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PROJECT-BASED EMPLOYMENT CONTRACT

Employee Name: ___________________________________

Address: _ l_____________________________________________________________

Dear Mr./Ms. ________________________________:

This will confirm your Employment with GDM INNOVATIVE INC., under the following
terms and conditions:

Position: _________________
Project:
_________________
Salary: P15,000.00/month (inclusive of SSS, Philhealth, and Pag-ibig)
Work Schedule(s): Shifting duties (either morning or evening)
Others:

1. You are hereby being offered the above-mentioned position in GDM INNOVATIVE INC.,
a corporate entity duly organized and existing under the laws of the Philippines
(hereafter, the “Employer-Company”).

For this purpose, you acknowledge that you are fully aware that the Employer-Company
is a separate and distinct independent entity and has no, in any way, manner or form,
relation to other companies owned by the Employer-Company its officers, stockholders,
directors and agents.

2. Your employment is project-based in nature which shall commence on February 6,


2019 until the identified project has been terminated or your scope of work has been
accomplished, whichever comes first. Your employment shall be automatically be
terminated even without prior notice.

3. The Employer-Company reserves its right to terminate this contract should there be no
need for its continuance or if there is a violation of any of its provisions. Nonetheless, the
parties herein may enter into a written agreement extending the duration of your
employment.

4. Your performance shall be constantly evaluated by the Employer-Company and a


deliberation shall be conducted for purposes of determining your entitlement for
continued employment. If, in the exclusive judgment of the Employer-Company, your
performance is unsatisfactory, your employment may be terminated on or before the
expiration of the project or the scope of your work in the project.

5. Not performing well on duties and responsibilities may lead to termination.

6. In the event that your services are pre-terminated by the Employer-Company, you will be
entitled only to your wages up to the end of your last working day net of any
accountability.

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7. In the event your employment is terminated for any legal reason, whether due to non-
qualification, termination or resignation, you hereby agree to undergo an employee exit
clearance procedure wherein you will be required to: (a) do all things necessary, even
after the effective date of the termination or cessation of your employment, to turn over
your duties and to finalize your unaccomplished work, including the rendering of
reports, to the Employer-Company (b) undergo an exit interview; (c) cooperate with the
Employer-Company in the determination of any pending liabilities which you may have
against the Employer-Company and that you hereby authorize the Employer-Company to
deduct from your last pay any liabilities, due and owing, to the Employer-Company; and
(d) cooperate with the Employer-Company for the determination of any possible
violation of the provisions or terms of this contract and/or the Employer-Company’s
rules and regulations.

8. Failure on your part to undergo or to complete the employee exit clearance procedure
shall serve as a ground for the Employer-Company to withhold any amounts due you
until such time that you undergo or complete the exit clearance procedure.

9. Your entitlement to continuous employment shall be based on the following standards:


(1) satisfactory work performance and output; (2) commendable character; (3)
acceptable attendance and punctuality record; (4) compliance with company
rules and regulations; (5) qualification and suitability for regular employment;
and (6) compliance with the job and operational requirements of the Employer-
Company. Further, your probationary employment shall be dependent on your
completion of hiring documentary requirements required by the Employer-Company.

10. The Employer-Company reserves the right to terminate or cancel this contract prior to
the expiration of the probationary period provided herein for just or valid causes.
Termination may be due to any, but not necessarily limited to the following:

a. Inefficiency
b. Incompetence
c. Tardiness
d. Insubordination
e. Just and authorized causes enumerated in Article 282, 283 and 284 of the Labor
Code;
f. Failure to substantially meet the employment standards;
g. Violation of the provisions under the “Confidentiality Agreement”
h. Other cause provided in the Company’s rules and regulations; and
i. Other analogous causes.

11. The Employer-Company has high regard to punctuality. In this regard, three (3) late
reporting to assigned work shift shall be a ground to terminate your services, even with
prior notice or warning. Your salary will be deducted for every hour, or a fraction thereof,
that you are late. In case you anticipate that you will not be able to report to work due to
health reasons, you are required to submit a medical certificate on your next report to
work as proof of your medical condition.

