Employee Liability Waiver And Indemnification Agreement Template for Philippines

The Employee Liability Waiver And Indemnification Agreement is essential for businesses operating in the Philippines where employees engage in activities that carry inherent risks or responsibilities that could potentially lead to legal claims against the employer. This document is particularly relevant in industries such as construction, manufacturing, or healthcare, where workplace risks are more pronounced. The agreement must be drafted in strict compliance with Philippine labor laws, the Civil Code, and relevant jurisprudence, ensuring that while it provides protection for the employer, it does not infringe upon the mandatory rights and benefits guaranteed to employees under Philippine law. The document typically includes detailed provisions about the scope of the waiver, specific risks acknowledged, indemnification obligations, and clear limitations stating which rights cannot be waived under local legislation.

1. Parties: Identifies the employer and employee entering into the agreement, including their complete legal names, addresses, and roles

2. Background: Explains the context of the agreement, including the employment relationship and the purpose of the waiver and indemnification

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Scope of Employment: Outlines the employee's role, responsibilities, and the activities covered by the waiver

5. Waiver Provisions: Details the specific risks, liabilities, and claims being waived by the employee, subject to Philippine law limitations

6. Indemnification Obligations: Specifies the employee's obligations to indemnify the employer for certain actions or claims

7. Exceptions and Limitations: Lists circumstances and statutory rights that cannot be waived under Philippine law

8. Representations and Warranties: Statements by both parties confirming their understanding and capacity to enter into the agreement

9. Term and Termination: Specifies the duration of the waiver and conditions for termination

10. Governing Law and Jurisdiction: Confirms Philippine law as governing law and specifies jurisdiction for dispute resolution

11. Severability: Ensures that if any provision is found invalid, the rest of the agreement remains enforceable

12. Entire Agreement: Confirms that this document represents the complete understanding between parties

13. Execution: Signature blocks and execution requirements