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Employee Lease Agreement Template for Philippines

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Key Requirements PROMPT example:

Employee Lease Agreement

"I need an Employee Lease Agreement governed by Philippine law for our IT company to lease 25 software developers from a staffing agency, with specific provisions for intellectual property protection and remote work arrangements starting March 2025."

Document background
The Employee Lease Agreement is essential for businesses operating in the Philippines that require flexible staffing solutions while maintaining compliance with local labor laws. This document is particularly relevant in scenarios where companies need temporary workforce augmentation, specialized skills, or project-based staffing. The agreement must strictly adhere to Department Order No. 174-17 and the Labor Code of the Philippines, which regulate contracting and subcontracting arrangements. It details comprehensive provisions for employee welfare, statutory benefits, workplace safety, and clear delineation of responsibilities between the lessor and lessee. The document is crucial for protecting the rights of all parties while ensuring operational efficiency and legal compliance in employee leasing arrangements.
Suggested Sections

1. Parties: Identifies the contracting parties: the lessor (staffing/employment agency), the lessee (client company), and their respective details

2. Background: Explains the context of the agreement, including the lessor's business of providing staff and the lessee's need for temporary workers

3. Definitions: Defines key terms used throughout the agreement, including 'Leased Employees', 'Services', 'Assignment Period', etc.

4. Scope of Services: Details the employee leasing services to be provided, including the nature of work, number of employees, and deployment terms

5. Term and Termination: Specifies the duration of the agreement and conditions for termination by either party

6. Responsibilities of the Lessor: Outlines the lessor's obligations including recruitment, payroll management, statutory compliance, and employee administration

7. Responsibilities of the Lessee: Details the lessee's obligations including workplace safety, supervision, and operational management of leased employees

8. Employee Rights and Benefits: Specifies how statutory benefits, leaves, and other employee rights will be managed and guaranteed

9. Fees and Payment Terms: Details the service fees, payment schedule, and any additional charges

10. Compliance with Labor Laws: Ensures adherence to Philippine labor laws, particularly DO 174-17 and the Labor Code

11. Supervision and Control: Clarifies the division of supervisory responsibilities between lessor and lessee

12. Confidentiality: Protects confidential information of all parties, including trade secrets and employee data

13. Indemnification: Establishes mutual indemnification obligations for various risks and liabilities

14. General Provisions: Standard clauses including governing law, notices, amendments, and dispute resolution

Optional Sections

1. Insurance Requirements: Details specific insurance coverage requirements - include when additional insurance beyond statutory requirements is needed

2. Performance Standards: Establishes KPIs and performance metrics - include when specific performance levels need to be maintained

3. Training and Development: Outlines training responsibilities and programs - include when specific skills development is crucial

4. Intellectual Property Rights: Protects IP created during the lease period - include when employees will be involved in creative or technical work

5. Non-Competition: Restricts competitive activities - include when employees have access to sensitive information

6. Transition Services: Details process for transitioning employees - include when long-term or complex assignments are involved

7. Force Majeure: Addresses unforeseen circumstances - include when long-term or critical operations are involved

Suggested Schedules

1. Schedule A - Employee Details: List of leased employees, their positions, qualifications, and assigned roles

2. Schedule B - Fee Structure: Detailed breakdown of service fees, markups, and payment calculations

3. Schedule C - Service Level Agreement: Specific performance metrics and service standards

4. Schedule D - Benefits Package: Details of employee benefits, both statutory and additional

5. Schedule E - Workplace Policies: Applicable workplace policies and procedures

6. Appendix 1 - Required Forms: Standard forms for employee documentation and reporting

7. Appendix 2 - Statutory Compliance Checklist: Checklist of required compliance with Philippine labor laws

Authors

Alex Denne

Head of Growth (Open Source Law) @ 黑料视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






















































Clauses














































Relevant Industries

Manufacturing

Information Technology

Business Process Outsourcing

Construction

Retail

Hospitality

Healthcare

Logistics

Financial Services

Telecommunications

Relevant Teams

Human Resources

Legal

Compliance

Operations

Procurement

Finance

Project Management

Risk Management

Employee Relations

Executive Leadership

Relevant Roles

Human Resources Director

Legal Counsel

Compliance Officer

Operations Manager

Procurement Manager

Finance Director

Project Manager

HR Business Partner

Recruiting Manager

Contract Administrator

Risk Manager

Employee Relations Manager

Chief Financial Officer

Chief Operating Officer

General Counsel

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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