The Commission Based Employment Agreement is essential for businesses operating in the Philippines that compensate employees partly or wholly through commission-based structures. This document is particularly relevant when engaging sales professionals, real estate agents, insurance agents, and similar roles where compensation is tied to performance or sales achievements. It ensures compliance with Philippine labor laws, including the Labor Code and relevant DOLE regulations, while establishing clear parameters for commission calculation, payment terms, and performance expectations. The agreement includes mandatory provisions for statutory benefits, working conditions, and employee protections required under Philippine law, making it suitable for both local companies and multinational corporations operating in the Philippines.
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1. Parties: Identification of the employer and employee, including complete legal names and addresses
2. Background: Context of the employment relationship and purpose of the agreement
3. Definitions: Key terms used throughout the agreement, including 'Commission', 'Sales', 'Targets', and other relevant terminology
4. Appointment and Term: Nature of employment, position title, and duration (if fixed-term)
5. Duties and Responsibilities: Detailed description of the employee's role, reporting structure, and performance expectations
6. Commission Structure: Basic framework of commission calculation, payment periods, and conditions for earning commission
7. Base Salary and Benefits: Any fixed compensation component and mandatory benefits under Philippine law
8. Working Hours and Location: Expected working schedule, flexibility provisions, and primary work location
9. Statutory Benefits: SSS, PhilHealth, Pag-IBIG, and other mandatory benefits under Philippine law
10. Confidentiality: Protection of company information and trade secrets
11. Non-Competition and Non-Solicitation: Restrictions on competitive activities during and after employment
12. Termination: Grounds for termination, notice periods, and consequences
13. Governing Law: Specification of Philippine law as governing law and jurisdiction
14. General Provisions: Standard clauses including amendments, severability, and entire agreement
1. Probationary Period: Include when the position is subject to an initial probationary period of up to 6 months
2. Training and Development: Include when specific training requirements or professional development opportunities are provided
3. Company Property: Include when employee is provided with significant company assets or equipment
4. Remote Work Provisions: Include when role allows for remote working arrangements
5. Intellectual Property: Include when employee may create IP in course of employment
6. Travel Requirements: Include when position requires regular travel and expense reimbursement
7. Team Management: Include when employee has supervisory responsibilities
8. Data Protection: Include when role involves handling personal or sensitive data
1. Schedule A - Commission Rates and Calculations: Detailed breakdown of commission percentages, tiers, and calculation methodologies
2. Schedule B - Sales Targets and Quotas: Specific performance targets and minimum requirements for commission eligibility
3. Schedule C - Territory or Account Assignments: Defined sales territory or allocated customer accounts
4. Schedule D - Benefit Details: Detailed description of additional benefits and their computation
5. Schedule E - KPIs and Performance Metrics: Specific performance indicators used for evaluation
6. Appendix 1 - Commission Payment Examples: Sample calculations showing how commission is computed in various scenarios
7. Appendix 2 - Expense Policy: Guidelines for business expense claims and reimbursement procedures
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