed as
Security Guard. Nothing in this Agreement shall expressly or impliedly provide an entitlement
or expectation of earlier confirmation as Security Guard on the part of the EMPLOYEE during
the FIXEDTERM.
2.3 The EMPLOYEE undertakes to comply with this Agreement and fully understands his/her role
and responsibilities.
3. COMPENSATION ANDBENEFITS:
3.1 EMPLOYEE will receive a monthly salary of Php _____________ subject to withholding tax,
SSS premiums, Pag-ibig contributions, Philhealth dues and other government-
requireddeductions.
3.2 EMPLOYEEshallbeentitledtootherbenefits,allowancesandleavesprovidedinAnnex“B”
which shall in no way be less than what is provided under the law.
4. DUTIES ANDRESPONSIBILITIES
EMPLOYEEshallperformthedutiesandresponsibilitiesthathispositionorjobnecessarilyentails,asmay be
contained in his job description or as may be reasonably assigned to him by MLJDR from time to time.
The specific duties and responsibilities of Employee are contained in Annex “A”, which herein Employee
acknowledges to have read andunderstood.
EMPLOYEEisobligedtoperformhisdutiesloyally,independently,andindustriouslytohelpmeetthegoals and
objectives of the MLJDR and is expected to carry out these responsibilities to the best of his knowledge
and abilities in order to protect and advance the interests of MLJDR, its business partners, its clients, and
itsemployees.
5. TOOL OFTRADE
MLJDRshallprovide (List down the following tools such as gun etc.) withtheconfigurationneededasawork
toolincompletingthedutiesand responsibilities of theposition.
6. PLACE OF WORK
EMPLOYEE agrees that MLJDR may transfer him / her to any other location as may be required by the
exigencies of the business, the organizational requirements of MLJDR and the duties and responsibilities
of EMPLOYEE’s position. In addition, EMPLOYEE may be required to travel from time to time in
accordance with business needs andrequirements.
7.1 TCSI expects EMPLOYEE to devote time, attention, and abilities to the business of MLJDR.
EMPLOYEE is also required to obey and conform, in all respects, to such policies and
regulations issued by MLJDR from time to time, such as but not limitedto:
(collectively “CODES”) copies of which the EMPLOYEE has acknowledged to have received
together with this AGREEMENT.
EMPLOYEE shall at all times serve faithfully and well and use his / her best
endeavortopromoteitsinterests.TheEMPLOYEEagreesthatanyviolationofSection9.1shall
beground/sfordisciplinaryaction,includingterminationofemployment,inaccordancewiththe rules
and regulations_____.
7.3 EMPLOYEE is required to advise, in writing, of any external directorships, whether advisory or
executive they may have or may be offered. No such appointments are permitted in respect of
organizations whose principal activities are deemed to be in competition with any
partofMLJDRGroup’sbusiness,orwhoaremajorclients/suppliersoftheMLJDR Group,or its affiliate
company.
7.4 EMPLOYEE shall not, either during the period of employment with or thereafter, disclose or
divulge or communicate to other parties any information of a secret or confidential character
acquired by them during the period of such employment relating to the trade or business of the
Company or to any experiments or researches carried out by the Company or any person in
itsemploy.
7.5 IfanEMPLOYEE’scloserelative,whetherinhis/herpersonalcapacityorasanofficer,partneror
shareholder of a private enterprise, company, or firm, should apply for or enter into a business
transaction, application, or contract with or any affiliated entity, s/he shall advise in writing of
such business transaction or circumstances before the event. A close
relativeshallincludetheEMPLOYEE’sspouse,child,parent,brother,orsisteraswellasanyrelative
within the third degree ofconsanguinity.
8. INTELLECTUALPROPERTY
EMPLOYEE will be given access to properties (tangible and intangible) and property rights of such as
partner suppliers, know-how, manuals, project lists, client information, project information and other
materials under documents, procedures, techniques, practices andsystemswhichare
implementedbyand/orcataloguedinthenameof.Theunauthorized use of these properties and property rights
outside of EMPLOYEE’s official functions or passing off to external contacts is strictly prohibited and is
punishable with the penalty of dismissal from employment, without prejudice to right to resort to legal
action. Any unauthorized removal or copying of documents and information is illegal and a violation of this
AGREEMENT. At the end of this AGREEMENT, EMPLOYEE shall turn over all such material documents
and information and declare in writing that no copies remain in EMPLOYEE’spossession.
9. CONFIDENTIALITY
In order to safeguard interest and the confidentiality of its business and affairs, EMPLOYEE agrees that
during the term of his/her employment and from and after the actual cessation of his/her
employmenthe/sheshallmaintainstrictconfidentialityandshallnotdiscloseanyof ’stechnical, business,
financial or commercial information, methods, processes, aluminum profiles (whether covered by
intellectual property protection or not or whether marked confidential or not) including but not limited to:
clients. client lists or requirements, price lists, pricing structures, marketing and sales information,
business plans or dealings, employees or officers, financial information and formula, whether authored by
EMPLOYEE orotherwise.
