Provisional Contract Of Employment Template for Philippines

The Provisional Contract of Employment is a crucial document used in the Philippine employment context when hiring employees for an initial probationary period. This contract type is specifically designed to comply with Philippine Labor Code requirements, particularly Article 295, which limits probationary employment to a maximum of six months. The document is typically used when an employer wishes to evaluate a new hire's suitability for regular employment, setting clear performance standards and evaluation criteria. It must include specific terms regarding compensation, benefits, working conditions, and grounds for regularization or termination. The contract protects both employer and employee interests by clearly defining expectations and rights during the provisional period, while ensuring compliance with mandatory benefits such as SSS, PhilHealth, and Pag-IBIG coverage.

1. Parties: Identifies the employer and employee with their complete legal names and addresses

2. Background: Brief context about the employment opportunity and the provisional nature of the contract

3. Definitions: Defines key terms used throughout the contract, including 'Probationary Period', 'Performance Standards', and other relevant terms

4. Position and Duties: Specifies the job title, role, and primary responsibilities of the employee

5. Probationary Period: States the duration of the provisional period (not exceeding 6 months) and conditions for regularization

6. Performance Standards: Clearly outlines the metrics and criteria by which the employee's performance will be evaluated for potential regular employment

7. Compensation and Benefits: Details the salary, mandatory benefits (SSS, PhilHealth, Pag-IBIG), and any additional benefits during the provisional period

8. Working Hours and Location: Specifies work schedule, working hours, and place of work

9. Evaluation Process: Describes how and when performance evaluations will be conducted during the provisional period

10. Termination: Outlines grounds for early termination and the process for conversion to regular employment

11. Confidentiality: Specifies employee obligations regarding company confidential information

12. Governing Law: Confirms that the agreement is governed by Philippine law and relevant labor regulations

13. Entire Agreement: States that this document represents the complete agreement between parties