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Contract For Managerial Position

This document outlines a contract for a managerial position with ABC Company. The contract has a 3 year term and details the duties and responsibilities of the managerial role. It also outlines terms for termination, including termination for cause or without cause. If terminated without cause, the manager would receive 6 months of severance pay or the remainder of the contract term, whichever is less. The contract defines causes for termination and provides an appeals process for termination for cause.

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0% found this document useful (0 votes)
593 views11 pages

Contract For Managerial Position

This document outlines a contract for a managerial position with ABC Company. The contract has a 3 year term and details the duties and responsibilities of the managerial role. It also outlines terms for termination, including termination for cause or without cause. If terminated without cause, the manager would receive 6 months of severance pay or the remainder of the contract term, whichever is less. The contract defines causes for termination and provides an appeals process for termination for cause.

Uploaded by

joyce Kim
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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CONTRACT FOR MANAGERIAL POSITION

KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT FOR MANAGERIAL POSITION is entered into by and between:

ABC Company, a corporation duly organized and existing under and by virtue of the laws of the
Republic of the Philippines with principal place of business at Address of the company,
represented herein by its President, MR./MS. ____________________, hereinafter known as
EMPLOYER,

-and-

________________________, of legal age, and a resident of ____________________ ,


hereinafter called the MANAGER,

WITNESSETH THAT:

WHEREAS the company wishes to engage the services of Employee as the Manager of the
company and to induce the Employee to remain in such position on the terms and conditions set
forth in this Agreement.

WHEREAS, Employee is familiar with the position's legal requirements, industry standards and
responsibilities; and

WHEREAS Employee represents and warrants that he has the skill and ability to serve in such
position and wishes to accept such employment on the terms and conditions set forth in this
Agreement.

THEREFORE, the parties hereby covenant:

SECTION 1: EMPLOYMENT.

A. ABC Company hereby offers, and the Employee hereby accepts the position of Manager.
Employee shall perform the duties and responsibilities imposed by law, industry standards, and
responsibilities and duties and such legally permissible further duties and functions as shall, from
time to time, be assigned by the Board. More specifically, unless otherwise stated within this
Agreement, Employee agrees he is subject to all the terms and conditions of employment as
applicable to other employees of the company and as set forth in compliance with the company’s
employment Ordinance as may be amended from time to time. Employee shall also comply with
the district’s conflict of interest policy and ethics provisions and shall attend ethics classes every
other year or as required by law.

B. Employee shall devote such time, interest, and effort to the performance of his duties as
may be reasonably necessary to fulfill the above requirements, Employee agrees to perform such
services to the best of his ability, in an efficient and competent manner consistent with the
standards of the profession. Without limiting the generality of the foregoing, Employee
understands and agrees that this position is an exempt, salaried, full-time position with regular
required office hours as provided for in this Agreement.

SECTION 2: TERM AND RENEWAL

A. This Agreement shall be effective as of ____________. The term of this Agreement shall
be for three (3) years, unless sooner terminated or extended by the parties as set forth in this
Agreement.

B. In the event that the Board determines that the Employee is not to be reemployed upon
expiration of this Agreement, he shall be given written notice thereof by the Board at least eight
(8) months in advance of the expiration of the term of this Agreement. Should the Board fail to re-
employ the Employee and the written notice provided for in this Section 2 has not been given at
least eight (8) months prior to the initial ten-n of this Agreement, it shall be extended on the same
terms for an additional period of one (I) year at each renewal. Should the Board give timely notice
that it will not reemploy Employee, the company shall proceed immediately with the company’s
severance obligations as stated in Section 3(C)(2), with the Employee's final date of employment
accelerated to a date six (6) months from the end of term, The company will then provide
Employee with six (6) months’ worth of severance pay at his then-current salary rate. Such
payment shall be provided prior to Employee's last actual day of work.

SECTION 3: TERMINATION AND SEVERANCE PAY

A. It is expressly understood that Employee, in his capacity as Manager, is a contracted


employee serving at the pleasure of the Board, subject to termination pursuant to the terms of this
Agreement, and with no right to any hearing or appeal, including any so-called Skelly conference,
other than the rights expressly provided in this Agreement.