Failure to comply with this confidentiality undertaking shall be construed and considered a violation of the
CODES as well as gross misconduct and shall be deemed a ground for the termination of his/her
employment.
10. UNDERTAKING
EMPLOYEE shall work exclusively for the benefit of, EMPLOYEE warrants that he/she shall comply with
all his/her undertakings and obligations set forth in this AGREEMENT and shall protect MLJDR of any
actual losses, damages, costs, and expenses, including attorneys’ fees incurred as a result of the breach
of this AGREEMENT or his willful act, omission, fraud, or negligence.
11. TERMINATION
11.1 MLJDR, after observance of due process under the law, may terminate thisAGREEMENT
should the EMPLOYEE be found to have committed thefollowing:
12.1 EMPLOYEE has read and fully understood the terms and conditions hereof and accepts the
same;
12.2 The terms and conditions of EMPLOYEE’s employment have been clearly communicated to
and accepted by him/her at the time ofengagement.
IN WITNESS WHEREOF, the Parties hereunto affix our signatures on the date and at the place first above
written.
_____________________________________ __________________________________
ACKNOWLEDGEMENT
known to be the same persons who executed the foregoing instrument and acknowledged to me that the
same is their free and voluntary act and deed.
Doc.No. ;
PageNo. ;
BookNo. ;
Seriesof .
ANNEX A – DUTIES & RESPONSIBILITIES
As an appointed Security Guard at _____________ (place of assignment) - Fixed Term Contract for the
period of ___________ to _____________, your roles and responsibilities include:
As a fixed term employee, you shall be entitled to benefits and allowances as indicated in the schedule
below.
*fixed term employee shall also be entitled to other statutory leaves and benefits in accordance with law
CONFIDENTIALITY & NON-DISCLOSURE AGREEMENT
THISAGREEMENTismadethis atof ..
By and Between:
Name:
Address:
(hereinafter called the ‘Employee’) of the one part
and
Security Agency
(hereinafter called the ‘Company’) of the other part.
Whereas, the Employee has agreed to carry out work in relation to Position: Security
Guard, for the Company, andthelatter ontheother hand,wishestomaintainthe confidentiality of the nature
of the work carried out by the Employee (the 'Work’).
Whereas,thenatureoftheWorkallowstheEmployeetohaveaccesstoinformation,data,analyses,
compilations,forecasts,studies,reports,software,programsorotherdocumentswhichareofconfidential
nature(“ConfidentialInformation”)whethermadeavailableinwritten,oralordigitalform;
Whereas,theEmployeeacknowledgestheconfidentialnatureoftheWorkaswellastheConfidential
Informationmadeaccessibletohim/herduringhis/herengagement,andherebyundertakestomaintain
intacttheintegrityofthesame;
1. TheEmployeeherebyundertakesandagrees:
a. tokeepcompletelyandstrictlyconfidentialtheWorkandtheConfidentialInformation;
b. not to disclose the nature of the Work or the whole or any part of the Confidential
Informationtoanyperson,subjecttosub-clauses(i)to(iv)below,unlessauthorizedin
writingbytheCompany;
c. nottousetheWorkortheConfidentialInformationforhis/herownbenefitorforthebenefit
ofanyoneotherthantheCompany;
d. to use the Confidential Information only for the purpose for which it is supplied by the
Company;
e. tomaintaintheWorkandtheConfidentialInformationastheCompany’sproperty;
f. nottocommitanyactwhichwouldpostachallengetothepropertyrightsoftheCompany.
Theobligationofconfidentiality,however,shallnotapplytoinformationwhichtheEmployeecanprovein writing:
i. wasinthepublicdomainatthetimeofdisclosure;or
ii. waslawfullyintheEmployee’spossessionpriortosuchdisclosureandwasnotacquired
directlyorindirectlyfromtheCompanyoranyentityassociatedwiththeCompanyorfroma
thirdpartyunderanobligationofconfidence;or
iii. isorbecomespublicknowledgebyactoractsotherthanthoseoftheEmployeeorany
personrelatedtotheEmployee;or
iv. isaninformationfurnishedtotheEmployeewithoutrestrictionbyanythirdpartyhavinga
bonafiderighttodosoprovidedthattheEmployeeshallhavenotifiedtheCompanyofsuch
knowledgeandpossessionwithinseven(7)daysafterreceiptofsuchinformation.
Forpurposesofparagraph1hereof,noWorkorConfidentialInformationshallbedeemedinthe‘public
domain’or‘intheEmployee’spossession’merelybecausesuchinformationisembracedbymoregeneral
information.
