Continuous Contract Of Employment Template for Philippines

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Continuous Contract Of Employment

"I need a Continuous Contract of Employment for a senior software developer position in our Manila tech startup, starting March 1, 2025, with specific clauses for intellectual property rights and remote work arrangements three days per week."

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What is a Continuous Contract Of Employment?

The Continuous Contract of Employment is a fundamental document used in the Philippines to establish and formalize permanent employment relationships between employers and employees. This contract type is essential for companies operating in the Philippines who wish to hire regular employees, as distinguished from fixed-term or project-based workers. It must comply with the Labor Code of the Philippines, which provides strong protections for regular employees, including security of tenure and various mandatory benefits. The document serves as a comprehensive record of employment terms, incorporating both statutory requirements and company-specific provisions. It's particularly important as Philippine law presumes regular employment status after a probationary period, making this contract crucial for clearly defining the employment relationship from the outset.

What sections should be included in a Continuous Contract Of Employment?

1. Parties: Identification of the employer and employee with complete legal names and addresses

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

3. Definitions: Key terms used throughout the agreement

4. Appointment and Job Title: Specific position, role, and employment classification

5. Commencement Date and Probationary Period: Start date of employment and terms of the probationary period (if applicable)

6. Duties and Responsibilities: Detailed description of the employee's role, functions, and reporting relationships

7. Place of Work: Primary work location and any mobility requirements

8. Working Hours: Regular working hours, rest periods, and overtime arrangements

9. Compensation and Benefits: Base salary, mandatory benefits, and payment schedule

10. Leave Entitlements: Various types of leave including vacation, sick, and statutory holidays

11. Confidentiality: Protection of company information and trade secrets

12. Company Policies: Adherence to company rules, regulations, and code of conduct

13. Termination: Grounds and procedures for contract termination

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

15. Entire Agreement: Statement that the contract represents the complete agreement between parties

What sections are optional to include in a Continuous Contract Of Employment?

1. Remote Work Arrangements: Terms for working from home or remote locations, used when remote work is permitted

2. Non-Compete: Restrictions on working with competitors, used for senior positions or roles with access to sensitive information

3. Intellectual Property Rights: Ownership of work products and innovations, important for creative or technical roles

4. Performance Reviews: Performance evaluation process and criteria, used when formal review processes exist

5. Commission Structure: Details of commission-based compensation, used for sales or similar roles

6. International Travel: Terms for international assignments or travel, used for roles requiring overseas work

7. Training Requirements: Mandatory training and professional development, used when specific qualifications are needed

8. Employee Stock Options: Share or stock option schemes, used when equity compensation is offered

What schedules should be included in a Continuous Contract Of Employment?

1. Schedule 1 - Job Description: Detailed breakdown of job responsibilities and requirements

2. Schedule 2 - Compensation Package: Detailed breakdown of salary, allowances, and benefits

3. Schedule 3 - Company Policies: Key company policies and procedures referenced in the main agreement

4. Schedule 4 - Benefits Summary: Comprehensive list of statutory and company benefits

5. Appendix A - Code of Conduct: Company's code of conduct and ethical standards

6. Appendix B - Confidentiality Agreement: Detailed confidentiality terms and protected information

7. Appendix C - Performance Metrics: Specific performance indicators and targets

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Manufacturing

Financial Services

Retail

Healthcare

Education

Professional Services

Construction

Telecommunications

Business Process Outsourcing

Real Estate

Hospitality

Agriculture

Mining

Transportation and Logistics

Relevant Teams

Human Resources

Legal

Finance

Operations

Information Technology

Marketing

Sales

Customer Service

Research and Development

Administration

Production

Quality Assurance

Business Development

Corporate Communications

Compliance

Relevant Roles

Chief Executive Officer

Department Manager

Software Engineer

Financial Analyst

Human Resources Manager

Marketing Specialist

Operations Supervisor

Customer Service Representative

Sales Executive

Administrative Assistant

Project Manager

Research Analyst

Technical Support Specialist

Business Development Manager

Quality Assurance Engineer

Account Executive

Production Supervisor

Legal Counsel

Data Analyst

Executive Assistant

Industries
Labor Code of the Philippines (Presidential Decree No. 442): The primary legislation governing employment relationships, covering terms and conditions of employment, wages, working hours, leave benefits, termination, and other fundamental labor rights
Philippine Constitution of 1987, Article XIII (Social Justice and Human Rights): Constitutional provisions protecting workers' rights, including the right to security of tenure, humane working conditions, and living wages
Social Security Law (Republic Act No. 8282): Mandates social security coverage and benefits for employees, including disability, retirement, and death benefits
National Health Insurance Act (Republic Act No. 7875): Requires PhilHealth coverage for employees, providing access to health insurance benefits
Civil Code of the Philippines: Contains provisions on contracts in general, which supplement employment contract requirements
DOLE Department Order No. 174-17: Regulations regarding employment arrangements, particularly defining regular employment status and prohibited contracting arrangements
Wage Rationalization Act (Republic Act No. 6727): Governs minimum wage setting and wage-related benefits
Anti-Sexual Harassment Act (Republic Act No. 7877): Mandates provisions against sexual harassment in the workplace
Data Privacy Act of 2012 (Republic Act No. 10173): Regulates the collection, processing, and storage of employee personal information
Occupational Safety and Health Standards Law (Republic Act No. 11058): Sets requirements for workplace safety and health standards
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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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