B. This Agreement shall automatically terminate upon Employee's death, retirement, or


permanent incapacity.
C. The Employee serves at the will and pleasure Of the Board. At any time during the term of
this Agreement or any extension thereof, the Board reserves the right to terminate the employment
of Employee and determine his last day of employment upon the vote of at least three (3) or more
of the five (5) Board member positions at a duly galled and noticed Board meeting. The Company
agrees, however, to refrain from voting on the issue of Employee's termination in any sixty (60)
day period immediately following a new Board member's installation so that said new Board
member may have sufficient time to apprise his or herself With Employee's performance prior to
vote:

1. In the event that this Agreement is terminated before the end Of its term “for cause" as
defined below, no further compensation or benefit shall be made to the Employee. Upon any
allegation that Employee has engaged in conduct that would result in his termination "for cause"
as defined below, Employee is entitled to address and attempt to rebut those allegations before the
Board in a closed session prior to the Board making any final determination regarding the veracity
of those allegations. In the event the Board, in its discretion, still finds merit to the allegations and
terminates, the Employee shall not be entitled to any severance and will be owed no further
compensation. However, if this Agreement is terminated "for cause," the Employee shall have
the right to appeal the Board's decision upon written notice to the Board of such appeal within ten
(10) days of the determination. Failure to provide written notice within the ten (10) day period will
result in waiver of the right to appeal. Upon appeal, the parties will select an independent arbitrator,
mutually agreed to. If the parties are unable to agree upon an arbitrator, they shall alternate striking
names from the list until such time as only one arbitrator remains on the list. Any arbitrator selected
must be able to hear the matter within thirty (30) days of selection and render a decision within
fifteen (15) days of the close of the hearing. The Company shall bear the costs of the arbitrator.
The issue at the hearing shall be limited solely to whether or not District's "for cause" termination
was arbitrary and capricious, entitling Employee to severance.

Termination shall be "for cause" if the Employee:

(1) Acts in bad faith and to the detriment of the Company;

(2) Refuses or fails to act in accordance with any legal requirement or specific direction or order
of the Board of Directors.

(3) Exhibits in regard to his employment unfitness or unavailability for service, unsatisfactory
performance, misconduct, dishonesty, habitual neglect, or incompetence.

(4) Is convicted in crime involving dishonesty, breach of trust, or public conduct reflecting
negatively on the Company

(5) Creates physical or emotional harm to any person.


(6) Breaches any material term of this Agreement.

(7) Willful destruction or misuse of Company property.

(9) Habitual intoxication on duty.

(10) Outside business in conflict or to the detriment of the Company business.

(11) Conviction of a felony or a misdemeanor involving moral turpitude

2. In the event the Company terminates Employee's employment for a reason other than those
set forth in Section 3(C)(I), the District shall provide Employee with sixty (60) days of notice prior
to said termination and the Employee shall be entitled to the following: An amount equal to six
(6) months of the Employee's then base monthly salary or the remainder of the term of this
Agreement, whichever is less. The Employee shall be entitled to this severance pay either in a
lump sum or, if he so elects in a reasonable number of installments

D. The Employee may terminate this Agreement upon written notice to the Board and shall give
sixty (60) days prior notice. The Company shall have the option, in its complete discretion, to
terminate the Employee any time prior to the end of such notice period, provided the company
pays the Employee all compensation due and owing through the last day actually worked, plus an
amount equal to the base salary the Employee would have earned through the remainder of the
notice period. Thereafter, all the District's obligations under this Agreement shall cease.

