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Indefinite Term Labor Contract Template for Philippines

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Indefinite Term Labor Contract

"I need an Indefinite Term Labor Contract under Philippine law for hiring a senior software developer, with enhanced IP protection clauses and remote work provisions, starting March 1, 2025."

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What is a Indefinite Term Labor Contract?

The Indefinite Term Labor Contract is the standard employment agreement used in the Philippines for regular, full-time employment relationships. This document is essential when transitioning employees from probationary to regular status or when directly hiring regular employees. It's designed to comply with the Labor Code of the Philippines and various labor regulations, including DOLE Department Orders and relevant jurisprudence. The agreement covers all mandatory elements required by Philippine law, such as compensation, statutory benefits, working conditions, and termination procedures, while also protecting employer interests through appropriate restrictive covenants. This contract type provides employees with security of tenure, meaning they can only be terminated for just or authorized causes under Philippine law, with appropriate due process. It's particularly important in establishing clear terms of employment while ensuring compliance with local labor regulations and mandatory benefit requirements.

What sections should be included in a Indefinite Term Labor Contract?

1. Parties: Identification of the Employer and Employee with complete details as required by Philippine law

2. Background: Brief context of the employment relationship and basis for the contract

3. Definitions: Key terms used throughout the contract

4. Position and Duties: Job title, role description, and primary responsibilities of the Employee

5. Commencement Date and Employment Status: Start date and confirmation of indefinite term status

6. Probationary Period: Standard 6-month probationary period terms as per Philippine Labor Code

7. Work Location and Hours: Primary workplace and standard working hours, including rest periods

8. Compensation and Benefits: Salary, mandatory benefits (13th month pay, SSS, PhilHealth, etc.), and other benefits

9. Leave Entitlements: Vacation, sick leave, and other statutory leave entitlements

10. Confidentiality: Protection of company information and trade secrets

11. Intellectual Property: Ownership of work products and innovations

12. Standards of Conduct: Expected behavior, compliance with company policies

13. Termination: Grounds for termination, notice periods, and procedures as per Philippine law

14. Post-Employment Obligations: Return of company property and ongoing confidentiality obligations

15. Governing Law: Application of Philippine law and jurisdiction

What sections are optional to include in a Indefinite Term Labor Contract?

1. Non-Compete: Restrictions on working for competitors - only include if reasonable and necessary for business protection

2. Mobility Clause: Include when employee may be required to work at different locations

3. Commission Structure: Include for sales positions or roles with variable compensation

4. Overtime Provisions: Detailed overtime terms for positions requiring regular overtime

5. Remote Work Provisions: Include if employee will work remotely full-time or part-time

6. Training Commitments: Include if employer will provide specific training with bond requirements

7. Vehicle/Equipment Provisions: Include if company provides vehicles or significant equipment for employee use

What schedules should be included in a Indefinite Term Labor Contract?

1. Schedule 1 - Job Description: Detailed description of roles, responsibilities, and reporting relationships

2. Schedule 2 - Compensation Details: Breakdown of salary components, benefits, and computation methods

3. Schedule 3 - Company Policies: Key company policies that form part of the employment terms

4. Appendix A - Statutory Benefits Summary: Summary of mandatory benefits under Philippine law

5. Appendix B - Confidential Information: Detailed description of what constitutes confidential information

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

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