The Key Employee Agreement is essential for businesses operating in the Philippines who wish to secure and retain high-value employees while protecting company interests. This agreement is specifically designed for employees in senior positions, those with access to confidential information, or individuals crucial to the company's operations. It complies with Philippine labor laws, including the Labor Code and relevant employment legislation, while incorporating provisions for intellectual property protection, confidentiality, and non-competition. The document is particularly relevant when hiring executives, technical experts, or specialists who will have significant responsibility or access to sensitive company information. It provides more comprehensive provisions than standard employment contracts, reflecting the employee's strategic importance to the organization.
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1. Parties: Identification of the employer and employee with complete legal names and addresses
2. Background: Context of the employment relationship and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Appointment and Term: Position title, employment status, and duration of employment
5. Duties and Responsibilities: Detailed description of the employee's role, reporting structure, and key performance areas
6. Work Location and Hours: Primary workplace and standard working hours
7. Compensation and Benefits: Base salary, mandatory benefits, and additional compensation components
8. Probationary Period: Duration and terms of the probationary period as per Philippine Labor Code
9. Confidentiality: Protection of company confidential information and trade secrets
10. Intellectual Property: Ownership and rights to work products and inventions
11. Non-Competition and Non-Solicitation: Restrictions on competitive activities and solicitation of employees/clients
12. Performance Review: Process and frequency of performance evaluations
13. Termination: Grounds and procedures for termination, notice periods, and consequences
14. Post-Employment Obligations: Continuing obligations after employment ends
15. Data Privacy: Consent and obligations regarding personal data handling
16. Governing Law: Application of Philippine law and jurisdiction
17. General Provisions: Standard clauses including severability, entire agreement, and amendments
1. International Travel: Include when role requires international travel, detailing travel policies and allowances
2. Stock Options/Equity: Include when offering company shares or stock options as part of compensation
3. Remote Work Provisions: Include when allowing regular work-from-home arrangements under the Telecommuting Act
4. Training and Development: Include when specific training requirements or development programs are part of the role
5. Relocation: Include when position requires relocation or offers relocation benefits
6. Commission Structure: Include for sales or revenue-generating positions
7. Overseas Deployment: Include when employee may be deployed to foreign countries
8. Conflict of Interest: Include when employee has existing business interests or external commitments
1. Schedule 1 - Job Description: Detailed description of duties, responsibilities, and performance expectations
2. Schedule 2 - Compensation Structure: Breakdown of salary components, benefits, and variable pay elements
3. Schedule 3 - Company Policies: Key company policies that form part of the employment terms
4. Schedule 4 - Confidential Information: Definition and examples of confidential information
5. Schedule 5 - Benefits Package: Detailed description of all benefits and eligibility criteria
6. Appendix A - Code of Conduct: Company's code of conduct and ethical standards
7. Appendix B - IT and Communications Policy: Rules regarding use of company IT resources and communications
8. Appendix C - Performance Metrics: Specific KPIs and performance evaluation criteria
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