The Employment Agreement serves as the foundational document governing the employer-employee relationship in the Philippines. It is essential for establishing clear terms of employment while ensuring compliance with the Philippine Labor Code, social legislation, and relevant employment laws. This document is typically used when hiring new employees or formalizing existing employment relationships, and should be updated when significant changes occur in the employment terms or relevant legislation. The agreement covers crucial aspects such as compensation, benefits, working conditions, and termination procedures, while incorporating mandatory provisions required by Philippine law, including probationary periods, statutory benefits, and worker protections. It's designed to protect both employer and employee interests while maintaining compliance with local labor regulations.
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Key Requirements PROMPT example:
Employment Agreement
"I need a standard Employment Agreement for a senior software developer position in our Manila tech startup, starting January 2025, with specific clauses for intellectual property protection and remote work arrangements."
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1. Parties: Identification of the employer and employee with complete legal names and addresses
2. Background: Brief context of the employment relationship and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Position and Duties: Job title, role description, and primary responsibilities
5. Term of Employment: Employment start date and whether fixed-term or permanent
6. Probationary Period: Length and terms of the probationary period as per Philippine Labor Code
7. Compensation and Benefits: Salary, mandatory benefits, and additional company benefits
8. Working Hours and Overtime: Regular working hours, overtime policies, and night shift differentials
9. Leave Entitlements: Vacation, sick leave, and other statutory leaves
10. Confidentiality: Protection of company confidential information
11. Intellectual Property: Ownership of work products and innovations
12. Data Privacy: Handling of employee personal data under the Data Privacy Act
13. Termination: Grounds and procedures for contract termination
14. Post-Employment Obligations: Continuing obligations after employment ends
15. Governing Law: Application of Philippine law and jurisdiction
16. Entire Agreement: Integration clause and amendment procedures
1. Mobility Clause: Required if employee may need to work at different locations
2. Remote Work Provisions: Include if telecommuting arrangements are allowed under RA 11165
3. Non-Competition: Include for senior positions, ensuring compliance with Philippine reasonable restrictions
4. Commission Structure: Include for sales positions or roles with variable compensation
5. Training Requirements: Include if specific training or certifications are required
6. Performance Metrics: Include if specific KPIs or performance standards apply
7. International Travel: Include if position requires international travel
8. Stock Options/Equity: Include if employee is eligible for company stock or equity programs
9. Signing Bonus: Include if a one-time signing bonus is offered
1. Schedule A - Job Description: Detailed description of roles, responsibilities, and reporting lines
2. Schedule B - Compensation Package: Detailed breakdown of salary, allowances, and benefits
3. Schedule C - Company Policies: Key company policies that form part of employment terms
4. Schedule D - Mandatory Benefits: Details of statutory benefits under Philippine law
5. Schedule E - Performance Metrics: Specific KPIs and performance evaluation criteria
6. Appendix 1 - Code of Conduct: Company's code of conduct and ethical standards
7. Appendix 2 - IT Policy: Company's IT usage and security policies
8. Appendix 3 - Leave Policy: Detailed leave policies and procedures
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Relevant Teams
Human Resources
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Finance
Operations
Information Technology
Sales
Marketing
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Research and Development
Administration
Business Development
Product Development
Quality Assurance
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Chief Executive Officer
Chief Financial Officer
Chief Technology Officer
Managing Director
General Manager
Department Head
Senior Manager
Project Manager
Software Engineer
Financial Analyst
Human Resources Manager
Marketing Manager
Sales Representative
Administrative Assistant
Operations Manager
Research Analyst
Customer Service Representative
Business Development Manager
Account Executive
Technical Support Specialist
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