SECTION 4: DUTIES AND RESPONSIBILITY

Manager shall have charge of the administration of the company’s operation. He/she
shall have knowledge of personnel procedures, i.e. the hiring, training supervising of employees,
etc. He/she shall have the ability to give direction, the ability to relate to and motivate people, the
ability to define job tasks, the ability to determine performance standards, the ability to hire, train,
discipline and terminate employees as necessary, and a knowledge of general business
management techniques and generally accepted business practices.
Manager shall oversee the record keeping procedure.
Manager shall have good listening skills; and ability to recognize when professional
services are needed by the company; and ability to analyze problems; a knowledge of potential
liability resulting from his/her actions; the ability to develop and implement disaster preparedness
procedures and emergency plans.
Manager shall be able to understand financial reports and have a familiarity with laws
regarding transition, implied warranties and related issues.
Manager shall have basic accounting skills; budget planning and analysis skills;
knowledge of financial reports; knowledge of related federal and state laws; long term and short-
term financial planning skills.
Manager shall have the ability to determine maintenance and service specifications;
analyze and negotiate bids; supervise specification compliance; plan and schedule deferred and/or
remedial current maintenance; handle emergency repairs; implement a preventive maintenance
program.
Manager shall have knowledge of landscape maintenance and control and shall
coordinate and schedule landscape maintenance.
Manager shall have the ability to plan, schedule and supervise exterior maintenance plus
a knowledge of health and safety standards and knowledge of contractor’s obligations.
Manager shall have a knowledge of janitorial/housekeeping tasks, the ability to diagnose
interior maintenance problems and determine liabilities, and a knowledge of fire and safety
regulations and compliance procedures.
Manager shall have an ability to maintain liaison with local public safety agencies and
recommend and implement improvement to the security of property.
Manager shall have an ability to deal with complaints objectively and consistently; a
knowledge of rule enforcement methods; and ability to communicate rules; and an ability to
provide documentation of due process.
Manager shall, in general, perform all duties incident to the office of Manager and such
other duties as may be prescribed by the Board from time to time. The Board, individually and
collectively, shall promptly refer all criticisms, complaints and suggestions called to its attention
to the Manager for study and recommendation. Manager shall provide administrative
recommendations to the Board or any committee that should request such recommendations.
No actions of the Manager shall diminish the vested power or authority of the Board of
Directors. Also, all duties assigned to the Manager by the Board should be appropriate to and
consistent with the professional role and responsibility of the Manager.
SECTION 5. PROFESSIONAL GROWTH

Association encourages the professional growth of the Manager through his/her


participation, as he/she might decide in light of his/her responsibilities as Manager, in;

A. Seminars and courses offered by public or private educational institutions.


B. Programs and activities conducted or sponsored by local, and national managers
organizations or associations
C. Informational meetings with other persons whose skills and backgrounds would serve to
improve the capacity of the Manager to perform his/her professional responsibilities for
the Association.
D. Visits to other associations.

In its encouragement, Association shall permit a reasonable amount of release time for
Manager as he/she deems appropriate to attend to such matters and will pay the necessary fees for
continuing education necessary to keep Manager’s license valid or professional edification.

SECTION 6. COMPENSATION

A. Base Salary - The Company agrees to pay Employee for services rendered pursuant hereto
at a rate of 300 per hour, pursuant to the procedures regularly established and as they may be
amended by the Company in its sole discretion. The Employee may receive annual increases in
salary as may be determined by the Board in its sole discretion. Any agreed salary increase must
be expressly memorialized in a subsequent written and executed Amendment to this Agreement.
All compensation and comparable payments to be paid to Employee shall be less withholdings
required by law, Paydays and hourly rate calculation shall be as defined in the Company

B. Incentive Compensation – The employee is entitled for Following Employee's annual


performance evaluation, as required under Section 6 of this Agreement, Employee shall be eligible
for an annual discretionary bonus of between zero percent (0%) and ten percent (10%) of
Employee's base salary. The factors or criteria considered for the bonus are developed by the Board
of Directors of the District following discussions and input from Employee on an annual basis.
The Company shall endeavor to provide the factors well before the scheduled annual performance
evaluation.
SECTION 7. OTHER BENEFITS

Employee shall receive all the benefits provided by the District as specified below in effect as of
the Effective Date of this Agreement, including but not limited to vacation, approved holidays,
executive leave, sick leave, emergency health fund, retirement hospitalization, bereavement leave,
wellness program, flexible spending accounts, health benefits (including dental, vision, opt-out
and retiree medical) and insurance (life, accidental death and dismemberment) coverage, subject
to the following exceptions and additional benefits:

A. Paid Leave. Employee is entitled to 15 days sick leave and 15 days of vacation leave
available after 1 year of service. Employee’s paid leave is equivalent to regular hour rate.

B. Overtime Pay. The company will compensate employee additional pay of 25% of covered
employee’s hourly rate for work performed beyond eight (8) hours a day.

C. Differential Pay. The company will compensate additional 10% of the hourly rate for
work performed from 10:00 o’clock in the evening to 6:00 o’clock in the morning.

D. 13th Month Pay. The employee is entitled to receive 13th month pay 1/12 of the total basic
salary earned for the year.

