Question 1

What is a Pre Employment Agreement

Accepted Answer

The Pre-Employment Agreement is a crucial document used in the Philippines when organizations need to establish formal terms with potential employees before actual employment begins. This agreement is particularly important when the pre-employment phase involves access to confidential information, specialized training, or assessment periods. It ensures compliance with Philippine labor laws, including the Labor Code, Data Privacy Act, and various employment-related regulations. The document typically precedes an Employment Contract and helps protect both the employer's interests (particularly regarding confidential information and resources invested in the candidate) and the candidate's rights during the pre-employment phase. It's especially relevant for positions requiring security clearance, extensive training, or detailed evaluation periods before formal employment.

Question 2

What sections should be included in a Pre Employment Agreement

Accepted Answer

1. Parties: Identification of the potential employer and the candidate, including complete legal names and addresses. 2. Background: Context of the agreement, including the proposed position and general purpose of the pre-employment arrangement. 3. Definitions: Key terms used throughout the agreement, including 'Confidential Information', 'Pre-Employment Period', and other relevant terms. 4. Duration: Length of the pre-employment period and conditions for extension or early termination. 5. Pre-Employment Activities: Specific activities, training, or assessments the candidate must complete during the pre-employment period. 6. Confidentiality Obligations: Obligations regarding company information accessed during the pre-employment period. 7. Intellectual Property Rights: Ownership of any work or innovations created during the pre-employment period. 8. Data Privacy and Protection: Consent and terms for handling personal information in compliance with the Data Privacy Act. 9. Expenses and Compensation: Any payments, reimbursements, or stipends during the pre-employment period. 10. Termination: Conditions under which either party may terminate the agreement. 11. Governing Law: Specification of Philippine law as governing law and jurisdiction. 12. General Provisions: Standard clauses including severability, entire agreement, and amendments.

Question 3

What sections are optional to include in a Pre Employment Agreement

Accepted Answer

1. Medical Examination: Requirements for medical examinations, used when the position requires specific health conditions. 2. Background Check Authorization: Terms for conducting background checks, used when position requires security clearance or verification. 3. Training Requirements: Specific training programs and certifications needed, used when pre-employment training is required. 4. Non-Competition: Restrictions on working with competitors, used for senior positions or roles with access to sensitive information. 5. Travel Requirements: Terms regarding pre-employment travel or training locations, used when position requires mobility. 6. Equipment and Resources: Terms for company resources provided during pre-employment, used when specific tools or equipment are provided. 7. Performance Metrics: Specific performance targets or assessments, used when pre-employment includes evaluation period.

Question 4

What schedules should be included in a Pre Employment Agreement

Accepted Answer

1. Schedule A - Position Description: Detailed description of the proposed position and responsibilities. 2. Schedule B - Pre-Employment Activities Timeline: Specific timeline and milestones for the pre-employment period. 3. Schedule C - Compensation and Benefits Details: Breakdown of any financial terms during pre-employment. 4. Schedule D - Required Documentation: List of documents and credentials the candidate must provide. 5. Appendix 1 - Company Policies: Relevant company policies applicable during pre-employment. 6. Appendix 2 - Confidentiality Agreement: Detailed confidentiality terms and protected information. 7. Appendix 3 - Training Program Overview: Details of any required training or orientation programs.

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