12. Using prohibited drugs, drinking alcoholic beverage and gambling at the barracks are
strictly prohibited. Anyone caught will automatically be terminated.

13. This project-based employment does not entitle you to any benefits that are or may
hereafter be granted to regular/permanent employees of the Employer-Company.

14. Your salary shall be payable in two parts, i.e. every 15th and 30th of the month, in cash,
from which shall be deducted the proper amounts of loans and cash advances. Your

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compensation and its components may be adjusted, provided that there is mutual
consent in writing between you and the Employer-Company.

15. By signing this Contract, you agree and recognize that you are bound by the Employer-
Company’s policies, standard operating procedures, rules and regulations. All existing
rules and regulations, as well as those which may hereafter be implemented by the
Employer-Company, shall be deemed incorporated in this Contract. For this purpose, you
acknowledge that the Employer-Company’s policies, standard operating procedures,
rules and regulations have been discussed to you during the company orientation as a
pre-employment requisite and that you fully understood and voluntarily agree to be
bound thereby at all times. By signing this Contract, you further acknowledge that it shall
be your duty and responsibility to be informed of all existing and future policies,
standard operating procedures, rules and regulations of the Employer-Company and to
comply and observe the same in good faith.

16. You shall be required to work for eight (8) hours a day. You may be required to render
overtime work or requested to report on a Sunday when the exigencies of work and/or
your position is necessary. You shall not perform any overtime work on any workday, rest
day or holiday unless specifically directed by the duly designated officers of the
Employer-Company.

17. All overtime work must be filed and approved by the duly designated officers of the
Employer-Company or of the Project Heads.

18. You shall abide by the work schedule given to you by Management. The Management of
the Employer-Company shall solely prescribe your work schedule and hereby reserves
the right to change the same as it may deem necessary to meet the business needs and
operational requirements of the Employer-Company.

19. By signing this Contract, you hereby acknowledge and recognize the Employer-
Company’s right and prerogative to transfer, reassign or re-designate you to perform
such other tasks within the Employer-Company’s business organization or in other
branches or units as it may deem necessary.

20. By signing this Contract, you hereby agree to shoulder your own Personal Protection
Equipment should you decide to leave voluntary, or in some instance be
terminated/force severance, the Company in less than 6 months and shall be deducted
from your last pay

21. You hereby agree to maintain in strictest confidence and to refrain from directly or
indirectly using, publishing, disclosing, communicating, or disseminating to any person,
firm or corporation, any and all of the Employer-Company’s Non-Public and Confidential
Business Information, as defined hereunder, which you will receive on account of your
employment with the Employer-Company, at all times during the period of your
employment and thereafter unless such disclosure, use or dissemination is done with the
prior specific written authorization from the Employer-Company.

As used in this Contract, the term “ Non-Public and Confidential Business


Information ” shall embrace all data, materials, computer files, specifications, and
manuals relating to business plans, marketing plans, technical trade secrets, financial
information, published or unpublished financial statements, and other information,
including Third-Party Information as defined below, disclosed, discussed or submitted,
orally, in writing, or by any other media, by the employees, officers or directors of the
Employer-Company or any of its subsidiaries or affiliates to you.

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The term “Third-Party Information ”, as used herein, is defined as any and all
information, instructions or advice which the Employer-Company has received, and in
the future will receive, from third parties, including legal and financial opinions,
assistance and recommendations given by its lawyers and corporate or financial
advisers.

You, however, shall have no duty to maintain the confidentiality of matters which are
within or will become generally available to the public, in the absence of any violation to
this Contract.

22. In the event that you commit or threaten to commit a material breach of any of the
provisions of this Contract on confidentiality of work-related information, the Employer-
Company shall have the right to enforce this Contract against you and claim injunctive
relief, damages, and other equitable reliefs provided for under the law from any court of
competent jurisdiction.

As a further recourse in case of non-compliance with the terms of this Contract, the
Employer-Company shall have full authority and right to inform your new employer of
your outstanding accountabilities to the Employer-Company.

23. You hereby undertake to return to the Employer-Company all tangible and intangible
files, books of accounts, ledgers, or any other documents which may come into your
hands during the period of your employment, whether it contains Non-Public and
Confidential Business Information or not, in the same condition as you received it.

