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This Employment Agreement is a contract between an employer and employee in the Philippines. It can be used for different types of employment such as probationary employment, regular employment, project employment, seasonal employment, fixed-term employment or casual employment.
This Agreement sets out all the terms in the agreement such as the job duties, salary and benefits, work hours, confidentiality and other key terms specific for each type of employment such as:
This Employment Agreement is not suitable for Filipino employees who will be employed as overseas Filipino workers. Instead, the POEA Standard Employment Contract for Various Skills should be used.
This document also includes an Acknowledgement portion if the parties would want to notarize the document. Notarization of the document converts the document from a private document to a public document so that it becomes admissible in court without need of further proof of its authenticity.
How to use this Document
The user should enter the information required in the document.
Once the document is completed, the user should print at least four (4) copies of the document and attach all the Annexes described in the document. The employer and the employee, or their authorized representatives, should read then sign all the copies of the document. If either of the parties is under 18 years of age, their legal guardian must also read and sign the document.
Once signed, the employer and the employee should each keep at least one (1) copy of the document.
To notarize the document, the parties must go a notary public to acknowledge that they have signed the Employment Agreement freely and voluntarily. They should also present a valid I.D. issued by an official agency bearing their photograph and signature such as a driver's licence or a passport, among others. If either of the parties is under 18 years of age, their legal guardian must also accompany them to the notary public, The notary public will usually require one original copy of the document to be left with the notary public.
Once notarized, the employer and the employee should each keep at least one (1) copy of the notarized document.
The Labor Code of the Philippines is the law that governs employment in the Philippines. The Department of Labor and Employment also issues Department Orders to implement the laws found on the Labor Code and sets the daily minimum wage rates.
The general rules on contract and obligations found in the Civil Code of the Philippines also apply.
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