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Employer Arbitration Agreement for Philippines

Employer Arbitration Agreement Template for Philippines

This document is a comprehensive Employer Arbitration Agreement designed for use in the Philippines, incorporating requirements under Philippine labor law, the Alternative Dispute Resolution Act of 2004, and relevant DOLE regulations. It establishes a binding framework for resolving employment-related disputes through arbitration rather than court litigation, while ensuring compliance with Philippine constitutional protections for workers' rights. The agreement outlines the arbitration process, cost allocation, arbitrator selection procedures, and scope of covered disputes, providing a balanced approach to dispute resolution that protects both employer and employee interests.

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Employer Arbitration Agreement

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What is a Employer Arbitration Agreement?

The Employer Arbitration Agreement is a crucial document used to establish alternative dispute resolution procedures between employers and employees in the Philippines. This agreement becomes relevant when organizations wish to implement efficient, cost-effective methods for resolving workplace disputes outside the traditional court system. The document must comply with Republic Act No. 9285 (Alternative Dispute Resolution Act of 2004), the Labor Code of the Philippines, and other relevant employment laws. It typically includes detailed provisions on arbitration procedures, scope of covered disputes, arbitrator selection, and cost allocation. The agreement serves as a protective measure for both parties by providing a structured, legally compliant framework for addressing employment-related conflicts while maintaining confidentiality and promoting faster resolution compared to litigation.

What sections should be included in a Employer Arbitration Agreement?

1. Parties: Identification of the employer and employee, including their complete legal names and addresses

2. Background: Context of the agreement, including the employment relationship and purpose of the arbitration agreement

3. Definitions: Definitions of key terms used throughout the agreement, including 'Arbitration', 'Dispute', 'Claim', etc.

4. Scope of Agreement: Description of disputes covered by and excluded from the arbitration agreement

5. Agreement to Arbitrate: Mutual agreement to resolve covered disputes through binding arbitration

6. Arbitration Procedures: Detailed procedures for initiating and conducting arbitration, including reference to applicable rules

7. Selection of Arbitrator: Process for selecting the arbitrator(s) and required qualifications

8. Costs and Fees: Allocation of arbitration costs and fees between parties

9. Confidentiality: Provisions regarding confidentiality of the arbitration proceedings

10. Governing Law: Specification of Philippine law as governing law and incorporation of relevant statutes

11. Severability: Provision ensuring survival of agreement if any part is found invalid

12. Execution: Signature blocks and date of agreement

What sections are optional to include in a Employer Arbitration Agreement?

1. Class Action Waiver: Waiver of right to participate in class actions, if permitted under Philippine law

2. Discovery Procedures: Specific procedures for information exchange during arbitration

3. Venue and Location: Specific location requirements for arbitration proceedings

4. Language of Proceedings: Specification of language for arbitration if workplace uses multiple languages

5. Emergency Relief: Procedures for seeking emergency relief or interim measures

6. Amendment Procedures: Process for modifying the arbitration agreement

7. Notice Requirements: Detailed procedures for serving notices related to arbitration

What schedules should be included in a Employer Arbitration Agreement?

1. Schedule A - Arbitration Rules: Detailed rules and procedures governing the arbitration process

2. Schedule B - Fee Schedule: Detailed breakdown of arbitration fees and costs

3. Schedule C - Arbitrator Qualifications: Specific requirements and qualifications for arbitrators

4. Appendix 1 - Request for Arbitration Form: Standard form for initiating arbitration proceedings

5. Appendix 2 - Arbitrator Selection Form: Form for proposing and selecting arbitrators

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Document Type

Employment Contract

Cost

Free to use
Relevant legal definitions



































Clauses


























Relevant Industries

Manufacturing

Financial Services

Information Technology

Retail

Healthcare

Professional Services

Construction

Education

Telecommunications

Business Process Outsourcing

Hospitality

Mining

Agriculture

Transportation

Real Estate

Relevant Teams

Human Resources

Legal

Compliance

Executive Leadership

Operations

Administration

Risk Management

Employee Relations

Talent Management

Corporate Governance

Relevant Roles

Chief Executive Officer

Human Resources Director

Legal Counsel

HR Manager

Compliance Officer

Department Manager

Operations Manager

Employee Relations Manager

Risk Manager

General Manager

Chief Operating Officer

HR Business Partner

Administrative Manager

Talent Acquisition Manager

Legal Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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