Employee Liability Waiver - Philippines

Employee Liability Waiver for Philippines

Employee Liability Waiver Template for Philippines

This Employee Liability Waiver is a legal document governed by Philippine law that establishes a formal agreement between an employer and employee regarding the waiver of specific liability claims. The document carefully balances the employer's need to limit liability with the employee's statutory rights under Philippine labor law, particularly the Labor Code and relevant DOLE regulations. It includes detailed provisions on the scope of waived claims, explicit exclusions for non-waivable statutory rights, and necessary acknowledgments to ensure enforceability under Philippine jurisdiction. The document incorporates specific requirements from Philippine civil law regarding contract formation and validity of waivers.

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What is a Employee Liability Waiver?

The Employee Liability Waiver serves as a critical risk management tool for businesses operating in the Philippines, providing a framework for employees to voluntarily waive certain liability claims while ensuring compliance with Philippine labor laws and regulations. This document is particularly useful in industries or situations where employees engage in activities with inherent risks, handle valuable assets, or participate in special projects or events. The waiver must be carefully structured to respect non-waivable rights under the Philippine Labor Code and related regulations, while still providing meaningful protection for employers. It typically includes detailed sections on the scope of waived claims, explicit preservation of statutory rights, and clear acknowledgments of the voluntary nature of the agreement. The document should be used as part of a comprehensive risk management strategy, particularly when standard employment contracts need supplementation with specific liability provisions.

What sections should be included in a Employee Liability Waiver?

1. Parties: Identifies the employer and employee, including their complete legal names, addresses, and roles

2. Background: Explains the context and purpose of the waiver, including the employment relationship and reason for the waiver

3. Definitions: Defines key terms used in the waiver, including 'Claims', 'Liability', and specific activities or situations covered

4. Scope of Waiver: Clearly outlines what specific liabilities, claims, or rights are being waived, with explicit boundaries

5. Exclusions and Reservations: Specifies what rights and claims are explicitly not waived, particularly statutory rights under Philippine labor law

6. Voluntary Agreement: Statement confirming that the employee enters into the waiver voluntarily and without coercion

7. Acknowledgment of Rights: Employee's confirmation of understanding their legal rights and the implications of the waiver

8. Consideration: Details of what the employee receives in exchange for signing the waiver, if applicable

9. Governing Law: Specifies that Philippine law governs the waiver and its interpretation

10. Severability: Provides that if any provision is found invalid, the remainder of the waiver remains in effect

11. Entire Agreement: Confirms that the waiver represents the complete agreement between parties regarding the matters covered

12. Execution: Signature blocks and execution requirements

What sections are optional to include in a Employee Liability Waiver?

1. Duration: Specifies the time period for which the waiver is valid, if not permanent - include when there's a specific timeframe

2. Dispute Resolution: Outlines procedures for resolving disputes - include when specific dispute resolution mechanisms are desired

3. Revocation Period: Provides a period during which the employee can revoke the waiver - include for certain types of claims or when extra protection is needed

4. Insurance Coverage: Details about relevant insurance policies - include when insurance is relevant to the waived liability

5. Confidentiality: Prohibits parties from discussing the terms of the waiver - include when confidentiality is important

6. Return of Property: Requirements for returning company property - include when relevant to the liability being waived

7. Future Cooperation: Obligations for future cooperation in related matters - include when ongoing cooperation might be needed

What schedules should be included in a Employee Liability Waiver?

1. Schedule A - Specific Claims: Detailed list of specific claims or liabilities being waived

2. Schedule B - Excluded Claims: Comprehensive list of claims and rights explicitly excluded from the waiver

3. Appendix 1 - Related Agreements: References to related employment agreements or contracts affected by the waiver

4. Appendix 2 - Acknowledgment Form: Separate acknowledgment form confirming understanding of waiver terms

5. Appendix 3 - Legal Rights Summary: Summary of relevant legal rights under Philippine labor law

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

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Work Liability Release Form

A Philippine-compliant legal document that establishes a voluntary waiver of liability between employer and employee for specific work activities while maintaining mandatory worker protections.

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Download a Standard Employee Liability Waiver

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What is a Employee Liability Waiver?

What sections should be included in a Employee Liability Waiver?

What sections are optional to include in a Employee Liability Waiver?

What schedules should be included in a Employee Liability Waiver?

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Alex Denne

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