Martin Gabriel Cabrera FT Contract

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August 1, 2022

Martin Gabriel Cabrera


42D WEST WING, THE RISE MAKATI, 7248 MALUGAY STREET, MAKATI, 1227

Dear Martin Gabriel,

We are glad to welcome you to Rustan Coffee Corporation. This will formally confirm your employment
with the company on a 90-day introductory period as a full time barista effective August 1, 2022 up to
November 1, 2022 after which you will be evaluated according to your performance. A copy of your key
responsibilities as a barista and a sample copy of the performance appraisal form which constitutes the basis
of your regularization will be given to you.

Your gross compensation will be P 16,000 per month.

Your pay is based on a 45 hour-week (i.e. 9 hours a day for five working days). Your Store Managers will
be assigning to you your shift schedule and your days-off.

As a partner we believe you have the skills, ability work attitude and diligence that we expect. We shall
regularly evaluate your work to see how you have performed in each job assigned to you. The company has
the option to terminate your services at any time for just and reasonable cause without liability to the
company other than the salary actually earned up to and including the date of separation from the company
service for just cause, when authorized by existing laws or when you fail to meet the requirement of your
position or the Rustan Coffee Corporation standards.
Promotions and upward salary adjustment will depend on your progress in terms of your efficiency and
demonstrated capacity to do quality work and to assume greater responsibility.

The scope and extent of these benefits with office rules and procedures will be explained to you by the store
managers.

As an employee of the company, you are expected to do your share in the common effort of meeting our
professional commitments by not resigning or going on leaves of absence during the specified busy periods
of operations, October to December, as these are on busy periods.

You will also be required to attend local courses outside the company with our policy on training.

We may have retail operations in different areas of the Philippines. You as a member of the company may
therefore be asked and agree to work in these areas/stores as assigned.

During your employment with the company, you are expected to devote your entire time and attention to
the performance of your duties as a partner. Under no circumstances should you work for any individual or
company engaged in the same or similar business endeavors even on a part-time basis.

If these conditions are acceptable to you, please sign on the space provided.

We look forward to working with you and your spending with us many years of mutually rewarding
professional relationship.

This contract is covered by the laws of the Philippine Government.

Warm Regards,

Isabel Y. Cacho
Head of Partner Resources

IT IS AGAINST COMPANY POLICY TO DISCUSS YOUR PAY WITH ANYONE ELSE AS THIS IS
CONFIDENTIAL.

Agreed: _________________________________ ___________________________


Partner’s Printed Name & Signature Date Signed

3/F 14 Jupiter St. Bel-Air 1, Makati City, Philippines 1200


DEED OF UNDERTAKING
Full Time Barista

KNOW ALL MEN BY THESE PRESENTS:

This Deed of Undertaking made and executed by:

Martin Gabriel Cabrera residing at 42D WEST WING, THE RISE MAKATI, 7248 MALUGAY
STREET, MAKATI, 1227 hereinafter called the EMPLOYEE;

- and -

RUSTAN COFFEE CORPORATION, a corporation duly organized and existing under and by virtue of the laws
of the Philippines with office address at G/F Urban Building, 405 Sen. Gil Puyat Avenue, Makati City, represented
by its head of Partner Resources, ISABEL Y. CACHO, hereinafter referred to as the COMPANY.

WITNESSETH:

WHEREAS, the EMPLOYEE, who is presently employed by the COMPANY as Full Time Barista has
been trained by the COMPANY for the Barista Core Training from August 1, 2022 the latter is willing to and has
accepted his/her training under the auspices and expenses of the COMPANY;

WHEREAS, COMPANY is entitled to protection in the event that EMPLOYEE prematurely resigns or
terminates his/her employment with the COMPANY;

WHEREAS, that the training of the EMPLOYEE being under the auspices and expenses of the COMPANY,
COMPANY shall provide for the continuance of his/her present salary and allowances, if any, and any additional
allowances for expenditures in undertaking such training shall be shouldered by the COMPANY and covered by a
separate agreement.

NOW, THEREFORE, for and in consideration of the foregoing premises, EMPLOYEE undertakes in favor
of COMPANY as follows:

1. That during his/her training, EMPLOYEE, shall exert his/her best efforts to learn the core classes and
techniques covering his/her work and responsibilities and shall impart the knowledge he/she has gained
to the COMPANY.

