Question 1

What is an Employer Waiver Of Liability

Accepted Answer

The Employer Waiver of Liability is a crucial risk management tool used in Philippine business operations where employees engage in activities that carry inherent risks. This document becomes necessary when employees participate in potentially hazardous work activities, special events, or operations where the employer seeks to limit liability while maintaining compliance with Philippine labor laws. The waiver must carefully balance the employer's need for protection with the non-waivable rights guaranteed under Philippine legislation, including the Labor Code and occupational safety regulations. It's particularly relevant in industries with elevated operational risks and must be structured to acknowledge both the Civil Code's provisions on contracts and the constitutional protections afforded to workers. The document typically includes detailed descriptions of covered activities, acknowledgment of risks, and clear statements about rights that cannot be waived under Philippine law.

Question 2

What sections should be included in an Employer Waiver Of Liability

Accepted Answer

1. Parties: Identification of the employer and employee, including complete legal names, addresses, and employment identification details. 2. Background: Context of the employment relationship and circumstances leading to the waiver. 3. Definitions: Clear definitions of key terms used in the waiver, including 'Liability', 'Claims', 'Covered Activities', and other relevant terms. 4. Scope of Waiver: Detailed description of what specific liabilities and claims are being waived, with clear boundaries. 5. Acknowledgment of Rights: Employee's acknowledgment of understanding their rights and the voluntary nature of the waiver. 6. Non-Waivable Rights: Express statement of rights that cannot be waived under Philippine law. 7. Consideration: Statement of consideration or benefit provided to the employee in exchange for the waiver. 8. Duration and Applicability: Time period for which the waiver applies and specific circumstances of application. 9. Governing Law: Specification of Philippine law as governing law and relevant jurisdictional provisions. 10. Execution: Signature blocks and execution requirements including witness provisions.

Question 3

What sections are optional to include in an Employer Waiver Of Liability

Accepted Answer

1. Specific Activity Provisions: Additional provisions for specific workplace activities or risks, used when the waiver relates to particular job functions or events. 2. Insurance Coverage: Details of relevant insurance coverage, included when specific insurance policies are relevant to the waiver. 3. Dispute Resolution: Procedures for handling disputes, included when parties want to specify mediation or arbitration processes. 4. Severability: Clause ensuring remaining provisions stay valid if parts are found unenforceable, used in more comprehensive waivers. 5. Language Confirmation: Confirmation that the employee understands the language of the waiver, used when the employee's primary language is not English or Filipino. 6. Independent Legal Advice: Acknowledgment of the opportunity to seek independent legal advice, recommended for more significant waivers.

Question 4

What schedules should be included in an Employer Waiver Of Liability

Accepted Answer

1. Schedule A - Specific Activities: Detailed list of specific activities or situations covered by the waiver. 2. Schedule B - Excluded Claims: List of claims and rights explicitly excluded from the waiver. 3. Schedule C - Safety Procedures: Relevant safety procedures and protocols related to the waiver. 4. Appendix 1 - Risk Acknowledgment Form: Detailed form acknowledging specific risks related to the waiver. 5. Appendix 2 - Employee Rights Summary: Summary of employee's non-waivable rights under Philippine law.

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