E. Retirement Benefit. Employee is entitled to retirement pay at the age of sixty until the
age of sixty-five, equivalent to half-month salary for every year of service whereby a fraction of
at least six months is considered one whole year.

F. Job-Related Expense Reimbursement. The Company will pay the Employee's business
expenses incurred in connection with company operation.

G. Technical Equipment. Upon commencement of employment, the Company shall provide


the Employee with a cell phone, laptop computer, and other such technical equipment as may be
necessary for the performance of his duties. In the course of Employee's employment, the
Company shall replace/ refresh said items periodically in accordance with company policy.

H. Dues and Subscriptions. The Company’s shall budget and pay for Employee's
professional dues and subscriptions necessary for his continued full participation in approved
national, regional, state and local associations and organizations necessary and desirable for
continued professional growth and advancement and for the good of the Company.

I. Automobile Allowance. The Company shall furnish Employee with a moderately


equipped four door Toyota Camry, will be used for all company-related business, including travel
to and from Employee 's residence. The Company shall supply all fuel and maintenance and
operation shall be permitted without qualification or restriction on type of passenger. The value of
personal use of the automobile is to be imputed each year to Employee's earning statement for
personal income tax purposes, and all personal income taxes are the responsibility of Employee.

SECTION 8. PERFORMANCE EVALUATION

A. Board shall review and evaluate the performance of Employee in writing on an annual
basis at a Board meeting approximately within the month of October. The evaluation will also set
forth mutually defined goals to be achieved by the Employee in the subsequent year. The
Employee will be provided an adequate opportunity to discuss his evaluation with the Board at the
Board meeting. The Employee shall be eligible, if warranted in the Board's sole discretion, to
receive a salary increase at the conclusion of such evaluation. Any such agreed salary increase
must be expressly memorialized in a subsequent written and executed Amendment to this
Agreement. Failure of the Board to conduct a performance evaluation shall not prohibit the Board
from terminating this Agreement in accordance with Section 3 of this Agreement

B, The performance review and evaluation process set forth herein is intended to provide
review and feedback to Employee so as to facilitate a more effective management of the Company.
Nothing herein shall be deemed to alter or change the employment status of Employee, nor shall
this Section be construed as requiring "cause" to terminate this Agreement or the services of
Employee hereunder.

SECTION 9. OFFICE HOURS

Employee shall report to Company’s offices for work six days per week, Monday through Saturday,
during normal business hours and at such other times as may be necessary to discharge his duties,
except when away on approved business for the Company, as otherwise excused by use of
approved leave, or during Company-granted holidays. However, Employee agrees and
understands that he reports to work when necessary to Company operations, regardless of regularly
scheduled hours, scheduled leave, or holiday, to the extent such attendance is reasonably possible.
CONSENT UNDER DATA PRIVACY LAW

By providing personal information and sensitive personal information, the employee


acknowledges and recognizes the exclusive right of the company to utilize the data for
employment purposes and for other relevant or incidental uses. The employee also acknowledges
that all such additional information, records, files, among others, shall form part of the exclusive
use of the company and he consents to the use thereof. These acts of the company are not and shall
not be deemed as violation of data privacy law, human relations, or any breach of personal
information or sensitive personal information. Consent hereof is likewise given when subsequent
data and information are shared in the event of personnel movement, such as lateral transfer,
promotion, change of status, etc. He renders the company, its officers, directors, stockholders,
employees, agents, and representatives free and harmless from any and all liabilities arising from
the use of said data, records, or information.

IN WITNESS WHEREOF, the parties have hereby affixed their respective signature this ____
day of _______, 20____, in the City of ____________.

For the EMPLOYER:

_______________________ ____________________________
President EMPLOYEE

Signed in the presence of:

_______________________ ______________________
ACKNOWLEDGMENT

Republic of the Philippines

City of (_______________) S.S.

BEFORE ME, a notary public for and in the City of ______________, the parties appeared and
presented their respective identification cards as competent proof of identity and are known to me
and to me known to be the same persons who executed the foregoing Contract for Managerial
Position consisting of ten (10) pages, including this page where the Acknowledgment is written
and affirmed to me that the same is their own, free, voluntary act and deed.
WITNESS MY HAND AND SEAL, this _____ day of __________, 20____.

Doc. No.: _________;


Page No.: _________;
Book No.: _________;
Series of 20_____

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