Employee Covenant Agreement Template for Philippines

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Key Requirements PROMPT example:

Employee Covenant Agreement

"I need an Employee Covenant Agreement for a senior software developer in our fintech startup, with strong IP protection clauses and non-compete provisions suitable for the Philippine market, to be implemented by March 2025."

Document background
The Employee Covenant Agreement serves as a crucial legal instrument for organizations operating in the Philippines to safeguard their business interests and intellectual property. This document should be implemented at the commencement of employment or when an employee gains access to sensitive information or intellectual property. It encompasses key protective measures including confidentiality obligations, intellectual property assignments, and potential post-employment restrictions, all drafted in compliance with Philippine labor laws and regulations. The agreement is particularly vital for roles involving access to trade secrets, proprietary information, or client relationships, and should be regularly reviewed to ensure alignment with evolving Philippine employment law standards and business needs.
Suggested Sections

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

2. Background: Context of the agreement, including the employee's position and relationship with the company

3. Definitions: Key terms used throughout the agreement, including 'Confidential Information', 'Intellectual Property', 'Trade Secrets', etc.

4. Confidentiality Obligations: Details of the employee's obligations regarding confidential information, during and after employment

5. Intellectual Property Rights: Assignment and ownership of intellectual property created during employment

6. Non-Disclosure Obligations: Specific provisions regarding the non-disclosure of company information and trade secrets

7. Return of Company Property: Requirements for returning company property upon termination of employment

8. Duration and Survival: Timeline of the agreement and which provisions survive employment termination

9. Breach and Remedies: Consequences of breaching the agreement and available remedies

10. Governing Law: Specification of Philippine law as the governing law

11. General Provisions: Standard provisions including severability, entire agreement, and amendments

Optional Sections

1. Non-Compete Clause: Restrictions on working with competitors (use only when reasonable and necessary for business protection, subject to Philippine labor law limitations)

2. Non-Solicitation of Employees: Restrictions on soliciting company employees (include for management and senior positions)

3. Non-Solicitation of Customers: Restrictions on soliciting company customers (include for sales and customer-facing roles)

4. Inventions Assignment: Detailed provisions for technical roles involving product development or research

5. Data Protection Obligations: Additional provisions for roles handling personal or sensitive data

6. International Travel and Compliance: For roles involving international work or travel

7. Training and Development Commitments: For positions where the company provides specialized training

8. Garden Leave Provisions: For senior executive positions where applicable

Suggested Schedules

1. Schedule A - Confidential Information: Detailed list of what constitutes confidential information for the specific role

2. Schedule B - Restricted Activities: Specific activities restricted under non-compete or non-solicitation provisions

3. Schedule C - Company Intellectual Property: List of relevant company IP the employee may have access to

4. Schedule D - Company Policies: Reference to relevant company policies that form part of the covenant agreement

5. Appendix 1 - Employee Information: Details of employee's position, department, and specific role obligations

6. Appendix 2 - Acknowledgment Form: Form for employee to acknowledge receipt and understanding of the agreement

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
Relevant Industries

Technology

Financial Services

Healthcare

Manufacturing

Professional Services

Telecommunications

Pharmaceutical

Research and Development

Retail

Entertainment

Education

Consulting

Information Technology

Biotechnology

Engineering

Relevant Teams

Research & Development

Information Technology

Sales

Human Resources

Legal

Engineering

Product Development

Marketing

Operations

Finance

Customer Support

Business Development

Design

Data Science

Executive Leadership

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Software Developer

Research Scientist

Product Manager

Sales Director

Account Manager

Human Resources Manager

Data Analyst

Systems Engineer

Project Manager

Business Development Manager

Marketing Director

Financial Analyst

Operations Manager

Legal Counsel

Technical Lead

Design Engineer

Research Associate

Customer Success Manager

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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