This Employment Contract Confidentiality agreement is essential for businesses operating in the Philippines that need to protect their confidential information while establishing clear employment terms. It serves as a comprehensive document combining standard employment terms required under Philippine labor law with robust confidentiality provisions. The document is particularly relevant in today's digital economy where data protection is crucial. It should be used when hiring employees who will have access to sensitive company information, intellectual property, trade secrets, or customer data. The agreement ensures compliance with various Philippine regulations including the Labor Code, Data Privacy Act of 2012, and Intellectual Property Code, while establishing clear guidelines for handling confidential information and consequences for unauthorized disclosure.
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1. Parties: Identification of the employer and employee with complete legal names and addresses
2. Background: Brief context of the employment relationship and need for confidentiality
3. Definitions: Key terms used in the agreement, particularly defining 'Confidential Information', 'Trade Secrets', and other relevant terms
4. Appointment and Term: Position, employment status, and duration of employment
5. Duties and Responsibilities: Main job responsibilities and reporting structure
6. Compensation and Benefits: Salary, allowances, and statutory benefits as per Philippine labor law
7. Working Hours and Location: Work schedule, overtime provisions, and place of work
8. Confidentiality Obligations: Core confidentiality provisions, scope of confidential information, and duration of obligations
9. Protection of Company Property: Handling of company documents, devices, and intellectual property
10. Return of Materials: Obligation to return confidential information and company property upon termination
11. Termination: Grounds for termination and procedures following Philippine labor law
12. General Provisions: Standard clauses including governing law, amendments, and severability
1. Probationary Period: Include for new employees subject to probation under Philippine law (maximum 6 months)
2. Non-Competition: Add for senior employees or those with access to sensitive business information, ensuring compliance with Philippine competition law
3. Intellectual Property Rights: Include for employees involved in creative or technical work
4. Remote Work Provisions: Add for employees who will work remotely full-time or part-time
5. Commission Structure: Include for sales positions or roles with variable compensation
6. International Travel: Add for positions requiring international travel
7. Data Privacy Consent: Include detailed data privacy provisions for employees handling sensitive personal information
1. Schedule 1 - Job Description: Detailed description of role, responsibilities, and performance expectations
2. Schedule 2 - Compensation Details: Breakdown of salary components, benefits, and payment terms
3. Schedule 3 - Confidential Information Categories: Specific types of confidential information relevant to the role
4. Schedule 4 - Company Policies: List of applicable company policies including IT, security, and confidentiality policies
5. Appendix A - Employee Handbook Acknowledgment: Employee's acknowledgment of company policies and procedures
6. Appendix B - Data Protection Policy: Detailed procedures for handling confidential and personal data
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