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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."
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
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
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
Manufacturing
Information Technology
Business Process Outsourcing
Construction
Retail
Hospitality
Healthcare
Logistics
Financial Services
Telecommunications
Human Resources
Legal
Compliance
Operations
Procurement
Finance
Project Management
Risk Management
Employee Relations
Executive Leadership
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
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