Probationary Employment Contract Sample

Probationary Employment Contract Sample

Probationary employment contract template is provided for guidance and reference.

The post below is based on the book Human Resource Forms, Notices & Contracts Volume 1 (pp. 53-59).

Human Resource Forms Contract and Notices by Atty Elvin B Villanueva

 

 

Sample Probationary Contract

Form No. 4-C     Sample contract of probationary employment

 

1. Effectivity Date
1.1 The Employment Contract (Agreement) shall be effective this _____ day of __________, 20______.
   
2. Employer
2.1 (Name of Employer/Company), (if the employer is a corporation – incorporated under the pertinent laws of the Philippines), is engaged in the (State the nature of trade/business of Employer), with business address at (address).
   
3. Employee
3.1 (Name of Employee) is of legal age, Filipino and lives at (address).
   
4. Description of Work
4.1 The Employer wishes to hire Employee for the position of (designation/position).
4.2 The Employer shall perform the following functions:

·       (Job description of Employee)

   
5. Employee’s Salary
5.1 The Employee shall be paid (amount) monthly, which shall be given on the 13th and 28th day of each month.
5.2 Year-end bonus shall be given to the Employee, the amount dependent upon the Employee’s performance during the calendar year.
5.3 The Employee on probationary status shall be entitled to a pro-rated year-end bonus.
5.4 The Employer shall deduct from the salary of the Employee the amounts authorized by pertinent laws and those stated in the collective agreement.
   
6. Probationary Status
6.1 The Employee shall be on probation for six months starting from the time of his employment.
6.2 The probationary period has been explained and is understood by the Employee prior to his signing this Agreement.
6.3 The Employee is also supplied with an Employee Handbook containing the terms and conditions of probationary employment.
   
7. Evaluation
7.1 The Employee shall be evaluated by his immediate supervisor and the department manager to determine if Employee meets the standards to become a regular employee.
7.2 The standards for evaluation, which are made known to the Employee, shall be the following:

·          Knowledge of work

·          Efficiency

·          Productivity

·          Quality of work

·          Initiative

·          Attitude towards colleagues

·          Attendance

·          Professionalism

7.3 The Employee shall be notified of the evaluation one week before the scheduled date.
   
8. Regular Status
8.1 The Employee shall acquire regular status upon the satisfactory evaluations and recommendations made by the individuals mentioned above.
   
9. Work Schedule
9.1 The Employee’s work week shall be from Tuesday to Saturday. He shall work from 2 p.m. until 10 p.m.
   
10. Overtime
10.1 The Employer may require the Employee to engage in overtime work when the need arises.
10.2 The Employer may also require the Employee to render overtime work under circumstances provided for by law.
10.3 In addition to overtime pay, when the Employee renders work beyond 10 p.m. he shall be entitled to a night differential at the rate of 10%.
   
11. Meal/Coffee Breaks
11.1 The Employee shall have a meal break of one hour at 6:00 p.m. until 7:00 p.m. in accordance with the Labor Code.
11.2 The Employer also provides a 20-minute coffee break to the Employee for the entire work day.
   
12. Rest Days
12.1 The Employee shall have Sunday and Monday as his rest days.
12.2 The Employer, however, may require the Employee to report to work on his rest days in cases of emergency and other instances allowed by law.
   
13. Holiday and Premium Pays
13.1 The Employee shall be entitled to holiday pay, and premium pay for work rendered on rest days and special days.
   
14. Annual Vacation Leave
14.1 The Employee, during his probationary status, is not entitled to this leave. Once the Employee becomes regular he shall be entitled to 15 days of paid annual leave.
14.2 The Employee shall notify the Employer, at least seven days in advance, if he intends to go on vacation leave. The leave shall be subject to approval by the Employee’s immediate supervisor.
14.3 Unused vacation leave after the close of the calendar year shall be convertible to its cash equivalent, provided that the unused leaves shall not exceed 10 days.
   
15. Sick Leave
15.1 The Employee, during his probationary status, shall be entitled to 7 days of sick leave.
15.2 The Employee, upon reaching regular status, is entitled to 15 days of paid sick leave.
15.3 The Employee, in cases of medical leave, shall notify the Employer of such case one hour before the start of Employee’s work day.
15.4 A medical certificate shall be presented by the Employee upon his return to work in case he is on sick leave for more than 3 days.
   
16. Confidentiality Clause
16.1 All records, proposals, marketing plans, and other documents of and by the Company shall be considered confidential.
16.2 The Employee is prohibited from disclosing, revealing, divulging any of these confidential matters to the Employer’s competitors.
16.3 The Employee is also prohibited from disclosing, revealing, divulging any of the said matters to any other third parties unless expressly authorized by the Employer.
16.4 The Employee is prohibited from making photocopies or electronic copies or any reproduction of these confidential materials, unless expressly authorized by the Employer.
16.5 Violation of this clause shall make the Employee liable for damages.
   
17. Disciplinary Action
17.1 The Employer shall inform the Employee of any violations of the Company’s Rules and Regulations that the Employee may commit in accordance with the process set out in the Employee Handbook.
   
18. Notice of Termination
18.1 The Employer has the right to terminate the Employee who is under probationary status for just and authorized causes. The Employer may also terminate the Employee if he fails to meet the standards for becoming a regular employee.
18.2 The Employer can terminate an Employee of regular status for just and authorized causes. The Employee shall be given one-month notice in advance.
18.3 The Employee may also terminate the Agreement with or without just cause.   A one-month notice shall be given to the Employer in advance in instances where the termination is without just cause.
   
19. Signatures
19.1 The Employer agrees and binds itself to observe the terms and conditions stated in this Agreement.

__________________________

Date:

__________________________

 

19.2 The Employee agrees and binds itself to observe the terms and conditions stated in this Agreement.

__________________________

Date:

__________________________

 

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