Employment Agreement
Employment Agreement
Employment Agreement
This Employment Agreement shall become effective on FEBRUARY 18, 2024 (the
“Execution Date”) and is subject to the terms and conditions stated below by and between
BUDNESSA B. OCAMPO, sole proprietor of MCSYN’S BIRTHING HOME (the “Employer”) and
MARY GRACE PORLANTE LISING (the “Employee”), collectively referred to as the “Parties”.
1. POSITION. The Employer hereby hires the Employee for a full-time position as
“MIDWIFE PROVIDER”. The Employee must perform any work required for this position
and report it to the supervisor or manager. The Employee guarantees the full capacity to
complete all the duties and assures no criminal records in the Philippines.
2. TERMS. This Employment Agreement started on FEBRUARY 18, 2024 and shall
continue for an undefined term (the “Employment Term”) until terminated by either party.
The Employee must complete a probationary period of six (6) months starting from the
Execution Date. At any time during the probationary period, the Employer will have the
right to terminate this Agreement without any compensation to the Employee other than
wages owed for hours of work already completed.
3. SCOPE OF WORK. The Employee will perform a range of duties and accept such
responsibilities as assigned by the Employer. The Employee must comply with any
lawful order from the Employer. During the Employer’s employment period, the
Employee shall devote his/her full business time, attention, skills and efforts to his/her
duties’ faithful performance of his/her position and as described below:
The Employee agrees to be subject to the Employer’s general supervision and abide by
the Employer’s rules and regulations, including those relating to the Employee’s scope of
work, working hours, and vacation.
4. WORKPLACE. The Employee will perform duties at the following address: MCSYN’s
Birthing Home, Zone 1 La Opinion, Nabua, Camarines Sur, Philippines.
5. WORKING HOURS. The Employee’s standard workweek shall be Monday to Friday
from 8:30 am to 6:30 pm. As per the Employer demands, the Employee agrees to work
slightly different hours from time to time. In particular, the Employee shall work on an
average of forty-eight (48) hours per week.
6. SALARY. The compensation paid monthly to the Employee will include a base salary of
Php amount. This compensation will be payable once a month for the duration of the
Agreement.
7. BENEFITS. During the term of employment, the Employee shall be entitled to participate
in all Employee benefit plan as follows:
a. Commission:
b. Bonus:
c. Allowance:
d. Life Insurance:
e. Social Security:
8. VACATION. The Employee will be entitled in the following paid vacation each year
during the term of this Agreement:
a. Annual leave: The Employee shall be entitled to up to thirteen (13) working days of
paid vacation leave, with an additional one (1) day every year starting on the 3 rd year
of service and convertible to money at the end of each year. Maximum vacation
leave is 18 days.
The Employee must give the Employer at least seven (7) days notice before taking a
vacation.
b. Sick Leave: The Employee will be granted sick leave with pay upon informing the
Employer before and providing a medical certificate to the Employer.
c. Additional leave: Additional leave taken will be unpaid and granted at the Employer’s
discretion.
9. NON-SOLICITATION.
a. Clients. During the term of the Agreement and for two (2) years following its
termination, the Employee shall not solicit the other party’s customer to offer
services.
b. Employees: The Employee undertakes during the term of this Agreement and for two
(2) years following its termination, shall not recruit or solicit the Company’s employee
in a business or contractual relationship.
c. Business Association: The Employee undertakes during the terms of this Agreement
and for two (2) years following its termination, shall not recruit or solicit the
Employer’s business partners located in or outside the Philippines to engage them in
a business or contractual relationship.
10. CONFIDENTIAL INFORMATION. During the employment period and after two (2) years
from the Employment Term’s termination, the Employee shall not disclose any
confidential information. The Employee acknowledges that the confidential information is
the exclusive property of the Employer. Confidential Information will include all files,
data, clients’ information, software, research materials or other intellectual property shall
belong to the Employer.
11. TERMINATION. The Parties may terminate this Agreement at any time, with or without
cause, by providing thirty (30) days written notice in accordance with the laws of the
Philippines.
In the event of termination of this Agreement by the Employer with cause, the Employee
will not be entitled to any bonus, profit sharing or any other additional compensation or
benefit, except as otherwise provided by law.
The Employer may terminate this Agreement immediately as per the following
Employee’s misconduct:
a. Performing duty dishonestly or intentionally committing a criminal offense against
the Employer;
b. Wilfully causing damage to the Employer;
c. Committing negligent acts causing serious damage to the Employer
d. Violating work rules, regulations or order of the Employer after written warning
having been given by the Employer, except for a serious case with no requirement
for the Employer to give warning.
e. Being absent from duty without justifiable reason for two (2) consecutive working
days regardless of whether there is a holiday in between.
In the event of termination of this Agreement for any reason, the Employee must return
to the Employer all properties, documents, computers, keys and other materials that
belong to the Employer.
12. GOVERNING LAW. This Employment Agreement shall be governed by and construed
in accordance with the laws of the Philippines.
This Agreement is draws up in two (2) identical copies, one for each party. Both parties have
read and fully understand this Agreement. This Agreement shall become effective and
legally binding upon signature by each of the Parties.
SIGNED by:
Witness Witness