Telecommuting Agreement

TELECOMMUTING AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Telecommuting Agreement (the "Agreement") is made and executed this _______ day of __________________, 20_______ at City/Municipality of ___________________________, Province of ___________________________ by and between:

________, a corporation duly organized and existing under the laws of the Philippines, with principal address at ________, represented by ________ who holds the following position: ________, hereinafter referred to as the EMPLOYER

- AND -

________, Filipino, of legal age, and with postal address at ________, hereinafter referred to as the EMPLOYEE

WITNESSETH:

WHEREAS, EMPLOYEE is currently employed with EMPLOYER in the following position: ________;

WHEREAS, EMPLOYEE's duties and responsibilities is of a nature that can be performed through a telecommuting arrangement;

NOW THEREFORE, for and in consideration of the foregoing premises and the mutual covenants contained herein, the EMPLOYER and EMPLOYEE hereby voluntarily agree to enter into a temporary telecommuting arrangement under the following therms and conditions:

I. PERIOD.

The telecommuting assignment will be effective from ________ until ________.

II. WORKPLACE AND SAFETY.

EMPLOYEE shall perform the teleworking assignment in the following location(s) (the "alternative workplace"):

________

EMPLOYEE shall keep the alternative workplace safe and free from hazards and other dangers to the employee and any of the EMPLOYER's equipment. EMPLOYER's safety policy and those for occupational safety and health should be complied with during the telecommuting assignment.

EMPLOYEE is responsible for notifying the EMPLOYER of any injuries they sustained in conjunction with their regular work duties while at the alternative workplace in the same manner as if the injury occurred in the employer's premises.

Any work that will be performed in a location other than the alternative workplace should have the prior approval of the employee's supervisor.

III. SCHEDULE.

EMPLOYEE will report to work in the alternative workplace during the assigned business hours of ________ to ________ on the following days:

________

EMPLOYEE will report to work in their regular workplace during the assigned business hours of ________ to ________ on the following days:

________

EMPLOYEE's lunch break shall be from ________ to ________.

When required, EMPLOYEE shall physically report to the EMPLOYER's regular workplace.

Despite performing the duties and responsibilities in the alternative workplace, EMPLOYEE shall have the right to rest days, regular holidays, and special nonworking holidays.

Any change in the schedule initiated by the EMPLOYEE must be with the prior approval of their Supervisor.

EMPLOYEE shall seek the approval of the EMPLOYER for the use of any sick leave, vacation leave, and any other leave credits in the same manner as if the EMPLOYEE was reporting for work in the EMPLOYER's regular workplace.

IV. TIMEKEEPING.

EMPLOYEE will keep an accurate record of their time worked using the EMPLOYER's time-keeping software.

The same will then be reviewed and approved by their Supervisor.

V. COMMUNICATION.

During business hours, EMPLOYEE shall be available by telephone, instant messaging, and email, as well as other forms of communication that the EMPLOYER may require, for communication, reporting, or concerns that need to be addressed.

EMPLOYEE should, within reason, immediately respond to all communications received during business hours and all emails received by the EMPLOYEE should be acknowledged within one business day from receipt of said email.

All physical interactions with clients, suppliers, etc. including meetings shall be conducted in the client's office or the EMPLOYER's premises.

VI. DUTIES AND RESPONSIBILITIES.

The duties and responsibilities of the EMPLOYEE shall continue to be the same as agreed upon in the EMPLOYMENT agreement.

VII. COSTS AND EQUIPMENT OF THE EMPLOYER.

EMPLOYER agrees to provide and/or pay for the following during the term of this agreement:

________

EMPLOYEE understands and acknowledges that any equipment provided by EMPLOYER and assigned to EMPLOYEE shall continue to be the EMPLOYER's property. EMPLOYEE understands and acknowledges that the equipment will be subject to EMPLOYER's policies on audit, maintenance, repair, reconfiguration, etc. and therefore cannot and will not expect any privacy when using said equipment.

