AMENDMENTS TO MEMORANDUM CIRCULAR NO. 42, SERIES OF 1990 ON SAMPLE EMPLOYMENT CONTRACT FOR VARIOUS SKILLS
implementing a sample employment contract for various skills, the following
provisions in the contract are amended as follows:
Provision 11:
Personal life and accident insurance in accordance with host
government and/or Philippine government laws without cost to the worker. In addition, for areas declared by the
Philippine government as war risk areas, a war risk insurance of not less than
P100,000 shall be provided by the employer at no cost to the worker.
Provision 14: Termination
a. Termination by
Employer: The Employer may terminate this Contract on the following just
causes: serious misconduct, willful disobedience of Employer’s lawful orders,
habitual neglect of duties, absenteeism, insubordination, revealing secrets of
establishment, engaging in trade union activities, when Employee violates
customs, traditions and laws of ________ and/or terms of this Agreement. The Employee shall shoulder the repatriation
expenses.
b. Termination by the
Employee: The employee may terminate this Contract without serving any
notice to the employer for any of the following just causes: serious insult by
the employer or his representative; inhuman and unbearable treatment accorded
the employee by the employer or his representative; commission of a
crime/offense by the employer or his representative and violation of the terms
and conditions of the employment contract by the Employer or his
representative. Employer shall pay the
repatriation expenses back to the Philippines
b.1. The Employee
may terminate this Contract without just cause by serving one (1) month in
advance written notice to the employer.
The employer upon whom no such notice was served may hold the employee
liable for damages. In any case, the
employee shall shoulder all expenses relative to his repatriation back to his
point of origin.
This Circular shall take effect immediately.
Adopted: 15 Aug. 1991
(Sgd.) JOSE N. SARMIENTO
Administrator