The Joint Employment Agreement is designed for situations where an employee provides services to multiple employer entities in the Philippines, requiring a clear framework for shared employment responsibilities. This document is particularly relevant for corporate groups, affiliated companies, or collaborative business arrangements where employee services are shared across entities. The agreement ensures compliance with Philippine labor laws while clearly defining how multiple employers will share control over the employee's work, manage compensation and benefits, handle statutory obligations, and coordinate on matters such as performance evaluation and disciplinary actions. It's essential for protecting all parties' interests by clearly documenting the terms of the joint employment relationship, including specific responsibilities of each employer and the employee's rights and obligations under Philippine law.
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1. Parties: Identification of all parties: Primary Employer, Secondary Employer(s), and Employee
2. Background: Context of the joint employment arrangement and purpose of the agreement
3. Definitions: Key terms used throughout the agreement including 'Joint Employment', 'Primary Employer', 'Secondary Employer', etc.
4. Term of Employment: Duration of employment, including start date and whether fixed-term or indefinite
5. Roles and Responsibilities: Detailed description of the employee's position, duties, and reporting relationships with each employer
6. Division of Employer Responsibilities: Specific allocation of employer obligations between the joint employers
7. Compensation and Benefits: Salary, wages, and benefits structure, including which employer is responsible for what portion
8. Working Hours and Location: Schedule of work, primary workplace, and allocation of time between employers
9. Statutory Benefits: SSS, PhilHealth, Pag-IBIG, and other mandatory benefits as required by Philippine law
10. Leave Entitlements: Vacation, sick leave, and other leave benefits, including how they are allocated and approved
11. Performance Management: Process for performance review and evaluation by both/all employers
12. Confidentiality and Intellectual Property: Protection of confidential information and ownership of work product
13. Termination: Grounds and procedures for termination, including how joint employers must agree
14. Governing Law: Specification of Philippine law as governing law and relevant jurisdictions
15. Dispute Resolution: Process for resolving disputes between employers and/or with the employee
1. Mobility Clause: Used when the employee may need to work at different locations or be transferred between employers
2. Non-Competition: Include when protecting business interests from competition is necessary
3. Training and Development: Include when specific training requirements exist and how costs are shared between employers
4. Commission Structure: Include for sales or performance-based roles with commission earnings
5. Overseas Assignment: Include if the role involves international work or travel
6. Vehicle Allowance: Include if a vehicle or transport allowance is provided and which employer is responsible
7. Housing Provision: Include if accommodation is provided as part of the employment package
8. Insurance Coverage: Include when additional insurance beyond statutory requirements is provided
1. Schedule A - Job Description: Detailed description of roles and responsibilities for each employer
2. Schedule B - Compensation Structure: Breakdown of salary, benefits, and which employer is responsible for each component
3. Schedule C - Work Schedule: Detailed allocation of time between employers and work locations
4. Schedule D - Benefits Package: Comprehensive list of benefits and their allocation between employers
5. Schedule E - Performance Metrics: Specific KPIs and performance evaluation criteria for each employer
6. Appendix 1 - Company Policies: Relevant policies from each employer that apply to the employee
7. Appendix 2 - Statutory Benefits: Details of mandatory benefits and contributions under Philippine law
8. Appendix 3 - Emergency Contacts: List of key contacts at each employer for various situations
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