The Employee Retainer Agreement serves as a formal contract establishing a retained employment relationship under Philippine jurisdiction. This document is particularly useful for professional roles where regular, ongoing services are required but with more flexibility than traditional employment arrangements. The agreement comprehensively covers essential elements required by Philippine labor law, including statutory benefits, working conditions, and employee protections. It's designed to protect both employer and employee interests while ensuring compliance with the Labor Code of the Philippines and related employment legislation. The document is typically used when companies need to secure consistent access to an employee's services while offering more structured terms than casual employment but with potentially more flexibility than full-time arrangements.
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Key Requirements PROMPT example:
Employee Retainer Agreement
"I need an Employee Retainer Agreement for a senior IT consultant in Manila, Philippines, who will work remotely three days per week starting March 2025, with specific provisions for data protection and intellectual property rights."
1. Parties: Identification of the employer and employee, including complete legal names and addresses
2. Background: Context of the retainer arrangement and brief description of the employer's business and the role
3. Definitions: Key terms used throughout the agreement
4. Appointment and Term: Terms of engagement, position title, and duration of the retainer arrangement
5. Scope of Services: Detailed description of the employee's duties, responsibilities, and expected deliverables
6. Work Schedule and Location: Agreed working hours, days, and place of work
7. Compensation and Benefits: Retainer fee structure, payment terms, and statutory benefits
8. Expenses and Reimbursement: Policy on business-related expenses and reimbursement procedures
9. Obligations of the Employee: Employee's commitments, including confidentiality, non-competition, and professional standards
10. Obligations of the Employer: Employer's commitments regarding working conditions, tools, and support
11. Termination: Grounds for termination, notice periods, and procedures
12. Governing Law: Specification of Philippine law as governing law and jurisdiction
13. General Provisions: Standard clauses including severability, entire agreement, and amendments
1. Intellectual Property Rights: Include when the role involves creation of intellectual property or handling of proprietary information
2. Non-Solicitation: Add when protecting client relationships or preventing employee poaching is crucial
3. Remote Work Provisions: Include when the role involves work-from-home or hybrid arrangements
4. Performance Metrics: Add when specific KPIs or performance standards need to be documented
5. Training and Development: Include when the role includes specific training requirements or professional development provisions
6. Conflict Resolution: Add when specific dispute resolution procedures beyond standard legal remedies are desired
7. Insurance Coverage: Include when additional insurance beyond statutory requirements is provided
8. Stock Options or Equity: Add when the compensation package includes equity components
1. Schedule A - Job Description: Detailed breakdown of role responsibilities, reporting lines, and performance expectations
2. Schedule B - Compensation Structure: Detailed breakdown of salary, allowances, and other financial benefits
3. Schedule C - Benefits Package: Comprehensive list of statutory and additional benefits provided
4. Schedule D - Company Policies: Key company policies that form part of the employment terms
5. Appendix 1 - Confidentiality Agreement: Detailed confidentiality obligations and procedures
6. Appendix 2 - Code of Conduct: Company's code of conduct and professional standards
7. Appendix 3 - Performance Evaluation Framework: Details of performance assessment criteria and process
Authors
Relevant legal definitions
Clauses
Relevant Industries
Professional Services
Legal Services
Information Technology
Management Consulting
Financial Services
Healthcare
Engineering
Creative Industries
Education and Training
Real Estate
Architecture
Business Process Outsourcing
Digital Marketing
Media and Entertainment
Relevant Teams
Human Resources
Legal
Finance
Operations
Information Technology
Project Management Office
Research and Development
Creative Services
Business Development
Training and Development
Compliance
Administrative Services
Relevant Roles
Consultant
Legal Advisor
Technical Specialist
Project Manager
Business Analyst
Software Developer
Financial Advisor
Healthcare Professional
Research Specialist
Creative Director
Training Specialist
Account Manager
Marketing Strategist
Engineering Consultant
HR Advisor
Operations Specialist
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