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Non Fixed Term Employment Contract Template for Philippines

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Non Fixed Term Employment Contract

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What is a Non Fixed Term Employment Contract?

This Non Fixed Term Employment Contract template is designed for use in the Philippines when establishing permanent employment relationships between companies and individual employees. It is particularly suitable for regular, full-time employment arrangements where the intention is to create an ongoing employment relationship without a specified end date. The document incorporates all mandatory requirements under the Philippine Labor Code, including provisions for statutory benefits, working conditions, and employee protections. It is structured to comply with local employment laws while providing flexibility for customization based on specific role requirements and company policies. The contract addresses key aspects such as compensation, benefits, work duties, confidentiality, and termination procedures, all aligned with Philippine employment regulations and jurisprudence.

What sections should be included in a Non Fixed Term Employment Contract?

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

2. Background: Context of the employment relationship and basis for the agreement

3. Definitions: Key terms used throughout the contract

4. Appointment and Term: Nature of employment, position title, and confirmation of non-fixed term status

5. Duties and Responsibilities: Detailed description of the employee's role, reporting lines, and key responsibilities

6. Work Location and Hours: Primary workplace location and standard working hours, including provisions for overtime

7. Compensation and Benefits: Base salary, mandatory benefits under Philippine law (SSS, PhilHealth, Pag-IBIG), 13th month pay, and other benefits

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

9. Probationary Period: Duration and terms of the probationary period as per Philippine Labor Code

10. Confidentiality: Protection of company confidential information and trade secrets

11. Intellectual Property: Ownership of work products and intellectual property created during employment

12. Code of Conduct: Expected behavior, compliance with company policies and procedures

13. Termination: Grounds and procedures for termination, notice periods, and final settlement

14. Governing Law: Specification of Philippine law as governing law and jurisdiction

15. Entire Agreement: Integration clause confirming the contract as the complete agreement between parties

What sections are optional to include in a Non Fixed Term Employment Contract?

1. Mobility Clause: Used when the employee may be required to work at different locations

2. Non-Compete: Required for senior positions or roles with access to sensitive information, subject to reasonable restrictions under Philippine law

3. Performance Bonus: Include when offering variable compensation based on performance

4. Remote Work Provisions: Required for positions allowing work from home or remote work arrangements

5. Training Requirements: Include when specific training or certifications are required for the role

6. Company Car/Transportation: Used when providing vehicle or transportation benefits

7. Housing Allowance: Include when offering housing benefits

8. International Travel: Required for roles involving international travel

9. Commission Structure: Include for sales positions or roles with commission-based compensation

What schedules should be included in a Non Fixed Term Employment Contract?

1. Schedule 1 - Job Description: Detailed description of role, responsibilities, and performance expectations

2. Schedule 2 - Compensation Structure: Breakdown of salary components, benefits, and calculation methods

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

4. Schedule 4 - Benefits Summary: Detailed description of all benefits and eligibility criteria

5. Appendix A - Confidentiality Agreement: Detailed confidentiality obligations and protected information

6. Appendix B - Code of Conduct: Detailed behavioral expectations and compliance requirements

7. Appendix C - IT and Communications Policy: Rules regarding use of company IT systems and communication tools

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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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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