2. AllWorkcarriedoutbytheEmployeeonbehalfoftheCompany,including,withoutlimitation,all
copyrights,distributionrights,intellectualpropertyrights,sourcecoding,directories,databases,
databasecontents,mailinglists,customerdata, employee dataandsupplierdatashallbethesole
propertyoftheCompanyandalldocumentationrelatingtheretoshallbethesolepropertyofthe
CompanyandshallalsobetreatedasConfidentialInformation.
AlltangibleformsofConfidentialInformation,including,withoutlimitation,allcomputerprograms,
softwareprograms,compilations,analyses,data,studies,reportsaswellasallsummaries,copies,and
excerptsofanyConfidentialInformationwhetherpreparedbytheCompanyornot,shallbethesole
propertyoftheCompany,andshallbeimmediatelydeliveredbytheEmployeetotheCompanyupon
theCompany’srequest.TheEmployeeshallnotcopy,reproduce,publish,ordistributeinwholeorin
partanyConfidentialInformationwithoutthepriorwrittenpermissionoftheCompany.
3. WithoutthepriorwrittenpermissionoftheCompany,theEmployeeshallnotdisclosetoanyother
persontheWorkortheConfidentialInformationunlessdisclosureisrequiredtobemadeunderany
applicablelocallaws.Theterm‘person’asusedinthisagreementshallbebroadlyinterpretedto
includewithoutlimitation,anycorporation,company,partnershiporindividual.Intheeventthatthe
EmployeebecomeslegallycompelledtodiscloseanyConfidentialInformation,theEmployeewill
providepromptnoticeofsuchrequestsothattheCompanymayobtainaprotectiveorderorother
appropriateremedy.IftheEmployeebecomeslegallycompelledtodiscloseanyoftheConfidential
Information,theEmployeewilldiscloseonlythatportionoftheConfidentialInformationwhichthe
Employeeislegallyrequiredtodiscloseandwillexercisebesteffortstoobtainassurancesthatthe
information will be treated as Confidential Information.
4. AsanemployeeoftheCompany,theEmployeeisexpectedtoupholdthestandardsexpresslystated
intheCompany Policy and/or
contractwheneverinpossessionofdatawithanyrelationwhatsoeverto
theCompany.ShouldtheEmployeebetaskedtocollectorobtainorholdanypersonaldataabout other
Company employees, suppliers, or business partners, it is important to ensure that the
Employee understands the proper use of the same, and to limit it to such usage. Appropriate
measuresmustbetakentokeepthedatasafeandsecure.Accesstosuchdatashould be onastrictly
“needtoknow”basis.Further,theemployeeshouldnotretaindatanolongerneeded.Datashould
bekeptforaslongasnecessaryforthepurposesforwhichtheindividualhasagreedtotheEmployee
usingit.Afterthatitshouldbedeletedordestroyed.
7. All TCSI employees are expected to uphold the standards contained in the Chat Groups and
other communication platforms used by the Company
8. TheEmployeewillnotdirectlyorindirectlyrenderworkforcompetitorsoftheCompanywithout
priorwrittennotificationtoandreceiptofwrittenacknowledgementfromtheCompany.Intheevent
that the Company receives such notification, the Company will undertake to provide prompt
acknowledgementofsuchnotificationtotheEmployee.
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9. ThepartiesagreethatnofailureordelaybytheCompanyinexercisinganyright, powerorprivilege
hereundershalloperateasawaiverthereof,norshallanysingleorpartialexercisethereofprevent
anyotherorfurtherexercisethereofortheexerciseofanyotherright,powerorprivilegehereunder.
10. TheEmployeeacknowledgesandrecognizesthatanybreachofthisagreementwouldinjurethe
Companyirreparablyandthatmoneydamagesalonewouldnotbesufficientremedyforsuchbreach.
Accordingly, theCompanyshallbeentitledtospecificperformanceandinjunctiverelieffromany
court in any jurisdiction, in addition to all other remedies available at law or inequity.
11. TheEmployee’sobligationstotheCompanyhereundershallsurvivecompletionorterminationofany
taskrequestedbytheCompany.
12. The Employee may not assign this Agreement or any part thereof or any rights hereunder
by operationoflaworotherwisewithoutthepriorwrittenconsentoftheCompany.ThisAgreement
shallbebindinguponandinuretothebenefitofthepartiesandtheirrespectivepermittedsuccessor
s andassignees.TheEmployeehasnorightstouselicenseorotherwiseexploittheConfidential
Information,byimplicationorotherwise,exceptasspecificallyprovidedforinthisAgreement.
13. ThisagreementshallbeinterpretedandconstruedaccordingtothelawsofPhilippinesandthe
partiessubmittothejurisdictionofthePhilippinecourts.
SIGNED BY:
(signature)
EMPLOYEE NAME
(printedname)
Security Agency
SIGNED BY:
(signature)
(printedname) FORANDONBEHALFOF