CONTRACT OF EMPLOYMENT
KNOW ALL MEN BY THESE PRESENTS:
This Agreement is executed this ___ day of __________ _______________ ______________________ ______________ ____________P _____Philippine hilippines, s, by and and between: between:
at
The _____________ ____________________ _____________ _____________ __________ ___ ,, a corporation duly organized and existing under the laws of the Republic of the Philippines, represented in this act by its herein representative _____________ ___________________ __________ ____ , duly duly auth author oriz ized ed by the the oar oard d of Trus Truste tees es,, with with offi office ce addr addres ess s at _____________ ___________________ _____________ _______hereinafte hereinafter r referred to as the “EMPLOYER” !and! JOHN JOHN DOE, DOE, here herein inaf afte terr refe referr rred ed to as the the “EMPLOYEE”, “EMPLOYEE” , with residential address at "##$%, _____________ ___________________ _____________ ______________ _____________ ________ __
&'T()**)T+: That &+)R)A*, the )mployee voluntarily accepts the offer of the employer to be trained for the ________________training worshop in the starting on ______ to to ________. ____________________ starting &+)R)A*, the )mployee-s expenses incurred during his training lie board and lodging and travelling expenses will be shouldered by the employer. &+)R &+)R)A )A*, *, the the )mpl )mploy oyee ee agre agrees es and and acce accept pt the the empl employ oyer er-s -s offe offerr to be employed as ________________ after after such training/ &+)R &+)R)A )A*, *, the the )mpl )mploy oyee ee full fully y unde unders rsta tand nds, s, agre agrees es,, and and acce accept pts s the the )mployer-s proposal and terms and conditions stipulated herein. (0& T+)R)10R), for and in consideration of the foregoing and of the mutual covenants and undertaings hereinafter set out, the parties agree as follows:
1.
DATE OF OF COMMENCEMENT
%/% 2our empl employ oymen mentt as medic medical al tech techno nolog logist ist will will comm commenc ence e on the the openi opening ng of operations of _______________________________on ________________ /
2.
JOB SUMM ARY
3%
The )mployee shall be responsible for rendering services as a
3.
SPECIFIC RESPONSIBILITIES
5/%'n addition to general nursing care, responsibilities of a D!"#$$ N%&$' include 6but are not limited to7: 5/3 a/ To provide direct care to patients undergoing dialysis based on the rules and regulations established by the 80+ and approved by company policies and procedures. b/ To chec and prepare all materials needed and ensure it is available before the start of dialysis. c/ To read and carry out doctor-s orders and ensure that dialysis is performed accordingly. d/ To assess patient using the nursing process before, during and after dialysis. e/ To assess, inspect, regulate and monitor all machine settings and parameters. f/ To prepare patient-s access using the re4uired standards for arteriovenous fistula and external access preparation. g/ To communicate with the doctor regarding identified patient related problems and initiate interventions for the same. h/ To administer medications as ordered and properly document the same. i/
To perform, monitor and record pre!, intra! and post dialysis treatment vitals signs.
9/
To initiate perform cardiopulmonary resuscitation 6;PR7 in the event of cardiac andor pulmonary arrest and see to it that all activities are supervised, organized and documented.
/ To update the patient-s record during and after every dialysis session. l/
To protect patients from accidents, hazards and potential infections.
m/ To regular do inventories of e!cart medicines and ward stocs at the end of every shift. n/ To observe the line of communication and applies appropriate communication techni4ues in reporting, recording and relaying information or data. o/ To provide information and health education to patients and significant others regarding the plan of care.
4/ To supervise and perform administrative functions as may be assigned by the chief nurse andor immediate superior. and r/ To perform other related duties as assigned by the chief nurse andor immediate superior/ (.
IMMEDIATE SUPERIOR
=/% 2ou shall directly report to the chief nurse and or head of the dialysis unit 6(ephrologist7 ).
SALARY * TERM OF CONTRACT
>/% 2our starting basic salary will be ______________________!per month ______________ >/3 )xcept those re4uired by law, any bonus or declarations of bonus shall be made at the sole and absolute discretion of the company/ 'n determining the amount of bonus, the ;ompany shall consider your wor performance, amongst other factors/ >/5 2our performance will be reviewed from time to time and the )mployer ;ompany shall mae ad9ustments upwards to your salary as it sees fit/ >/= The ;ompany shall deduct from your salary and bonus all such sums it is authorized to deduct under the ?aws of Philippines, whether for employee-s share of ***, PA@!''@, &'T+0?8'(@ TA, or otherwise those similar thereto/ >/> The term of this contract shall be for a period of _______________ from the signing of this contract/ +.
WORKIN HOURS
$/% The employee shall report for wor for -' /)0 !#$ ! '' , '456 /70 58%&$ ! !# in any of the following shifts ______________/. __________________. and __________________/ $/3 2ou may be re4uired to wor beyond the normal woring hours to discharge your duties at the sole discretion of the ;ompany/ $/5 The )mployer company reserves the right, at its sole discretion, to revise, amend or extend the woring hours should the need arise/ 9.
TERMINATIONS AND NOTICE
B/% The )mployer ;ompany has the right to terminate the employee-s services if the employee is found guilty of misdemeanor, misconduct, negligence or breach of any of the terms of this agreement, or those analogous cases thereto/ B/3
employee via registered or personal mail at the employee-s registered address/ The same shall constitute valid and legal notice to the employee regardless if actually received by the same/ B/= 8uring your notice period, the employee shall return all documents and materials relating to the employee-s wor and ensure a smooth transition of duties and responsibilities/ 'f the employee fails to complete the handover during the notice period, the )mployer ;ompany shall be entitled to li4uidate damages from employee as stipulated herein, without pre9udice to other damages that may be claimed by the )mployer/ 7.
