The Agreement To Exclude Security of Tenure is a specialized employment contract used in the Philippines when both employer and employee wish to enter into a legitimate fixed-term employment arrangement. This document is particularly relevant for project-based work, seasonal employment, or specific fixed-term positions where the temporary nature of employment is justified by business requirements and agreed upon by both parties. It must comply with the Philippine Labor Code, relevant DOLE regulations, and the precedent set by the Brent School Inc. v. Zamora case. The agreement explicitly details the fixed term of employment, acknowledges the exclusion of security of tenure, and includes specific provisions for termination upon completion of the term or project. This type of agreement is commonly used in industries such as construction, IT project development, seasonal agricultural work, and entertainment, where work is naturally time-bound or project-based.
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1. Parties: Identification of the Employer and Employee, including complete legal names and addresses
2. Background: Context of the agreement, including the nature of employment and reason for excluding security of tenure
3. Definitions: Key terms used in the agreement, including 'Security of Tenure', 'Fixed Term', and other relevant definitions
4. Term of Employment: Specific duration of employment, including start and end dates
5. Nature of Exclusion: Clear statement of the security of tenure rights being excluded and the legal basis for such exclusion
6. Employee Acknowledgment: Employee's explicit acknowledgment and understanding of waiving security of tenure rights
7. Compensation and Benefits: Details of salary, benefits, and other forms of compensation during the employment period
8. Termination Provisions: Circumstances and procedures for early termination of the agreement
9. Governing Law: Specification that the agreement is governed by Philippine law and relevant labor regulations
10. Execution: Signature blocks and execution requirements
1. Project-Specific Terms: Used when the employment is for a specific project, detailing project scope and completion criteria
2. Seasonal Employment Terms: Include when the employment is seasonal in nature, specifying the season and recurring nature if applicable
3. Training and Development: Include when specific training requirements or professional development opportunities are part of the arrangement
4. Confidentiality Obligations: Add when the employee will have access to confidential information
5. Non-Competition: Include when there are restrictions on post-employment competition
6. Intellectual Property Rights: Add when the work involves creation of intellectual property
7. Performance Metrics: Include when specific performance standards are tied to the continuation of employment
1. Schedule A - Job Description: Detailed description of role, responsibilities, and reporting structure
2. Schedule B - Compensation Structure: Detailed breakdown of salary, allowances, and other benefits
3. Schedule C - Company Policies: Relevant company policies that apply to the employment
4. Appendix 1 - Employee Acknowledgment Form: Separate form for employee to acknowledge understanding of tenure exclusion
5. Appendix 2 - DOLE Compliance Certificate: If required, certification of compliance with labor regulations
6. Appendix 3 - Project Timeline: For project-based employment, detailed timeline and milestones
Relevant legal definitions
Clauses
Relevant Industries
Construction
Information Technology
Entertainment and Media
Agriculture
Tourism and Hospitality
Manufacturing
Events Management
Education
Retail
Maritime
Business Process Outsourcing
Mining
Relevant Teams
Human Resources
Legal
Project Management Office
Operations
Recruitment
Compliance
Labor Relations
Employee Relations
Contract Administration
Risk Management
Relevant Roles
Project Manager
Seasonal Farm Worker
Construction Site Engineer
IT Project Developer
Events Coordinator
Film Production Staff
Contract Teacher
Holiday Sales Associate
Campaign Manager
Harvest Season Supervisor
Software Developer (Project-Based)
Theater Production Staff
Tourism Season Guide
Business Development Consultant
Mining Project Engineer
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