Employment Contract For Restaurant Staff Template for Philippines

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Employment Contract For Restaurant Staff

"I need an Employment Contract For Restaurant Staff for hiring a head chef at my fine dining restaurant in Manila, including specific clauses about recipe confidentiality and creative menu development, starting March 2025."

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What is a Employment Contract For Restaurant Staff?

The Employment Contract For Restaurant Staff is a specialized employment agreement designed for use in the Philippine food service industry. It serves as a legally binding document between restaurant employers and their staff, ensuring compliance with the Philippine Labor Code, Food Safety Act, and related regulations. This contract is essential for establishments ranging from small local restaurants to large chain operations, providing clear terms of employment while addressing industry-specific requirements such as food handling protocols, service standards, and shift work arrangements. The document includes mandatory provisions required by Philippine law, including social security benefits, working hours, leave entitlements, and probationary periods, while also incorporating restaurant-specific elements such as hygiene standards and service charge policies.

What sections should be included in a Employment Contract For Restaurant Staff?

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

2. Background: Brief context about the restaurant and the purpose of the employment relationship

3. Definitions: Key terms used throughout the contract including specific restaurant industry terminology

4. Position and Duties: Specific role, job title, and detailed responsibilities of the employee

5. Term of Employment: Employment start date and whether fixed-term or permanent employment

6. Probationary Period: Standard 6-month probationary period as per Philippine Labor Code

7. Working Hours and Schedule: Regular working hours, shift patterns, and overtime arrangements

8. Compensation and Benefits: Base salary, overtime rates, mandatory benefits (SSS, PhilHealth, etc.)

9. Leave Entitlements: Vacation, sick leave, and other statutory leave entitlements

10. Health and Safety Requirements: Compliance with food safety regulations and general workplace safety

11. Uniform and Grooming Standards: Required dress code and personal presentation standards

12. Confidentiality: Protection of restaurant trade secrets, recipes, and business information

13. Termination: Grounds and procedures for contract termination

14. Governing Law: Philippine law as governing law and jurisdiction

What sections are optional to include in a Employment Contract For Restaurant Staff?

1. Cash Handling Responsibilities: Include for positions involving cash register or payment handling

2. Service Charge Distribution: Include if the restaurant implements service charge sharing

3. Training Requirements: Include for positions requiring specific certifications or training

4. Non-compete Clause: Include for senior staff or those with access to proprietary information

5. Vehicle Use: Include for delivery staff or those required to drive

6. Commission Structure: Include for sales-focused positions or performance-based compensation

7. Multiple Location Work: Include if employee may be required to work at different branches

8. Intellectual Property: Include for chefs or those developing recipes/menu items

What schedules should be included in a Employment Contract For Restaurant Staff?

1. Schedule A - Job Description: Detailed breakdown of job responsibilities and performance metrics

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

3. Schedule C - Work Schedule: Detailed shift patterns and rotation schedule if applicable

4. Schedule D - Company Policies: Restaurant's house rules and standard operating procedures

5. Schedule E - Health and Safety Protocols: Food safety and hygiene requirements specific to role

6. Schedule F - Employee Handbook: Reference to or incorporation of employee handbook

7. Appendix 1 - Required Certifications: List of mandatory certifications or training requirements

8. Appendix 2 - Uniform Guidelines: Detailed uniform specifications and maintenance requirements

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

Food & Beverage

Hospitality

Restaurant

Fast Food

Casual Dining

Fine Dining

Catering

Food Service

Quick Service Restaurant

Hotel Restaurant

Relevant Teams

Operations

Kitchen

Front of House

Back of House

Service

Food Preparation

Beverage

Quality Control

Customer Service

Administration

Management

Relevant Roles

Restaurant Manager

Assistant Restaurant Manager

Head Chef

Sous Chef

Line Cook

Prep Cook

Server

Waiter/Waitress

Host/Hostess

Cashier

Busser

Dishwasher

Barista

Bartender

Kitchen Helper

Food Runner

Service Crew

Restaurant Supervisor

Floor Manager

Kitchen Manager

Industries
Labor Code of the Philippines (Presidential Decree No. 442): Primary legislation governing employment relationships, including basic conditions of employment, working hours, leave entitlements, termination procedures, and other fundamental labor rights
Republic Act No. 11058: Occupational Safety and Health Standards Law which sets requirements for workplace safety and health, particularly relevant for restaurant environments
Republic Act No. 7610: Protection against child labor, relevant for ensuring compliance with minimum age requirements in restaurant employment
Republic Act No. 8282: Social Security Law requiring mandatory coverage of employees under the Social Security System (SSS)
Republic Act No. 7875: National Health Insurance Act, requiring PhilHealth coverage for employees
Republic Act No. 9178: Barangay Micro Business Enterprises (BMBEs) Law, which may affect employment terms for small restaurant businesses
Republic Act No. 11364: Cooperative Development Authority Charter, relevant if the restaurant is operated as a cooperative
Food Safety Act of 2013 (RA 10611): Sets standards for food handling and safety procedures that must be reflected in employee responsibilities and training requirements
Department Order No. 178-17: Rules implementing Book III of the Labor Code, specifically dealing with working conditions and rest periods
Republic Act No. 11058: Strengthens compliance with occupational safety and health standards, including specific provisions for food service industry
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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