Co Employment Agreement Template for Philippines

The Co-Employment Agreement is essential in situations where two companies share employment responsibilities for the same worker(s) in the Philippines. This arrangement is commonly used in joint ventures, professional services arrangements, or when companies need to share specialized talent. The agreement must comply with Philippine labor laws, particularly the Labor Code and Department Order No. 174-17 regarding contracting arrangements. It defines each employer's obligations regarding compensation, benefits, management oversight, and statutory compliance. The document typically includes detailed provisions for social security contributions, healthcare coverage, and tax responsibilities, ensuring that all parties understand their roles and obligations in the co-employment relationship.

1. Parties: Identifies and provides details of all parties to the agreement: the Primary Employer, Secondary Employer, and the Employee(s)

2. Background: Explains the context and purpose of the co-employment arrangement and the business relationship between the employers

3. Definitions: Defines key terms used throughout the agreement including specific roles, responsibilities, and employment-related terminology

4. Term and Commencement: Specifies the duration of the co-employment arrangement and its start date

5. Employment Status and Relationship: Defines the nature of the co-employment relationship and the employee's status with each employer

6. Duties and Responsibilities: Outlines the specific responsibilities of each employer and the employee's duties

7. Compensation and Benefits: Details the salary, benefits, and which employer is responsible for providing each component

8. Working Hours and Location: Specifies work schedules, overtime policies, and primary work location(s)

9. Statutory Compliance: Addresses compliance with Philippine labor laws, including social security, healthcare, and other mandatory benefits

10. Performance Management: Establishes how employee performance will be monitored and evaluated by both employers

11. Confidentiality and Data Protection: Outlines confidentiality obligations and data protection requirements under Philippine law

12. Termination Provisions: Details the circumstances and procedures for terminating the co-employment arrangement

13. Dispute Resolution: Specifies procedures for resolving disputes between parties

14. Governing Law: Confirms that the agreement is governed by Philippine law

15. General Provisions: Includes standard clauses such as amendments, severability, and entire agreement provisions