The Employee Undertaking Agreement is a crucial document used in the Philippine employment context when an organization needs to establish clear, legally binding commitments from its employees. This agreement is particularly important for protecting confidential information, intellectual property, and business interests in accordance with Philippine labor laws and regulations. It should be implemented at the start of employment or when an existing employee takes on new responsibilities that require additional commitments. The document typically includes provisions on confidentiality, data protection, intellectual property rights, and post-employment obligations, all structured to comply with Philippine legislation including the Labor Code, Data Privacy Act, and Intellectual Property Code.
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1. Parties: Identification of the employer and employee, including their complete legal names and addresses
2. Background: Context of the employment relationship and purpose of the undertaking
3. Definitions: Key terms used throughout the agreement, including 'Confidential Information', 'Intellectual Property', and 'Company Property'
4. Duration of Employment: Period of employment and terms regarding notice periods
5. Duties and Responsibilities: Employee's role, reporting structure, and key responsibilities
6. Confidentiality Obligations: Employee's obligations regarding confidential information during and after employment
7. Intellectual Property Rights: Assignment and ownership of intellectual property created during employment
8. Company Property: Handling and return of company property and documents
9. Data Protection: Employee's obligations regarding data privacy and protection
10. Post-Employment Obligations: Continuing obligations after employment termination
11. General Provisions: Standard clauses including governing law, amendments, and severability
12. Execution: Signature blocks and execution formalities
1. Non-Competition: Restrictions on working with competitors, used when employee has access to sensitive competitive information
2. Non-Solicitation: Restrictions on soliciting employees or customers, relevant for client-facing roles
3. Training and Development: Obligations regarding company-provided training and potential reimbursement requirements
4. Remote Work Provisions: Specific obligations and requirements for remote working arrangements
5. Social Media Policy: Guidelines for social media use and online behavior, important for public-facing roles
6. Industry-Specific Compliance: Additional obligations specific to regulated industries (e.g., banking, healthcare)
7. International Travel: Obligations regarding international assignments or travel, if applicable
1. Schedule 1 - Job Description: Detailed description of the employee's role and responsibilities
2. Schedule 2 - Confidential Information: Specific categories of confidential information covered by the agreement
3. Schedule 3 - Company Policies: List of applicable company policies the employee must comply with
4. Appendix A - Code of Conduct: Company's code of conduct and ethical guidelines
5. Appendix B - IT Security Policy: Specific IT and data security requirements
6. Appendix C - Return of Company Property Checklist: Itemized list of company property to be returned upon employment termination
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