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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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
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