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Employment Agreement
"I need an employment agreement for a mid-level software engineer with 3 years of experience, offering a 2-year contract, 15 days annual leave, health benefits, and a 3-month probation period with a 2-week notice."
What is an Employment Agreement?
An Employment Agreement spells out the working relationship between an employer and employee in the Philippines. It covers essential details like salary, work hours, job duties, and benefits that both parties agree to follow. Under Philippine labor laws, this contract protects both sides by clearly stating their rights and responsibilities.
Beyond the basic terms, it typically includes important provisions about confidentiality, non-compete clauses, and grounds for termination that align with the Philippine Labor Code. Many companies use these agreements to establish clear expectations and avoid future disputes, especially for roles involving sensitive information or specialized skills.
When should you use an Employment Agreement?
Use an Employment Agreement when hiring new employees in the Philippines, especially for permanent positions or roles involving confidential information. This contract becomes essential before the employee's first day to establish clear expectations about salary, work hours, duties, and company policies in accordance with Philippine labor laws.
The agreement proves particularly valuable when hiring for management positions, specialized roles, or jobs with access to trade secrets. Having it ready during recruitment helps protect intellectual property, defines performance metrics, and ensures compliance with local regulations about benefits, leaves, and termination procedures. It's also crucial when modifying existing employment terms or promoting staff to new positions.
What are the different types of Employment Agreement?
- Part Time Employment Agreement: Designed for workers with reduced hours, specifying flexible schedules and pro-rated benefits under Philippine labor laws
- Job Agreement Letter: A simplified contract format often used for entry-level positions or short-term engagements
- Work Agreement Letter: Focuses on project-based or contractual work arrangements with specific deliverables
- Driver Employment Agreement: Tailored for transportation workers with special provisions for vehicle responsibility and safety protocols
- Employee Undertaking Agreement: Emphasizes employee commitments, confidentiality obligations, and compliance responsibilities
Who should typically use an Employment Agreement?
- Employers/Companies: Draft and customize Employment Agreements to protect business interests, establish terms, and ensure compliance with Philippine labor laws
- HR Managers: Oversee the creation, implementation, and maintenance of agreements, ensuring they align with company policies
- Legal Counsel: Review and refine agreement terms, ensuring legal compliance and protection of both parties' interests
- Employees: Review, negotiate, and sign agreements, becoming bound by terms regarding work duties, compensation, and confidentiality
- Department Heads: Provide input on role-specific requirements and performance metrics to be included in agreements
- DOLE Officials: May review agreements during labor inspections or dispute resolution processes
How do you write an Employment Agreement?
- Basic Details: Gather employee information, job title, start date, work location, and reporting structure
- Compensation Package: Define salary, benefits, bonuses, and any performance-based incentives following Philippine standards
- Job Specifics: List key responsibilities, work hours, overtime policies, and expected deliverables
- Company Policies: Include references to existing handbooks, confidentiality requirements, and code of conduct
- Legal Requirements: Ensure compliance with DOLE regulations on minimum wage, benefits, and working conditions
- Review Process: Our platform generates compliant agreements automatically, but review key terms with stakeholders before finalizing
What should be included in an Employment Agreement?
- Party Information: Complete names, addresses, and roles of employer and employee per Philippine Civil Code
- Employment Terms: Job title, duties, work hours, probationary period, and performance standards
- Compensation Details: Salary, benefits, 13th month pay, and other monetary entitlements under DOLE guidelines
- Leave Benefits: Vacation, sick, and other mandatory leaves as per Philippine labor laws
- Termination Clauses: Valid grounds for termination, notice requirements, and separation procedures
- Confidentiality Terms: Protection of company information and trade secrets
- Governing Law: Explicit reference to Philippine Labor Code and relevant regulations
What's the difference between an Employment Agreement and an Agency Agreement?
A key distinction exists between an Employment Agreement and an Agency Agreement in the Philippines. While both involve work relationships, they serve different legal purposes and carry distinct obligations under Philippine law.
- Legal Status: Employment Agreements create an employer-employee relationship with direct supervision and regular benefits, while Agency Agreement establishes an independent contractor relationship with more autonomy
- Benefits and Protection: Employment Agreements must include mandatory benefits like SSS, PhilHealth, and 13th month pay, while Agency Agreements typically exclude these statutory benefits
- Control and Supervision: Employment Agreements grant employers direct control over work methods and schedules, whereas Agency Agreements focus on deliverables with minimal direct oversight
- Tax Treatment: Employment Agreements involve withholding tax responsibilities for employers, while Agency Agreements require independent tax management by the contractor
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