2. That to enable the COMPANY to recover a fair return on the expenses COMPANY spent for the
training of EMPLOYEE, the latter agrees to continue and remain in the employ of the COMPANY for
a minimum period of six (6) months. Should EMPLOYEE decide to resign or terminate her employment
with the COMPANY before or anytime prior to the expiration of the said six (6) month period or is
terminated for cause under the company rules and regulations and the law, he/she, shall reimburse the
COMPANY for all the expenses incurred by the COMPANY for his/her training in accordance with the
following schedule:

Period of Service Amount to be Reimbursed

0 to 1 month P 48,000.00
1 to 2 months 40,000.00
2 to 3 months 32,000.00
3 to 4 months 24,000.00
4 to 5 months 16,000.00
5 to 6 months 8,000.00

Furthermore, EMPLOYEE cannot put himself/herself under the employ or work for a competitive company, person
or entity., in the Philippines either directly or indirectly, doing the same jobs as he/she is currently doing for the
COMPANY for a period of one (1) year from the date of (his/her) resignation, termination or separation from the
COMPANY as covered separately by the Confidentiality and Non-Competition Agreement.

3. INDEPENDENT CLAUSE – This Agreement shall be construed as an independent contract separate and
distinct from other contracts, if any, priorly executed and existing between the parties hereto i.e.,
Employment Contract or its extension henceforth, independently enforceable and binding between the
parties notwithstanding the existence of other contracts.

4. VENUE AND ATTORNEY’S FEES – that any action arising out of this Deed may be instituted by the
parties at any of the courts of Metro Manila, Philippines. The party giving cause amount as and for

3/F 14 Jupiter St. Bel-Air 1, Makati City, Philippines 1200


attorney’s fees and litigation expenses

IN WITNESS WHEREOF, parties have hereunto caused this instrument to be signed this ____ day of _______ at
_______________.

RUSTAN COFFEE CORPORATION


By: (COMPANY)

_____________________________ ___________________________________
Isabel Y. Cacho Partner’s signature over printed name
Head of Partner Resources

Signed in the presence of

____________________________ ________________________
Witness Witness

REPUBLIC OF THE PHILIPPINES)


)

BEFORE ME, a Notary Public for and in _____________, personally appeared


__________________________________ with CTC# ___________________ issued on _____________________
at ________________ and Isabel Y. Cacho with CTC# _______________ issued on
________________ at _______________head of Partner Resources; known to me and to me known to be the same
persons who executed the foregoing Deed of Undertaking and they acknowledged to me further that the same is of
their own true act and voluntary deed as well as that of the corporation Ms. Isabel Y. Cacho represents. This instrument
consisting of two (2) pages including this page whereon the acknowledgement is written are signed by the parties and
their instrumental witnesses on each and every page hereof.

Witness my hand and seal, this _____th day of _____________ at __________________.

Doc. No. ______; Notary Public


Page No. ______; Until December 31, 20____
Book No. ______;
Series of ______

3/F 14 Jupiter St. Bel-Air 1, Makati City, Philippines 1200


CONFIDENTIALITY, NON-DISCLOSURE
AND NON-COMPETITION AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Contract is entered into by and between:

RUSTAN COFFEE CORPORATION, a corporation duly organized and existing under and by virtue
of the laws of the Republic of the Philippines with office address at Urban Building, Sen. Gil Puyat Ave.,
Makati City, herein represented by Isabel Y. Cacho, head of Human Resources, hereinafter referred to
as the “COMPANY”
- and -

Martin Gabriel Cabrera residing at 42D WEST WING, THE RISE MAKATI, 7248 MALUGAY
STREET, MAKATI, 1227 hereinafter called the EMPLOYEE;

WITNESSETH: THAT

WHEREAS, the COMPANY has hired the employment of the EMPLOYEE as Full Time Barista

WHEREAS, the COMPANY has obtained the right to develop, operate and manage Starbucks Store as well as
the right to market Starbucks Products within the Philippines by virtue of the Area Development and Operation
Agreement (ADOA) entered into by and between the Company and Starbucks Coffee International, Inc.
(STARBUCKS);

WHEREAS, the COMPANY has been provided and will be provided access to trade secrets and other confidential
or proprietary information belonging to STARBUCKS and its Affiliates relating to the operation, development
and marketing of Starbucks Stores and Starbucks Products;

WHEREAS, by virtue of employment of the EMPLOYEE, the COMPANY imposes strict restriction on the rule
on Confidentiality and Non-Disclosure , which the EMPLOYEES shall observe and comply faithfully during all
the time of his/her employment with the COMPANY and thereafter.

