Physician Employment Agreement for Philippines

Physician Employment Agreement Template for Philippines

A comprehensive employment agreement governed by Philippine law that establishes the terms and conditions of a physician's employment with a healthcare facility. This document ensures compliance with the Labor Code of the Philippines, Medical Act of 1959, and other relevant healthcare regulations while defining the physician's duties, compensation, benefits, and professional obligations. It includes specific provisions for medical practice standards, patient care responsibilities, compliance with hospital policies, and maintaining professional credentials in accordance with Philippine healthcare laws and regulations.

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Physician Employment Agreement

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What is a Physician Employment Agreement?

The Physician Employment Agreement is a crucial legal document used in the Philippine healthcare sector to formalize the employment relationship between healthcare facilities and medical doctors. This agreement is essential when hiring physicians for hospitals, clinics, or medical centers, ensuring compliance with Philippine labor laws, healthcare regulations, and professional standards. The document addresses key aspects such as clinical duties, work schedules, compensation structures, professional requirements, and compliance with local healthcare laws including the Medical Act of 1959 and relevant Department of Health regulations. It protects both the healthcare facility's interests and the physician's rights while establishing clear expectations for medical practice, patient care, and professional development. The agreement is particularly important in the Philippine context where healthcare delivery must align with both private facility policies and public health requirements.

What sections should be included in a Physician Employment Agreement?

1. Parties: Identification of the employer (hospital/healthcare facility) and the physician employee, including their complete legal names and addresses

2. Background: Context of the agreement, including the employer's nature of business and the physician's qualifications

3. Definitions: Key terms used throughout the agreement including medical terminology and specific roles

4. Appointment and Term: Details of the position, specialty, and duration of employment (fixed-term or indefinite)

5. Scope of Practice: Detailed description of medical duties, responsibilities, and scope of authorized medical procedures

6. Work Schedule and Location: Working hours, on-call duties, and primary practice location(s)

7. Compensation and Benefits: Base salary, incentives, healthcare benefits, leave entitlements, and other benefits as per Philippine law

8. Professional Requirements: Licensing, credentials maintenance, continuing education requirements

9. Compliance with Laws and Policies: Obligation to comply with healthcare laws, hospital policies, and medical practice regulations

10. Confidentiality and Data Privacy: Obligations regarding patient information, hospital data, and compliance with the Data Privacy Act

11. Professional Liability Insurance: Requirements for malpractice insurance and coverage specifications

12. Termination: Grounds and procedures for contract termination, notice periods, and post-termination obligations

13. Non-compete and Non-solicitation: Restrictions on competitive activities during and after employment

14. Dispute Resolution: Procedures for resolving disputes, including mediation and arbitration provisions

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

What sections are optional to include in a Physician Employment Agreement?

1. Academic Appointments: Terms regarding teaching responsibilities and academic affiliations, if applicable

2. Research Activities: Provisions for conducting medical research, including intellectual property rights

3. Private Practice Rights: Terms for maintaining private practice outside primary employment, if permitted

4. Overseas Training: Provisions for international training opportunities and obligations

5. Performance Metrics: Specific KPIs and performance evaluation criteria

6. Signing Bonus: Terms of any one-time signing bonus or relocation allowance

7. Equipment and Resources: Provisions for specific medical equipment or resources provided

8. Moonlighting Provisions: Terms for additional employment or practice outside regular duties

9. Succession Planning: Provisions for training replacements or transitioning patients

What schedules should be included in a Physician Employment Agreement?

1. Schedule A - Compensation Structure: Detailed breakdown of salary, incentives, bonuses, and benefits calculation

2. Schedule B - Duties and Responsibilities: Comprehensive list of clinical, administrative, and other professional duties

3. Schedule C - Work Schedule: Detailed rotation schedules, on-call requirements, and holiday coverage

4. Schedule D - Performance Metrics: Specific performance indicators and evaluation criteria

5. Schedule E - Hospital Policies: Key hospital policies and procedures applicable to physicians

6. Schedule F - Benefits Package: Detailed description of all benefits, including healthcare, insurance, and leave entitlements

7. Appendix 1 - Code of Ethics: Hospital's code of ethics and professional conduct guidelines

8. Appendix 2 - Required Credentials: List of required licenses, certifications, and continuing education requirements

9. Appendix 3 - Equipment Inventory: List of equipment and resources provided to the physician

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

Healthcare

Medical Services

Hospital Administration

Clinical Practice

Professional Services

Healthcare Education

Medical Research

Public Health

Relevant Teams

Human Resources

Legal

Medical Staff Services

Compliance

Quality Assurance

Hospital Administration

Clinical Operations

Medical Affairs

Credentialing

Risk Management

Relevant Roles

Chief Medical Officer

Hospital Administrator

Medical Director

Department Head

Attending Physician

Resident Physician

Clinical Department Manager

HR Director

Legal Counsel

Compliance Officer

Medical Staff Coordinator

Healthcare Facility Manager

Quality Assurance Manager

Medical Staff Services Director

Industries
Labor Code of the Philippines (Presidential Decree No. 442): Primary legislation governing employment relationships, including terms of employment, compensation, working conditions, and termination
Republic Act No. 2382 (Medical Act of 1959): Regulates the practice of medicine, including licensing requirements, professional standards, and scope of practice for physicians
Republic Act No. 11058: Strengthens compliance with occupational safety and health standards, particularly relevant for healthcare settings
Republic Act No. 11223 (Universal Health Care Act): Provides framework for healthcare delivery system and may affect physician employment terms in both public and private settings
Republic Act No. 10606 (National Health Insurance Act): Governs PhilHealth participation and requirements, which affects healthcare providers' practices
Republic Act No. 10173 (Data Privacy Act of 2012): Regulates handling of personal and sensitive information, crucial for medical practice and patient confidentiality
Professional Regulation Commission (PRC) Resolution: Sets forth the code of ethics and standards for medical professionals
Department of Health Administrative Order No. 2012-0012: Rules and regulations governing the new classification of hospitals and other health facilities
Republic Act No. 8282 (Social Security Act): Mandates social security coverage and benefits for employees
Republic Act No. 7875: National Health Insurance Program, affecting healthcare delivery and physician compensation structures
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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