International Employment Contract for Philippines

International Employment Contract Template for Philippines

A comprehensive employment agreement governed by Philippine law, designed for international employment relationships where either a Filipino worker is employed abroad or a foreign company employs workers in the Philippines. The contract incorporates mandatory provisions required by Philippine labor laws, POEA regulations, and relevant international employment standards. It addresses key aspects including compensation, benefits, working conditions, and specific protections required under Philippine overseas employment legislation, while ensuring compliance with both local and international labor standards.

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What is a International Employment Contract?

The International Employment Contract serves as a crucial legal document for establishing employment relationships with an international element under Philippine jurisdiction. It is essential for situations involving Filipino workers employed abroad or foreign companies employing workers in the Philippines. The contract must comply with the Philippine Labor Code, POEA regulations, and the Migrant Workers and Overseas Filipinos Act, while incorporating international employment standards. This document typically includes detailed terms of employment, compensation structures, benefits packages, working conditions, and specific protections required by Philippine law. It's particularly important for ensuring proper documentation for work permits, visas, and other immigration requirements, while providing clear guidelines for both employer and employee rights and obligations in an international context.

What sections should be included in a International Employment Contract?

1. Parties: Identification of the employer and employee, including complete legal names, addresses, and registration details

2. Background: Context of the employment relationship, including the nature of the employer's business and the purpose of hiring

3. Definitions: Key terms used throughout the contract, ensuring clarity and preventing misinterpretation

4. Position and Duties: Detailed description of the employee's role, responsibilities, and reporting relationships

5. Term of Employment: Duration of the contract, including start date, contract period, and renewal conditions

6. Place of Work: Primary work location and any requirements for travel or relocation

7. Working Hours: Standard working hours, rest days, and overtime arrangements in compliance with Philippine labor laws

8. Compensation and Benefits: Salary, payment schedule, currency, method of payment, and mandatory benefits under Philippine law

9. Leave Entitlements: Various types of leave (annual, sick, emergency) and conditions for taking leave

10. Medical and Insurance Coverage: Health insurance and medical benefits as required by Philippine overseas employment regulations

11. Termination Provisions: Grounds for termination, notice periods, and severance arrangements

12. Repatriation: Terms and conditions for return travel upon contract completion or termination

13. Governing Law: Specification of Philippine law as governing law and relevant jurisdictional matters

14. Dispute Resolution: Process for handling employment-related disputes and jurisdiction specifications

What sections are optional to include in a International Employment Contract?

1. Probationary Period: Terms of initial probationary period, if applicable (used for new employees only)

2. Non-Competition Clause: Restrictions on working with competitors (used for senior positions or when dealing with sensitive information)

3. Confidentiality Agreement: Protection of employer's confidential information (used when employee has access to sensitive data)

4. Housing Allowance: Terms of accommodation or housing benefits (used when employer provides housing)

5. Education Benefits: Provisions for training or education support (used when employer offers development programs)

6. Commission Structure: Details of commission-based compensation (used for sales or performance-based roles)

7. Intellectual Property Rights: Ownership of work product and innovations (used for technical or creative roles)

8. Remote Work Provisions: Terms for remote working arrangements (used when position allows work from home)

What schedules should be included in a International Employment Contract?

1. Schedule A - Job Description: Detailed breakdown of job responsibilities, qualifications, and performance expectations

2. Schedule B - Compensation Package: Detailed breakdown of salary components, allowances, and benefits

3. Schedule C - Company Policies: Key company policies and procedures applicable to the employee

4. Schedule D - Required Documentation: List of required documents for employment and visa purposes

5. Appendix 1 - Emergency Contact Information: Employee's emergency contacts and next of kin details

6. Appendix 2 - POEA Standard Terms: Mandatory terms and conditions as required by the Philippine Overseas Employment Administration

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

Jurisdiction

Philippines

Publisher

Genie AI

Document Type

Employment Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Healthcare

Engineering

Construction

Maritime

Education

Hospitality

Manufacturing

Professional Services

Energy and Resources

Financial Services

Telecommunications

Relevant Teams

Human Resources

Legal

Compliance

Global Mobility

Finance

Operations

Administration

Recruitment

International Operations

Employee Relations

Relevant Roles

Chief Executive Officer

Country Manager

Project Manager

Software Engineer

Medical Professional

Teacher

Construction Manager

Financial Analyst

Marketing Director

Operations Manager

Human Resources Manager

Technical Specialist

Sales Executive

Research Scientist

Administrative Officer

Engineering Supervisor

Nurse

Architect

Legal Counsel

Account Manager

Industries
Philippine Labor Code (Presidential Decree No. 442): Primary legislation governing employment relationships in the Philippines, covering fundamental aspects such as working conditions, benefits, termination, and employee rights
Republic Act No. 8042 (Migrant Workers and Overseas Filipinos Act of 1995): Specific legislation protecting Filipino workers abroad, establishing standards for overseas employment contracts and defining responsibilities of recruitment agencies
Republic Act No. 10022: Amendment to RA 8042 strengthening the protection of overseas Filipino workers, including mandatory insurance coverage and enhanced pre-deployment requirements
Social Security Law (Republic Act No. 8282): Mandates social security coverage and benefits for employees, including specific provisions for overseas workers
Philippine Immigration Act: Governs the entry and stay of foreign nationals working in the Philippines, including visa requirements and work permits
Republic Act No. 10361 (Domestic Workers Act): If applicable for domestic workers, provides specific protections and requirements for household service workers
Republic Act No. 6725: Strengthens prohibition of discrimination against women in the workplace
DOLE Department Order No. 18-A: Regulates contracting and subcontracting arrangements, important for determining employment relationships
Overseas Workers Welfare Administration (OWWA) Regulations: Guidelines on welfare protection and benefits for overseas Filipino workers
Philippine Overseas Employment Administration (POEA) Rules and Regulations: Specific rules governing overseas employment contracts, including standard employment contract provisions
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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