24. You shall be liable for any and all damages that you may cause to the Employer-
Company’s properties during the period of your employment which may arise from your
own fault or negligence. After due notice, you hereby authorize the Employer-Company
to deduct from your salary any amount due to effect payment or reimbursement of the
amount equivalent to the value of the property damaged or lost.

25. The Employer-Company shall not be responsible for any disbursement, which you may
effect in the performance of your duties, unless prior authorization or clearance to incur
such expense has been secured from the duly authorized representative of the Employer-
Company.

26. Should you at anytime and for whatever reason decide to voluntarily resign from the
Employer-Company, you must give the Employer-Company a written notice at least thirty
(30) days prior to the intended effectivity date of such resignation. The Employer-
Company may choose to hold you liable for whatever loss or damage which may be
incurred by it on account of your sudden resignation or failure to comply with the
written notice requirement.

27. You hereby agree to devote your whole time and attention during business hours to
the business affairs of the Employer-Company and shall not engage in any other
employment, capacity or undertaking, nor be financially interested in any other entity,
firm or corporation undertaking or carrying on any business of a similar nature to that of
the Employer-Company, or which may be in direct or indirect competition with the
Employer-Company, nor be connected with any other organization, company or other
entity in any manner which would interfere with or hinder the performance of your
duties and responsibilities in the Employer-Company.

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28. You shall not engage in or have any financial interest, whether directly or indirectly, in
any business, activity or occupation in direct or indirect competition with the Employer-
Company, nor enter into any contract or transaction which may, in any manner,
compete or help any person to compete with the Employer-Company during the entire
period of your employment with the Employer-Company.

29. You shall have no direct or indirect financial interest in the business affairs and
transactions of any supplier, contractor or competitor of the Employer-Company, unless
approved in writing by the Executive Management.

30. During your employment with the Employer-Company you are prohibited from accepting
any designation as an officer, director or consultant of any other corporation, sole
proprietorship, or partnership unless approved in writing by the Executive Management,
except professional or civic organizations or family businesses which engage in activities
different from that of the Employer-Company.

31. For the whole duration of your employment with the Employer-Company you shall not,
personally or through the instrumentality of your agent, employee or attorney-in-fact
influence any business transaction between the Employer-Company and any other
corporation, sole proprietorship, or partnership, in which you have a financial interest or
involvement, or in which you may stand to have financial or personal gain.

32. During your employment with the Employer-Company you shall not accept any salary,
fee, commission or other forms of compensation or anything of value from any supplier,
contractor, competitor or other business partners of the Employer-Company, unless
approved in writing by the Executive Management.

33. You shall not, without the written consent of the duly authorized representative of the
Employer-Company, recruit for any other employment any active employee of the
Employer-Company during your employment.

34. This Contract may be executed and conformed to by the parties, in two or more
counterparts, each of which shall be deemed an original, but all of which taken together
shall constitute one and the same instrument.

35. The terms contained in this Contract shall be strictly confidential and may not be
communicated to any non-contracting party, unless otherwise permitted by the both
parties.

36. This Contract may only be amended, modified or altered by an instrument in writing duly
executed by both parties and any such amendment, modification or alteration hereto
shall be considered an integral part of this Contract.

37. Both parties shall at all times in good faith perform their respective obligations
hereunder.

38. The validity, effect and interpretation of this Contract shall be governed by the laws of the
Republic of the Philippines. The invalidity of any of the provisions herein shall not affect
the validity of the rest of the terms of this Contract.

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Your signature below will signify your acceptance of the foregoing terms and conditions
of your employment with the Employer-Company.

We look forward in working with you.

Very truly yours,

GDM INNOVATIVE MODE INC.

By:

CHEY AMORES
Operations Manager

I have read and understood the foregoing terms and conditions of employment as
detailed herein in a language known to me. I hereby agree to abide by the provisions
hereof and I further acknowledge and agree that this document contains the complete
terms and conditions of employment.

Employee Printed Name & Signature: ____________________________________


Date:___________________________

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