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Employment Agency Agreement for Philippines

Employment Agency Agreement Template for Philippines

This document is a comprehensive Employment Agency Agreement governed by Philippine law, specifically designed to establish and regulate the relationship between an employment agency and its client company. It incorporates requirements from the Department of Labor and Employment (DOLE) regulations, the Labor Code of the Philippines, and other relevant legislation such as the Data Privacy Act. The agreement covers essential aspects including recruitment services, fee structures, compliance requirements, and responsibilities of both parties while ensuring adherence to local employment laws and regulatory standards.

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What is a Employment Agency Agreement?

The Employment Agency Agreement is a crucial legal document used when a company in the Philippines seeks to engage a professional recruitment agency for its hiring needs. This agreement establishes the terms and conditions under which the employment agency will provide recruitment services, including candidate sourcing, screening, and placement. It must comply with Philippine legislation, particularly DOLE Department Order No. 141-14 and the Labor Code of the Philippines. The document is essential for protecting both parties' interests, ensuring regulatory compliance, and defining clear service expectations. It includes specific provisions for fee structures, placement guarantees, data protection, and dispute resolution mechanisms, while addressing unique aspects of Philippine employment law and business practices.

What sections should be included in a Employment Agency Agreement?

1. Parties: Identification of the contracting parties - the Employment Agency and the Client Company

2. Background: Context of the agreement and brief description of the parties' business activities

3. Definitions: Key terms used throughout the agreement including 'Candidates', 'Placement Services', 'Recruitment Fee', etc.

4. Scope of Services: Detailed description of recruitment and placement services provided by the agency

5. Agency Obligations: Key responsibilities and commitments of the employment agency including compliance with Philippine labor laws

6. Client Obligations: Responsibilities and commitments of the client company

7. Fees and Payment Terms: Structure of fees, payment schedules, and related financial terms

8. Compliance with Laws: Commitment to comply with Philippine employment laws, DOLE regulations, and other relevant legislation

9. Confidentiality: Protection of confidential information and trade secrets

10. Data Protection: Compliance with Data Privacy Act and handling of personal information

11. Term and Termination: Duration of agreement and conditions for termination

12. Warranties and Representations: Legal assurances from both parties

13. Limitation of Liability: Scope and limits of liability for both parties

14. General Provisions: Standard legal clauses including notices, amendments, governing law, etc.

What sections are optional to include in a Employment Agency Agreement?

1. Overseas Recruitment: Include when agency provides overseas placement services, incorporating POEA requirements

2. Replacement Guarantee: Terms for replacing candidates who leave within a specified period

3. Training Services: Include if agency provides additional training services to candidates

4. Performance Metrics: Specific KPIs and service level agreements if required by client

5. Insurance Requirements: Specific insurance obligations beyond standard coverage

6. Dispute Resolution: Detailed arbitration or mediation procedures if preferred over court proceedings

7. Non-Solicitation: Restrictions on hiring each other's employees

8. Force Majeure: Provisions for unforeseen circumstances affecting service delivery

What schedules should be included in a Employment Agency Agreement?

1. Schedule 1 - Fee Structure: Detailed breakdown of all fees, commissions, and payment terms

2. Schedule 2 - Service Specifications: Detailed description of recruitment process and methodology

3. Schedule 3 - Required Documentation: List of required documents for both candidates and clients

4. Schedule 4 - Compliance Checklist: Checklist of regulatory requirements and necessary certifications

5. Appendix A - Standard Forms: Templates for job orders, candidate submissions, and other standard forms

6. Appendix B - Data Processing Terms: Detailed terms for handling personal data in compliance with Privacy Act

7. Appendix C - Agency Licenses: Copies of relevant licenses and certifications

8. Appendix D - Service Level Agreement: Detailed performance metrics and service standards if applicable

Authors

Alex Denne

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

Jurisdiction

Philippines

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions






































Clauses









































Relevant Industries

Professional Services

Manufacturing

Information Technology

Healthcare

Construction

Hospitality

Retail

Education

Banking and Finance

Business Process Outsourcing

Telecommunications

Mining and Resources

Agriculture

Transportation and Logistics

Relevant Teams

Human Resources

Legal

Procurement

Compliance

Operations

Risk Management

Talent Acquisition

Contract Administration

Business Development

Executive Leadership

Relevant Roles

HR Director

Legal Counsel

Procurement Manager

Talent Acquisition Manager

HR Manager

Compliance Officer

Operations Director

Business Development Manager

Contract Administrator

Chief Human Resources Officer

Recruitment Manager

Legal Manager

Risk Manager

Chief Operating Officer

HR Business Partner

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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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