In case of loss or damage to any equipment assigned to EMPLOYEE, the following shall apply:

________

VIII. DATA PRIVACY AND USE OF EQUIPMENT.

EMPLOYEE shall not install or make use of any unauthorized and/or illegal downloads of any applications, programs, torrents, etc. on any of the EMPLOYER's equipment.

EMPLOYEE shall not store any of the EMPLOYER'S digital files on external storage and/or software.

EMPLOYEE is likewise prohibited from using the EMPLOYER's equipment for the following:

________

The EMPLOYER's equipment should only be used for authorized purposes however, EMPLOYER acknowledges that the equipment may occasionally be used for personal purposes. The allowed personal use of the EMPLOYER equipment are:

________

All allowable personal use of the EMPLOYER shall be subject to the prohibitions of use.

EMPLOYEE shall likewise adhere to the EMPLOYER's data privacy policy, a copy of which is hereto attached to this Agreement.

IX. COMPANY POLICIES AND CODE OF CONDUCT.

EMPLOYEE is expected to conform and is subject to the same rules and regulations, policies and Code of Conduct as if they are in the EMPLOYER's premises.

X. PERFORMANCE STANDARDS.

EMPLOYEE shall be subject to the same performance standards as employees who are not in a telecommuting agreement.

XI. COMPENSATION AND BENEFITS.

The compensation, benefits, position, and responsibilities of EMPLOYEE shall not change due to the telecommuting assignment.

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XIII. TERMINATION OF THE TELECOMMUTING AGREEMENT.

Upon evaluation, EMPLOYER or EMPLOYEE may terminate or change the telecommuting assignment if:

1. there is a decrease in the employee's productivity;

2. there are communication issues with the employee;

3. failure to comply with the terms and conditions of this Telecommuting Agreement.

Any proposed change to or termination of the telecommuting agreement shall be made by giving a written notice of: ________ before the proposed change or termination takes effect.

Any change or termination of the telecommuting assignment shall not prejudice the employment relationship or working conditions of the employee nor shall it be of any cost to the employee.

XIV. GRIEVANCE POLICY

Any disagreement in the interpretation and administration of this Telecommuting Agreement shall be resolved through the Company's grievance procedure.

XV. NON-DISCLOSURE

EMPLOYEE shall not divulge to any third party any part of this Telecommuting Agreement, including salaries and other remunerations unless legally required by law, statute, or any competent authority.

XVI. CONFIDENTIALITY

EMPLOYEE understands and acknowledges that all records, documents, and other information, written or otherwise, are confidential and shall not be disclosed during and after employment with the EMPLOYER.

XVII. SEVERABILITY

The invalidity of any portion of this Telecommuting Agreement will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this Telecommuting Agreement is held to be invalid, the EMPLOYER and the EMPLOYEE agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed subsequent to the expungement of the invalid provision.

XVIII. ENTIRETY OF AGREEMENT

This AGREEMENT represents the entire agreement between the EMPLOYER and the EMPLOYEE and supersedes all prior negotiations, representations, agreements, either oral or written.

IN WITNESS WHEREOF, the parties have hereunto affixed their signatures on the date and place first stated above.

________
Employer

by:

________
________

________
Employee

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )
PROVINCE OF...................................... )
CITY OR MUNICIPALITY OF...................................... )S.S.

BEFORE ME, a Notary Public, for and in CITY OR MUNICIPALITY OF......................................,......................................, this............. day of................................, 20........., personally appeared the following persons:

1. ________, as the duly-authorized representative of ________, with the following competent proof of identification: Driver's License with number ________ which expires on ________; and

2. ________, with the following competent proof of identification: Driver's License with number ________ which expires on ________

known to me and to me known to be the same persons who the foregoing Telecommuting Agreement constituting............. pages, including this page where the acknowledgment is written, and they acknowledged to me that the same is their free and voluntary act and deed.

WITNESS MY HAND AND SEAL on the date and place above written.

NOTARY PUBLIC

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