Employment Contract For Sales Representative Template for Philippines

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Key Requirements PROMPT example:

Employment Contract For Sales Representative

"I need an Employment Contract for Sales Representative for our pharmaceutical company in the Philippines, with specific provisions for handling medical product samples and a detailed commission structure for both hospital and clinic sales channels."

Document background
This Employment Contract For Sales Representative is essential for companies operating in the Philippines who wish to formally engage sales professionals. The document is designed to comply with the Philippine Labor Code and related employment legislation while addressing the unique aspects of sales roles. It should be used when hiring new sales representatives or formalizing existing sales employment relationships. The contract covers crucial elements including compensation structure (base salary and commission), sales territories, performance metrics, confidentiality provisions, and statutory benefits required under Philippine law. It's particularly important as it balances the protection of employer interests (through provisions like non-compete clauses and confidentiality agreements) with employee rights under Philippine labor laws. The document is structured to accommodate various industries and can be customized based on specific sales roles, territory assignments, and commission structures while maintaining legal compliance.
Suggested Sections

1. Parties: Identification of the Employer and the Sales Representative, including complete legal names and addresses

2. Background: Brief context of the employment relationship and the nature of the Employer's business

3. Definitions: Key terms used throughout the contract, including specific sales-related terminology

4. Appointment and Term: Position title, employment status (probationary/regular), and duration of employment

5. Duties and Responsibilities: Detailed description of the sales representative's roles, reporting structure, and sales territories

6. Working Hours and Location: Standard working hours, flexibility provisions, and designated sales territory or work location

7. Compensation and Benefits: Base salary, commission structure, mandatory benefits, and payment terms

8. Sales Targets and Performance Metrics: Expected sales quotas, KPIs, and performance evaluation criteria

9. Statutory Benefits: SSS, PhilHealth, Pag-IBIG, and other mandatory benefits under Philippine law

10. Leave Entitlements: Vacation, sick leave, and other leave benefits as per Philippine labor laws

11. Confidentiality: Protection of company trade secrets, customer information, and proprietary data

12. Non-Competition and Non-Solicitation: Restrictions on competing activities during and after employment

13. Company Property: Rules regarding use and return of company assets, including sales materials and devices

14. Termination: Grounds for termination, notice periods, and processes as per Philippine labor law

15. Governing Law: Specification of Philippine law as governing law and jurisdiction

Optional Sections

1. Relocation: Terms for potential relocation between sales territories, used when the role may require geographic mobility

2. International Travel: Provisions for international business travel, relevant for roles covering international markets

3. Vehicle Allowance: Terms regarding company vehicle or transportation allowance, when applicable to the role

4. Remote Work Provisions: Specific terms for remote work arrangements under the Telecommuting Act

5. Sales Team Management: Additional responsibilities and compensation for sales team leadership roles

6. Product Training: Specific requirements for product training and certification maintenance

7. Expense Reimbursement: Detailed policies for business expense claims and reimbursement procedures

8. Client Entertainment: Guidelines for client entertainment expenses and approvals

Suggested Schedules

1. Schedule A - Commission Structure: Detailed breakdown of commission rates, calculation methods, and payment terms

2. Schedule B - Sales Territories: Detailed mapping of assigned sales territories and any exclusive rights

3. Schedule C - Sales Targets: Quarterly/annual sales targets and bonus thresholds

4. Schedule D - Company Products/Services: List of products/services the representative is authorized to sell

5. Schedule E - Expense Policy: Detailed policies regarding reimbursable expenses and claim procedures

6. Appendix 1 - Benefits Summary: Summary of all benefits including both statutory and company-specific benefits

7. Appendix 2 - Reporting Templates: Standard templates for sales reports and performance tracking

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

Retail

Technology

Pharmaceuticals

Real Estate

Financial Services

Manufacturing

Consumer Goods

Telecommunications

Insurance

Automotive

Industrial Equipment

Medical Devices

Construction Materials

Food and Beverage

Agricultural Products

Relevant Teams

Sales

Business Development

Account Management

Commercial

Revenue

Customer Success

Product Sales

Direct Sales

Field Operations

Channel Sales

Inside Sales

Regional Sales

Corporate Sales

Relevant Roles

Sales Representative

Account Executive

Business Development Representative

Territory Sales Manager

Field Sales Representative

Inside Sales Representative

Sales Consultant

Product Specialist

Sales Executive

Key Account Manager

Regional Sales Representative

Junior Sales Representative

Senior Sales Representative

Sales Development Representative

Technical Sales Representative

Industries
Labor Code of the Philippines (Presidential Decree No. 442): The primary law governing employment relationships in the Philippines, covering fundamental aspects such as hiring, termination, working conditions, and employee benefits
Republic Act No. 11165 (Telecommuting Act): Relevant for sales representatives who may work remotely or in the field, establishing guidelines for alternative working arrangements
Republic Act No. 8282 (Social Security Act): Mandates social security coverage and contributions for employees, including sales representatives
Republic Act No. 11223 (Universal Health Care Act): Requires PhilHealth coverage for all employees, including provisions for health insurance and medical benefits
Republic Act No. 7875 (National Health Insurance Act): Establishes the framework for healthcare coverage and benefits that must be provided to employees
Republic Act No. 8424 (Tax Reform Act): Governs the taxation of income, including provisions for taxing commissions and other forms of compensation typical for sales representatives
Republic Act No. 10361 (Kasambahay Law): While primarily for domestic workers, it provides guidance on employment contracts that can be applicable to other sectors
Republic Act No. 10173 (Data Privacy Act): Relevant for handling employee personal information and customer data that sales representatives may access
Department Order No. 147-15: DOLE guidelines on employment relationship and rights of workers, including rules on fixed-term employment
Republic Act No. 11058 (Occupational Safety and Health Standards): Sets standards for workplace safety and health, including provisions for field workers like sales representatives
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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