Flexible Working Contract Template for Philippines

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Flexible Working Contract

"I need a Flexible Working Contract for a senior software developer in our Manila tech startup, allowing them to work remotely from anywhere in the Philippines with core hours from 10 AM to 3 PM, starting March 1, 2025."

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What is a Flexible Working Contract?

The Flexible Working Contract serves as a crucial legal document in the Philippine employment landscape, particularly following the enactment of the Telecommuting Act and various DOLE regulations supporting flexible work arrangements. This contract type has become increasingly important since the COVID-19 pandemic, which accelerated the adoption of alternative work arrangements across industries. It provides a comprehensive framework for establishing flexible working relationships while ensuring compliance with Philippine labor laws, including provisions for work hours, location flexibility, equipment usage, data protection, and performance monitoring. The document is designed to protect both employer and employee interests while promoting work-life balance and operational efficiency in modern workplace settings.

What sections should be included in a Flexible Working Contract?

1. Parties: Identification of the employer and employee with complete details as required by Philippine law

2. Background: Context of the employment relationship and reason for flexible working arrangement

3. Definitions: Key terms used in the contract, including specific flexible working terminology

4. Employment Terms: Basic terms of employment including position, duties, and reporting relationships

5. Flexible Working Arrangement: Specific details of the flexible working setup, including work hours, days, and location

6. Compensation and Benefits: Salary, benefits, and other forms of compensation in accordance with Philippine labor laws

7. Work Equipment and Resources: Provisions regarding tools, equipment, and resources provided for flexible working

8. Data Protection and Confidentiality: Obligations regarding company data protection and confidentiality while working flexibly

9. Performance Monitoring: Methods and metrics for monitoring work performance under flexible arrangement

10. Health and Safety: Health and safety requirements in line with RA 11058, particularly for remote work

11. Term and Termination: Duration of the contract and conditions for termination

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

What sections are optional to include in a Flexible Working Contract?

1. Probationary Period: Include when the employee is new and subject to a probationary period

2. Travel Requirements: Include when the role requires occasional office visits or business travel

3. Overtime Arrangements: Include when overtime work may be required and compensated

4. Training and Development: Include when specific training requirements exist for the role

5. Alternative Work Location Requirements: Include when employee may work from multiple locations

6. Internet and Utility Allowance: Include when employer provides allowances for home office expenses

7. Time Zone Considerations: Include when work involves collaboration across different time zones

What schedules should be included in a Flexible Working Contract?

1. Schedule A - Flexible Working Policy: Detailed company policy on flexible working arrangements

2. Schedule B - Job Description: Detailed description of role, responsibilities, and performance expectations

3. Schedule C - Equipment Inventory: List of company-provided equipment and terms of use

4. Schedule D - Data Protection Protocol: Detailed protocols for handling company data while working remotely

5. Schedule E - Health and Safety Guidelines: Specific guidelines for maintaining health and safety in flexible work setup

6. Schedule F - Communication Protocol: Guidelines for maintaining communication and availability during flexible hours

7. Appendix 1 - Emergency Contact Procedures: Procedures for emergency situations during flexible working hours

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

Clauses
Relevant Industries

Information Technology

Business Process Outsourcing

Financial Services

Professional Services

Media and Communications

E-commerce

Education

Healthcare

Consulting

Digital Marketing

Software Development

Research and Development

Relevant Teams

Human Resources

Information Technology

Marketing

Finance

Operations

Customer Support

Sales

Research and Development

Legal

Administration

Product Development

Quality Assurance

Relevant Roles

Software Developer

Digital Marketing Manager

Financial Analyst

Customer Service Representative

Project Manager

Content Writer

Business Analyst

HR Coordinator

Research Associate

Account Manager

Data Scientist

Graphic Designer

Operations Manager

Administrative Assistant

Sales Representative

Technical Support Specialist

Industries
Labor Code of the Philippines (Presidential Decree No. 442): The fundamental law governing employment relationships in the Philippines, covering basic terms and conditions of employment, rights and obligations of both employers and employees
Republic Act No. 11165 (Telecommuting Act): Law that recognizes telecommuting as a legitimate work arrangement, establishing guidelines for implementing work-from-home and other flexible working programs
DOLE Department Order No. 237-22: Guidelines on the implementation of flexible work arrangements, including compressed work week, reduction of work hours, and rotation of workers
Republic Act No. 10173 (Data Privacy Act of 2012): Legislation protecting personal information in information and communications systems, relevant for remote work arrangements and digital communications
DOLE Labor Advisory No. 09-20: Guidelines on the implementation of flexible work arrangements as remedial measure due to the COVID-19 pandemic, which remains relevant for ongoing flexible work policies
Republic Act No. 11058 (Occupational Safety and Health Law): Ensures the safety, health, and welfare of workers, including those working in flexible arrangements or from home
Social Security Law (Republic Act No. 11199): Mandates social security coverage and benefits for employees, including those under flexible working arrangements
Republic Act No. 7875 (National Health Insurance Act): Requires PhilHealth coverage for employees, including those under flexible working arrangements
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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