Performance And Development Agreement Template for Philippines

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Key Requirements PROMPT example:

Performance And Development Agreement

"I need a Performance and Development Agreement for a senior software engineer in our Manila office who will undergo an intensive 12-month technical leadership program starting January 2025, including international training assignments and a two-year service commitment."

Document background
The Performance and Development Agreement serves as a crucial document in Philippine employment relationships where structured professional development and performance management are essential. It is typically used when an employer invests significantly in an employee's professional growth through training, education, or development programs. The agreement, governed by Philippine labor laws and regulations, outlines performance expectations, development activities, evaluation methods, and any associated commitments. It's particularly relevant for high-potential employees, management trainees, or specialists requiring specific skill development. The document helps protect both employer and employee interests by clearly defining development objectives, timelines, and mutual obligations, while ensuring compliance with local employment laws, including the Labor Code of the Philippines and relevant DOLE regulations.
Suggested Sections

1. Parties: Identification of the employer and employee, including full legal names and addresses

2. Background: Context of the agreement, including employee's current position and reason for the development program

3. Definitions: Definitions of key terms used throughout the agreement

4. Term and Duration: Period of the agreement, including start date and duration of the development program

5. Performance Objectives: Clear statement of performance targets and expectations

6. Development Program: Details of training, education, or development activities to be undertaken

7. Evaluation Process: Methods and frequency of performance assessment and progress review

8. Rights and Obligations: Responsibilities of both parties in relation to the performance and development program

9. Compensation and Benefits: Details of salary, allowances, and benefits during the program

10. Confidentiality: Obligations regarding confidential information and trade secrets

11. Termination: Circumstances and procedures for ending the agreement

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

13. General Provisions: Standard legal provisions including amendments, notices, and entire agreement clause

Optional Sections

1. Mobility Requirements: Include when the development program involves travel or temporary relocation

2. Training Bond: Include when the employer requires service commitment after completion of expensive training

3. Intellectual Property: Include when development activities may result in creation of IP

4. International Assignments: Include for development programs involving overseas training or assignments

5. Special Benefits: Include when additional benefits are provided during the development program

6. Performance Incentives: Include when specific rewards are tied to development achievements

7. Non-Competition: Include when protecting company interests post-program completion is necessary

Suggested Schedules

1. Schedule A - Development Program Details: Detailed outline of training modules, courses, or development activities

2. Schedule B - Performance Metrics: Specific KPIs and measurement criteria for performance evaluation

3. Schedule C - Timeline and Milestones: Detailed timeline of development activities and achievement milestones

4. Schedule D - Compensation Structure: Detailed breakdown of salary, allowances, and any performance-linked incentives

5. Schedule E - Required Certifications: List of certifications or qualifications to be obtained

6. Appendix 1 - Evaluation Forms: Standard forms for performance and development assessments

7. Appendix 2 - Company Policies: Relevant company policies affecting the development program

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

Banking and Financial Services

Information Technology

Manufacturing

Professional Services

Healthcare

Education

Telecommunications

Retail

Business Process Outsourcing

Construction

Energy

Hospitality

Relevant Teams

Human Resources

Learning and Development

Talent Management

Operations

Information Technology

Finance

Sales and Marketing

Research and Development

Quality Assurance

Production

Legal

Administration

Relevant Roles

Management Trainee

Department Manager

Technical Specialist

Professional Development Officer

Senior Executive

Project Manager

HR Manager

Training Coordinator

Department Head

Team Leader

Technical Lead

Operations Manager

Sales Manager

Research and Development Specialist

Quality Assurance Manager

Industries
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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