CONFIDENTIALITY
C/% The employee shall not disclose to any third party any confidential information obtained during your course of employment unless expressly authorized by the ;ompany/ C/3 ;onfidential information for the purposes of this contract includes and is not limited to trade secrets, business plans, strategies and financial information and any other information that will affect the ;ompany-s competitive position/ C/5 The employee-s obligation to maintain confidentiality and secrecy shall apply after employee-s employment and until such time that the information is no longer confidential or has been made public by the )mployer ;ompany/ C/= The employee shall not without prior written consent of the )mployer ;ompany destroys, mae copies, duplicate or reproduce in any form the ;ompany-s confidential information/ C/> Diolations of the above agreement by the employee shall liewise entitle to the )mployer to li4uidated damages stipulated herein/ .
DEFAULT OR BREACH
E/% reach of any and or all of the provisions contained herein and or delays in the performance of the obligations by the employee or failure to comply with Article 3C> % of the ?abor ;ode of the Philippines shall entitle the )mployer to li4uidated damages/ The )mployer, apart from any other ind of damages it may be entitled under the law, shall be entitled to li4uidated damages in the amount of _________________________. *hould the )mployer engage the services of counsel to protect and enforce its rights and interests under this Agreement, the employee shall also be liable for twenty percent 63#F7 attorney-s fees and shall bear the costs of suit/ E/3 *hould the )mployee pre!terminate this contract, '( A88'T'0(, to the stipulated li4uidated damages, the )mployee shall reimbursed all cost and expenses made by the )mployer to the )mployee for the )mployee-s special training and schooling for this engagement/ 1;.
NOTICES
11.
ENTIRE AREEMENT
%%/% This Agreement constitutes and embodies the entire and complete agreement between the parties and no other terms and conditions, verbal or otherwise, not herein expressly contained, shall change, modify, be added to, or in any manner alter the provisions herein agreed upon unless such change, modification, addition or alteration is embodied in a written agreement duly signed by the parties and duly notarized/ 12.
NON
%3/% Any failure of either party to demand compliance with any of the terms and conditions of this Agreement shall not be considered a waiver by the contracting party for the enforcement of this Agreement nor shall it relieve the other party of any of its obligations stipulated herein/ %3/3 Any waiver by either party of any term or condition herein provided shall not affect the right of the other party to re4uire the performance hereof/ Any waiver by either party of any part or provision of this Agreement or the breach hereof in any one or more instances shall not be construed as a continuing waiver of such term or provision or as a succeeding breach thereof/ 13.
AMENDMENT
%5/% This Agreement may be amended, modified, superseded, or cancelled, and any term or provision hereof may be waived, provided that it shall only be in writing executed by both contracting parties or, in the case of waiver, by the party waiving compliance hereof/ 1(.
SE=ERANCE
%=/% All of the clauses of this Agreement are distinct and severable, and if any clause shall be deemed illegal, void, or unenforceable, it shall not affect the validity, legality, or enforceability of the other clause or portions of this Agreement/ 1).
NON
%>/% The employee agrees to refrain from a period of one 6%7 year after the termination of the employment with the employer and its affiliates from engaging in an activity which in pre9udicial to the interest of the )mployer, its affiliates, or from 9oining a direct competitor of the )mployer ;ompany/ *hould the employee violate this provision, the @roup serves itGs right to initiate the necessary legal actions against you, including the procurement of the necessary restraining orders and in9unctions, in addition to other available legal remedies and damages/ 1+.
MISCELLANEOUS PRO=ISIONS
%$/% All covenants and agreements herein contained shall insure to the benefit of both parties and shall bind their respective personal representatives, assigns, heirs, and successors!in!interest/
19.
O=ERNIN LAW
%B/% This Agreement shall be governed by and construed in accordance with the Philippine ?aw/ '( &'T()** +)R)01, the parties hereunto affix their signature this ____________ day of____________________ 3#%$/
___________________________________ E>?"8#'&
JOHN DOE E>?"8#''
*igned in the Presence of:
__________________________
___________________________
A;H(0&?)8@I)(T Republic of the Philippines 7 ;ity of ____________________7 */*/
)10R) I), a (otary Public in and for the ;ity of _______________________ _____________________, this _____ day of __________________, personally appeared: (AI)
)D'8)(;) 01 '8)(T'T2
%/ ____________________________ 3/ _____________________________ 5/ _____________________________
who is personally nown to me to be the same person who executed and voluntarily signed the foregoing Agreement which they acnowledged before me as their free and voluntary act and deed/ The foregoing Agreement consisting of ______ pages including the page on which this acnowledgment is written, has been signed on the left margin of each and every page by the party6ies7 and the witness6es7/ &'T()** I2 +A(8 A(8 *)A?, this ___ day of _____________in the ;ity of ___________________/ 8oc/ (o/_______. oo (o/_______. Page (o/_______. *eries of 3#%$/
JART';?) 3C>/ Termination by employee/ K 6a7 An employee may terminate without 9ust cause the employee!employer relationship by serving a written notice on the employer at least one 6%7 month in advance/ The employer upon whom no such notice was served may hold the employee liable for damages/ x xL 1
