SERVICE AGREEMENT

KNOWN ALL MEN BY THESE PRESENTS:

This SERVICE AGREEMENT, made and entered into this ____ day of _____2017, at City of
Makati, by and between:

_________, an employment agency duly organized and existing under the laws of the
Philippines, with office address _________________, Herein referred to as the SERVICE AGENCY.
And

Elio Philippines, Inc., a business entity / corporation operating under and by virtue of
corporation laws of the Philippines, with principal office address Room 3435 Bataan st. Sta. Mesa Manila.
Herein referred to as CLIENT.

WITNESSETH:

WHEREAS, the Service Agency is a duly licensed Private Recruitment and Placement Agency
engaged in the business of providing or rendering or render manpower services, personnel, helper,
driver, machine operator, assembler, sales promo, janitorial, and building maintenance and other allied
services.

WHEREAS, the Service Agency has substantial capital or investment in the form of tools,
equipment, machineries, work premises and training facilities;

WHEREAS, the Service Agency has the capability to provide technical training and proper
training program in the field of sales and skills for any particular product being carried by their client;

WHEREAS, the Client is desirous of utilizing the services and facilities of the Service Agency for
temporary, seasonal and special project personnel requirements, to the extent that the type of job
contracting is allowed by the Department of Labor;

WHEREAS, the Service Agency is an independent organization and nothing herein shall be
construed as creating between the Client and the Service Agency the relationship of Principal/agent or
employer-employee.

WHEREAS, the Service Agency expressly agrees that the person whom it shall employ be solely
and exclusively its employees and not of the Client.

NOW, THEREFORE, for and in consideration of the foregoing premises and of the mutual
covenant hereafter stipulated, the parties hereto, do hereby agree as follows:

1. The Client reserves the right to request, upon due process that the Agency replace the any
person/s assigned with another acceptable to the Client.

2. The Service Agency shall furnish the Client a list and contract of its personnel assigned to the
Clients operation and to make available at all times the records and contract of the assigned
personnel.

3. The Service Agency shall, accordingly, have exclusive discretion and responsibility in the
selection, engagement, payment of wages, assignment, supervision, discipline and
administration of the assigned personnel;
4. That the Service Agency will supply the manpower needs of the Client in such number of
personnel and such area skills as herein below to be specified;

5. The Service Agency warrants that it is an independent organization with sufficient capital and
investment in the form of tools, equipment, materials, trainings and implements, and that it is to
be regarded, for all intents and purposes, as the EMPLOYER of the Employees deployed in the
premises of the CLIENT. The Service Agency likewise undertakes to properly notify its employees
of such fact, and shall shoulder any and all liabilities as provided by law with regard to any
incident pertinent to the Employees’ employment.

6. In case of unexpected absences of assigned personnel, the SERVICE AGENCY, upon verification,
shall send a replacement under the same terms and conditions and qualifications as the absent
personnel.

7. The SERVICE AGENCY as employer will solely responsible for the observance of legal conditions
of employment, including the payment of wages, remittance of SSS premiums, Philhealth
premiums, Pag-ibig premiums and other statutory benefits and legal requirements.

8. The SERVICE AGENCY will work and coordinate with the CLIENTS’S designated company to
ensure that optimum desired performance of is personnel.

9. The person whom the SERVICE AGENCY may assign to perform the services subject of this
agreement shall be provided with adequate CLIENT uniforms and appropriate identification
cards by the SERVICE AGENCY. They shall have been properly trained and thoroughly screened
by the SERVICE AGENCY prior to deployment and required to present favorable clearance and
medical certificate attesting to their physical fitness for work involved.

10. The Employer – Employee relationship shall be maintained between the SERVICE AGENCY and
its personnel, regardless the place of assignment of the latter and the CLIENT will be under this
agreement other than the payment of Service agreement fees. In this wise, it is to be
emphasized that payment of any and all wages and benefits of the personnel in accordance with
the Labor Code, shall be the sole liability of the SERVICE AGENCY

11. The SERVICE AGENCY shall furnish the CLIENT a list of its personnel assigned to t he CLIENTS’S
operation and to make available at all times relievers/s and or replacement to ensure continuous
and uninterrupted services at all times in case of absences and to exercise the necessary
supervision over the work of its personnel. The SERVICE AGENCY will replace without delay any
of its recommended employees who fail to meet the CLIENT’s standard.

12. The SERVICE AGENCY shall orient and brief its personnel prior to their deployment or
assignment of the CLIENTS business premises, and for these purpose, the CLIENT will furnish the
SERVICE AGENCY with the copy of the position or job function and principal accountability, and
other information as will be deemed necessary by the SERVICE AGENCY.

13. The SERVICE AGENCY shall be liable for the personal accountability of the assigned personnel to
the CLIENT or its staff acquired during his / her employment with the CLIENT, without prejudice
to the right of the SERVICE AGENCY to reimbursement from the assigned personnel.. Otherwise,
if SERVICE AGENCY’S failure to exercise such diligence henceforth stated, until then shall be held
liable to the CLIENT.

14. The CLIENT may terminate the SERVICE AGENCY’S contract of engagement on the service of the
assigned personnel on the following reason:

a. The assigned personnel’s breach of the CLIENTS confidentiality agreement.

b. The assigned personnel’s failure to comply with reasonable standard of honesty, attitude,
behavior, attendance and discipline set by the CLIENT’S Management.
c. The commission by the assigned personnel of any accounts that may jeopardize the
operation of the CLIENT. However the CLIENT must notify the SERVICE AGENCY so that the
latter can prepare replacement.
 Should the CLIENT require the SERVICE AGENCY personnel to work in excess of eight (8)
hours on regular working days, and / such personnel be required to work on Sunday or non
working holiday, regular or special, the CLIENT agrees to pay SERVICE AGENCY the rate in
accordance with the pertinent provisions of the Labor Code.

15. TERMS OF PAYMENT: for and in consideration of the above service rendered by the SERVICE
AGENCY, the CLIENT will pay the SERVICE AGENCY within (60) sixty days upon submission of
Statement of Account / Billing with supporting sheets/ cards duly signed and checked by the
CLIENT’S authorized signatory. This signed time sheets/ cards will attest to the full payment of all
salaries covered by this agreement. In view thereof, payments as stated herein are, for all intents
and purposes, are to be paid directly to the SERVICE AGENCY pursuant to this SERVICE
AGREEMENT.

16. SERVICE AGREEMENT BOND. Pursuant to the provisions of the Labor Code, the CLIENT requires
the SERVICE AGENCY and the latter unequivocally undertakes, to furnish a bond equal to the
cost of labor under this Service Agreement, on condition that the bond will answer for the wages
due the employees should the SERVICE AGENCY, as the case may be, fail to pay the same.

17. This agreement shall be valid for a period of one (1) year from date hereof.

WHEREFORE, in view of the foregoing conditions, which have been found by both to be satisfactory, the
parties have hereunto affixed their signature on ____ day of ____ 2017.

________________ ELIO PHILIPPINES INC.

SERVICE AGENCY CLIENT

By: ____________________ By:____________________

_________ Mr. Michael Tan
General Manager General Manager

SIGNE IN THE PRESENCE OF

________________ _________________________
Ms. Melody Tan Mr. Chino Te
HR Manager HR Manager

ACKNOWLEDGEMENT
BEFORE ME ______________________ in ______________________ this _______________ day of
________, personally appeared the following:

Name Government ID Place and Date issued

WITNESS MY HAND AND SEAL on the date and at the place herein stated;

Doc. No. ________

Page No. ________
Book No. ________
Serires of 2017 ________