New Employment Contract For Existing Employees Template for Philippines

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Key Requirements PROMPT example:

New Employment Contract For Existing Employees

"I need a New Employment Contract For Existing Employees to implement our company's hybrid work policy for our Manila office, which will take effect from March 2025, ensuring compliance with Philippine telecommuting laws while maintaining our current benefits structure."

Document background
This New Employment Contract For Existing Employees is designed for use in the Philippine jurisdiction when companies need to update or formalize employment terms with their current workforce. It becomes particularly relevant during organizational restructuring, policy updates, or when transitioning from informal to formal employment arrangements. The document incorporates all requirements under the Philippine Labor Code and related legislation, including recent updates to employment laws regarding remote work, data privacy, and occupational safety. It serves as a comprehensive agreement that preserves existing employment relationships while clearly documenting any modifications to terms and conditions, ensuring both employer and employee interests are protected under Philippine law. The contract is structured to maintain continuity of employment while providing clarity on updated terms, making it essential for proper documentation and compliance purposes.
Suggested Sections

1. Parties: Identification of the employer and employee with complete legal names and addresses

2. Background: Context of the new contract, including reference to existing employment relationship and reason for new contract

3. Definitions: Key terms used throughout the contract

4. Position and Duties: Job title, role description, reporting relationships, and key responsibilities

5. Term of Employment: Confirmation of continuous employment and any changes to employment status

6. Place of Work: Primary work location and any flexibility arrangements

7. Working Hours: Standard working hours, breaks, and overtime provisions

8. Compensation: Base salary, payment schedule, and mandatory deductions

9. Benefits: Statutory benefits including leave entitlements, health insurance, and social security

10. Performance Review: Process and frequency of performance evaluations

11. Confidentiality: Protection of company information and trade secrets

12. Intellectual Property: Ownership of work products and innovations

13. Data Privacy: Handling of employee personal information per Data Privacy Act

14. Code of Conduct: Expected behavior and compliance with company policies

15. Termination: Grounds and procedures for contract termination

16. Governing Law: Application of Philippine law and jurisdiction

17. Entire Agreement: Integration clause and relationship to previous contracts

18. Acknowledgment: Confirmation of understanding and acceptance of terms

Optional Sections

1. Mobility Clause: Used when employee may be required to work at different locations

2. Remote Work Provisions: Include when offering work-from-home or hybrid arrangements

3. Non-Compete: For roles with access to sensitive business information, subject to reasonable restrictions under Philippine law

4. Commission Structure: For sales roles or positions with variable compensation

5. International Travel: For roles requiring overseas work

6. Training Requirements: For positions requiring specific ongoing training or certifications

7. Vehicle Allowance: For roles providing company vehicle or transport allowance

8. Flexible Benefits: When offering cafeteria-style benefits programs

9. Inventions Assignment: For technical or creative roles involving product development

10. Rehabilitation Leave: For companies offering extended medical leave provisions

Suggested Schedules

1. Schedule 1 - Compensation Details: Detailed breakdown of salary components and calculation methods

2. Schedule 2 - Benefits Summary: Comprehensive list of benefits and eligibility criteria

3. Schedule 3 - Job Description: Detailed position responsibilities and requirements

4. Schedule 4 - Company Policies: Key workplace policies including disciplinary procedures

5. Schedule 5 - Data Privacy Notice: Detailed information about personal data processing

6. Appendix A - Previous Contract Summary: Summary of key terms from previous employment contract

7. Appendix B - Performance Metrics: Specific KPIs and performance evaluation criteria

8. Appendix C - Compliance Acknowledgments: Statutory declarations and policy acceptances

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

Manufacturing

Information Technology

Business Process Outsourcing

Financial Services

Retail

Healthcare

Education

Construction

Agriculture

Telecommunications

Mining

Real Estate

Tourism and Hospitality

Transportation and Logistics

Professional Services

Relevant Teams

Human Resources

Legal

Finance

Operations

Information Technology

Sales

Marketing

Customer Service

Research and Development

Quality Assurance

Business Development

Administration

Production

Supply Chain

Corporate Communications

Relevant Roles

Chief Executive Officer

Department Manager

Staff Officer

Administrative Assistant

Project Manager

Software Developer

Financial Analyst

Human Resources Specialist

Sales Representative

Marketing Coordinator

Operations Manager

Customer Service Representative

Research Analyst

Quality Assurance Specialist

Business Development Manager

Technical Support Specialist

Account Executive

Production Supervisor

Executive Assistant

Data Analyst

Industries
Labor Code of the Philippines (Presidential Decree No. 442): The fundamental law governing employment relationships in the Philippines, covering terms and conditions of employment, benefits, termination, and other labor standards
Philippine Constitution of 1987, Article XIII (Social Justice and Human Rights): Constitutional provisions protecting workers' rights and promoting full employment, including the right to security of tenure and humane working conditions
Republic Act No. 11165 (Telecommuting Act): Law establishing framework for telecommuting arrangements, particularly relevant for modern employment contracts that may include work-from-home provisions
Republic Act No. 10361 (Kasambahay Law): While specifically for domestic workers, this sets important standards for employment contracts that might be relevant by analogy
Republic Act No. 11058 (Occupational Safety and Health Standards Law): Mandates inclusion of workplace safety and health provisions in employment arrangements
Republic Act No. 10173 (Data Privacy Act): Governs the collection and processing of employee personal information, requiring specific provisions in employment contracts
Social Security Law (Republic Act No. 11199): Mandates social security coverage and contributions, which must be reflected in employment terms
National Health Insurance Act (Republic Act No. 10606): Requirements for PhilHealth coverage and contributions that need to be addressed in employment contracts
Republic Act No. 11223 (Universal Health Care Act): Provisions regarding health insurance coverage and related benefits that should be reflected in employment terms
Republic Act No. 11210 (Expanded Maternity Leave Law): Specifies maternity leave benefits that must be acknowledged in employment contracts
Republic Act No. 11313 (Safe Spaces Act): Requires inclusion of anti-sexual harassment policies and procedures in employment 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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