Contract For Regular Employment Monthly Paid (English Version) – Soft Copy Editable Template
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This is a soft copy template saved in Word File and editable in Word Document.
This contains the sample terms, conditions, clauses, and provisions of the contract described.
See the Description below to view the Contents of this soft copy template.
A regular employee is one who passed the probationary period, has been in the company for at least six months, or was engaged as such without undergoing probationary period.
The legal basis of regular employment is mainly Article 295 of the Labor Code, as amended.
Article 295 provides that the provisions of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer.
This means that even if there is a written agreement that the employee is not of regular status, he is still considered regular if has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer.
This template is for monthly paid employees. As opposed to daily paid, monthly paid employees
Monthly-paid employees are those who are paid every day of the month, including unworked rest days, special days, and regular holidays. Factor 365 days in a year is used in determining the equivalent monthly salary of monthly-paid employees. (I, D, DOLE 2020 Handbook Workers’ Statutory Monetary Benefits)
Daily-paid employees are those who are paid on the days they actually worked and on unworked regular holidays. (Ibid.)
With the use of 365-day factor, the company should make sure that employees engaged are not below the minimum. The 365 day factor is used to determine the daily rate of the monthly paid employee. For instance, if an employee earns PhP20,000.00 per month, the daily equivalent using the 365 factor is as follows:
PhP20,000 per month x 12 months = PhP240,000
PhP240,000 per year / 365 days per year = PhP657.53 per day
Hence, the daily equivalent of the monthly pay of PhP20,000 is PhP657.53.
