Fixed Term Employment Agreement - MLJDR

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FIXED TERM EMPLOYMENT AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Fixed Term Employment Agreement (the “AGREEMENT”) is executed this July 6, 2022
(“EFFECTIVE DATE”) at July 16, 2022 by and between:

SECURITY AGENCY., referred herein as, a corporation with principal office at


_____________________________ herein represented by its Human Resource
Manager, hereinafter referred to as the “”;

-AND-

EMPLOYEE/COMPANY/SUBCON NAME, of legal age, Filipino and a resident/office


address of _________________________ , herein referred to as the EMPLOYEE.

(Each and EMPLOYEE, a “Party” and together the “Parties”).

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;

NOW THEREFORE, the parties hereby agree as follows:

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. COMPANY EXPECTATIONS OF THEEMPLOYEEE

MLJDR expects the EMPLOYEE to observe the following:

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:

7.1.1 Employee Code of Conduct;


7.1.2 Company Rules & Regulations(CR&R);
7.1.3 Suchotherpoliciesandguidelines(includingamendmentsthereof)asMLJDR may
institute from time totime.

(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_____.

7.2 EMPLOYEEisrequiredtoadviseMLJDRinwritingofanybusinessorremunerativeactivity they may


have outside of MLJDR. EMPLOYEE is discouraged from engaging in any such
activitythatcouldtakeupadisproportionatepartofhis/heroff-hours,oranyappointmentwhich may
conflict with his/her employment with or engage in any activities not in the interests of. In case
of doubt, EMPLOYEE should consult the Human Resource Manager.

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.

7.6 ShouldEMPLOYEEresign,retire,orotherwiseleaveemploymentwithMLDJR,EMPLOYEE agrees


not to take up employment or consultancy of any kind, within a period of six (6) months
fromtheeffectivedateofEMPLOYEE’sseparation,withany business partner or, should
EMPLOYEE be privy to confidential information relating to these businesses. When in doubt
on this point, EMPLOYEE should consult the HR Business Partner of EMPLOYEE’sfunction.
7.7 MLJDR expects and demands the highest levels of corporate conduct from EMPLOYEE as
identified in the MLJDR Code of Business Principles and its amendments. EMPLOYEE is
required to confirm your acceptance and commitment to these principles. Any breach of these
requirements could result in termination of employment. Further, EMPLOYEE is expected to
bring to the attention of any infringement of these principles of which you may become aware
during the course of EMPLOYEE’semployment.

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:

11.1.1 Any act or omission which is considered terminable under theCODES.


11.1.2 Serious misconduct or willful disobedience by EMPLOYEE of the lawful orders of
MLJDR in connection with his/herwork;
11.1.3 Gross and habitual neglect by the EMPLOYEE of hisduties;
11.1.4 Fraud or willful breach by the EMPLOYEE of the trust reposed in him by or its
duly authorizedrepresentative;
11.1.5 Commission of a crime or offense by the EMPLOYEE involving moral turpitude;
and
11.1.6 Other causes analogous to theforegoing.

11.2 TheEMPLOYEEmayvoluntarilyterminatethisAGREEMENTonlyupongivingat least thirty (30)


days written notice before the intended date oftermination.

11.3 UponterminationofthisAGREEMENT,theEMPLOYEEagreestostrictlycomplywithSection 10.

12. ACCEPTANCE OF TERMS AND CONDITIONS OFEMPLOYMENT

EMPLOYEE’s affixing of his/her signature on the AGREEMENT signifies that:

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

REPUBLIC OF THE PHILIPPINES )


) SS.

BEFORE ME, a Notary Public forandin , personallyappeared:

Name Government-issuedIDNo. Place/Date Issued J

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.

WITNESS MY HAND AND SEAL,onthis dayof .

Doc.No. ;
PageNo. ;
BookNo. ;
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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:

ROLE & RESPONSIBILITIES:

List the duties and responsibilities of security guards.


ANNEX B – COMPENSATION & BENEFITS

As a fixed term employee, you shall be entitled to benefits and allowances as indicated in the schedule
below.

Benefit Period Period


Checklist Less than 6 months More than 6 months

*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;

NOW, THEREFORE, IT IS HEREBY AGREED as follows:

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.

6. TheEmployeeshalllikewisestrictlycomplywiththe CodeofBusinessPrinciples.(See Annex)

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.

2
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)

FOR AND ON BEHALF OF THE

Security Agency

SIGNED BY:

(signature)

(printedname) FORANDONBEHALFOF

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