Contractual Employee Contract Template for Philippines

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Contractual Employee Contract

"I need a Contractual Employee Contract for a software developer position in our Manila tech startup, with a 6-month term starting January 15, 2025, including work-from-home provisions and special clauses for intellectual property protection."

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What is a Contractual Employee Contract?

The Contractual Employee Contract is essential for businesses operating in the Philippines that need to engage employees for specific projects, seasonal work, or fixed-term assignments. This contract type is specifically regulated under the Philippine Labor Code and various Department of Labor and Employment (DOLE) orders, requiring careful attention to legal compliance while maintaining flexibility for business needs. The document serves as a crucial legal instrument for establishing clear terms of employment, protecting both employer and employee interests, and ensuring compliance with local labor laws. It includes comprehensive provisions for compensation, benefits, working conditions, and termination procedures, while addressing specific requirements for fixed-term employment relationships in the Philippine context.

What sections should be included in a Contractual Employee Contract?

1. Parties: Identification of the employer and employee with complete details including addresses

2. Background: Context of the employment relationship and purpose of the contract

3. Definitions: Key terms used throughout the agreement

4. Term of Employment: Duration of contract, start date, end date, and any provisions for renewal

5. Position and Duties: Job title, role description, responsibilities, and reporting relationships

6. Work Location and Hours: Primary workplace, working hours, overtime provisions

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

8. Leave Entitlements: Vacation leave, sick leave, and other authorized absences

9. Performance Standards: Expected performance levels, evaluation criteria, and review process

10. Confidentiality and Data Protection: Non-disclosure obligations and handling of confidential information

11. Company Policies: Adherence to company rules, regulations, and codes of conduct

12. Termination: Grounds for termination, notice periods, and separation procedures

13. Governing Law: Specification of Philippine law as governing law and relevant jurisdictions

14. Entire Agreement: Integration clause and relationship to other agreements

What sections are optional to include in a Contractual Employee Contract?

1. Probationary Period: Include if the contract starts with a probationary period, defining its duration and evaluation criteria

2. Non-Compete: Include if requiring post-employment restrictions on working with competitors

3. Intellectual Property Rights: Include if the role involves creation of intellectual property

4. Remote Work Provisions: Include if the role allows for remote working arrangements

5. Commission Structure: Include for sales or commission-based roles

6. Travel Requirements: Include if the role requires regular travel and related compensation

7. Training Requirements: Include if specific training or certifications are required

8. Equipment and Tools: Include if company provides specific tools or equipment for work

9. Overtime Policy: Include detailed overtime policies if regular overtime is expected

10. Insurance Coverage: Include if additional insurance beyond statutory requirements is provided

What schedules should be included in a Contractual Employee Contract?

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

2. Schedule B - Compensation Details: Breakdown of salary components, benefits, and payment terms

3. Schedule C - Company Policies: Key company policies and procedures applicable to the employee

4. Schedule D - Confidential Information: Definition and scope of confidential information

5. Appendix 1 - Required Government Registrations: List of mandatory government registrations (SSS, PhilHealth, etc.)

6. Appendix 2 - Benefits Summary: Summary of all benefits, both statutory and company-provided

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

Business Process Outsourcing

Retail

Healthcare

Education

Construction

Financial Services

Hospitality

Telecommunications

Media and Entertainment

Professional Services

Agriculture

Mining

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Relevant Teams

Human Resources

Legal

Finance

Operations

Sales

Marketing

Information Technology

Customer Service

Research and Development

Quality Assurance

Production

Administration

Business Development

Training and Development

Compliance

Relevant Roles

Project Manager

Software Developer

Administrative Assistant

Sales Representative

Customer Service Representative

Research Analyst

Marketing Coordinator

Financial Analyst

HR Coordinator

Operations Manager

Quality Assurance Specialist

Data Entry Specialist

Business Development Executive

Technical Support Specialist

Content Writer

Graphic Designer

Account Manager

Production Supervisor

Logistics Coordinator

Training Specialist

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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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