Executive Director Employment Contract Template for Philippines

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Key Requirements PROMPT example:

Executive Director Employment Contract

"I need an Executive Director Employment Contract for a newly appointed director in our fintech startup, with a focus on equity compensation and tech industry-specific IP provisions, with the appointment starting March 1, 2025."

Document background
The Executive Director Employment Contract is a crucial document used when appointing high-level executive officers in Philippine corporations. It serves as the primary agreement governing the employment relationship between the company and its executive directors, ensuring compliance with the Philippine Labor Code, Corporation Code, and Securities Regulation Code. This contract is typically implemented when appointing new executive directors, promoting internal candidates to executive positions, or renewing existing executive agreements. The document comprehensively covers essential elements such as compensation structures, performance expectations, fiduciary duties, and protection of company interests, while incorporating specific Philippine regulatory requirements for executive officers of corporations.
Suggested Sections

1. Parties: Identification of the company and the executive director, including their respective addresses and registration details

2. Background: Context of the appointment, including any relevant corporate approvals and board resolutions

3. Definitions: Key terms used throughout the agreement, including company-specific terminology

4. Appointment and Term: Position title, appointment date, term duration, and renewal provisions

5. Duties and Responsibilities: Detailed outline of executive director roles, reporting relationships, and fiduciary duties

6. Time Commitment: Expected working hours, availability, and provisions for other commitments

7. Compensation and Benefits: Base salary, bonuses, equity participation, and standard benefits package

8. Performance Reviews: Evaluation criteria, frequency of reviews, and performance measurement processes

9. Confidentiality: Protection of company information and trade secrets

10. Intellectual Property: Ownership of work product and innovations developed during employment

11. Non-Competition and Non-Solicitation: Restrictions on competitive activities during and after employment

12. Termination: Grounds for termination, notice periods, and consequences of termination

13. Post-Termination Obligations: Continuing duties and obligations after employment ends

14. Governing Law and Jurisdiction: Application of Philippine law and dispute resolution mechanisms

Optional Sections

1. Stock Options/Equity Participation: Details of any share-based compensation, used when the company offers equity incentives

2. International Travel: Terms for international assignments and travel, included for roles requiring significant travel

3. Change of Control: Provisions addressing executive's rights in case of company ownership changes

4. Garden Leave: Terms for placing executive on paid leave during notice period, if company policy allows

5. Expatriate Benefits: Additional benefits for foreign executives, if applicable

6. Representation on Other Boards: Terms for serving on other company boards, if permitted

7. Relocation Assistance: Support for relocation if the role requires moving to a new location

Suggested Schedules

1. Schedule 1: Compensation Structure: Detailed breakdown of salary, bonuses, and other financial benefits

2. Schedule 2: Performance Metrics: Key Performance Indicators (KPIs) and bonus calculation methodology

3. Schedule 3: Benefits Package: Comprehensive list of benefits, insurance coverage, and allowances

4. Schedule 4: Position Description: Detailed role profile and responsibilities

5. Schedule 5: Company Policies: Key corporate policies applicable to executive directors

6. Appendix A: Board Resolution: Copy of board resolution approving the appointment

7. Appendix B: Statutory Declarations: Required declarations under Philippine corporate and securities laws

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

Financial Services

Technology

Manufacturing

Retail

Healthcare

Real Estate

Telecommunications

Energy

Mining

Construction

Education

Professional Services

Transportation

Agriculture

Media and Entertainment

Relevant Teams

Legal

Human Resources

Executive Office

Corporate Secretariat

Compliance

Board Secretariat

Compensation Committee

Corporate Governance

Risk Management

Relevant Roles

Executive Director

Managing Director

Chief Executive Officer

Chief Operating Officer

Country Manager

Regional Director

Division Director

Executive Vice President

Senior Managing Director

Group Executive Director

Industries
Labor Code of the Philippines (Presidential Decree No. 442): Primary legislation governing employment relationships, including terms of employment, compensation, working conditions, and termination provisions
Corporation Code of the Philippines (Republic Act No. 11232): Regulates corporate governance, directors' duties, responsibilities, and fiduciary obligations to the company
Securities Regulation Code (Republic Act No. 8799): Governs responsibilities of executive officers in publicly listed companies, including disclosure requirements and fiduciary duties
National Internal Revenue Code: Covers taxation of executive compensation, benefits, and other forms of remuneration
Social Security Law (Republic Act No. 8282): Mandates social security coverage and contributions for employees, including executives
Data Privacy Act of 2012 (Republic Act No. 10173): Regulates the collection, processing, and protection of personal information in employment relationships
Anti-Sexual Harassment Act (Republic Act No. 7877): Provides protection against sexual harassment in the workplace, particularly relevant for leadership positions
Wage Rationalization Act (Republic Act No. 6758): Governs compensation structure and salary standardization in certain corporate contexts
DOLE Department Order No. 147-15: Provides guidelines on employee-employer relationships and contract requirements
Civil Code of the Philippines: Contains general provisions on contracts and obligations applicable to employment agreements
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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