THEREFORE, BY REASON OF THE FOREGOING CONSIDERATION, the employee agrees on the


following:

1. The EMPLOYEE shall maintain the confidentiality of all Confidential and Proprietary Information he/she
may be given or have access from the COMPANY and that, he/she shall not use or disclose such Confidential
Information for his/her own personal benefit or the benefit of any other person or entity, during the course of
his/her employment and thereafter.

2. The EMPLOYEE shall use at least the reasonable standard of care with respect to protecting Confidential
Information of the COMPANY that he/she accords to his/her own proprietary and confidential information,
but not less than a reasonable degree of care;

3. By “Confidential Information” means all information designated by the COMPANY and such shall include
without limitation, information relating to data, file, documentation, specifications, data bases, networks,
system design, tool combinations and development methods, as well as information relating to disclosure of
the COMPANY’S business methods, ideas, marketing strategies, pricing, inventions, discovery, competitor
information, product development strategies and methods, customer lists and financial results. Likewise,
Confidentiality includes information received in the course of his/her employment which is treated as
confidential and oral information that is identified by the disclosing party as confidential information.
Confidential information disclosed by the subsidiary of the COMPANY or its agents is covered by this
agreement. Confidential Information likewise includes all tangible materials which contain information
whether written or printed documents, computer disks or tapes;

4. The EMPLOYEE acknowledges that any unauthorized use or disclosure of Confidential Information may
cause the COMPANY an irreparable damage for which remedies other than injunctive relief may be
inadequate and the EMPLOYEE hereby agrees that the COMPANY may seek injunctive relief or other
remedies to restrain such act of disclosure. Further, it is understood that the COMPANY shall have all the
rights to pursue any action, administrative, civil and criminal pursuant to the provisions of the existing law
on the matter as against the erring EMPLOYEE who willfully violates any provision of this Agreement.
Furthermore, the EMPLOYEE acknowledges that a breach of this Agreement shall be a basis for immediate
termination from employment;

5. On the matter of restriction on the subject of non-competition, the EMPLOYEE agrees that during the period
of his/her employment with the COMPANY, he/she shall not be directly or indirectly involved or engaged
in any manner, singly or collectively with any person or entity, in the business of the COMPANY,
which is considered conflict of interest. Moreover the EMPLOYEES upon termination of his/her
employment with the company for any reason, shall not be employed or have any business
connection/dealing with any entity or establishment which directly or indirectly competes with the

3/F 14 Jupiter St. Bel-Air 1, Makati City, Philippines 1200


business of the COMPANY within a period of one (1) year from date of separation. Violation of this
Agreement shall subject the EMPLOYEE to pay liquidated damages in the agreed sum of P100, 000.00
(one hundred thousand pesos).

6. That the terms of this agreement shall survive any termination of the EMPLOYEE’S employment with the
COMPANY for any reason, for a period of five (5) years.

7. Finally, the EMPLOYEE hereby declares that he/she had read and understood fully the contents of this
document, moreover, the same has been fully explained to him/her by management and the EMPLOYEE
agrees to be bound under this agreement unconditionally and without reservation.

IN WITNESS WHEREOF, the parties have hereunto signed this contract this ______ day of
_____________ at Makati City.

RUSTAN COFFEE CORPORATION


By:

_______________________________ ____________________________________
Isabel Y. Cacho Partner’s Signature over Printed Name
Head of Partner Resources

Signed in the presence of:

_______________________________ ________________________________
witness witness

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES)

_____________________________) S.S.

BEFORE ME, a notary public for and in ________________, personally appeared the following person with their
Community Tax Certificate, to wit:

Isabel Y. Cacho CTC# ____________ __________ ________ City

__________________________________________________________

Known to me and to me known same persons who execute the foregoing agreement and they further acknowledge to
me that the same is of their own true act and voluntary deed as well as that of the corporation represented.

This instrument consisting of ___________ ( ) pages including this page wherein this acknowledgement is
written are signed by the parties and their instrumental witnesses.

WITNESS MY HAND AND SEAL, this ______ day of _____________ at ___________________

Doc. No. _____:

Page No. __ __:

Book No. _____:

Series of 20___:

3/F 14 Jupiter St. Bel-Air 1, Makati City, Philippines 1200


3/F 14 Jupiter St. Bel-Air 1, Makati City, Philippines 1200

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