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Confidentiality Agreement Upon Termination Of Employment for Philippines

Confidentiality Agreement Upon Termination Of Employment Template for Philippines

A comprehensive legal document governed by Philippine law that establishes and enforces confidentiality obligations for employees upon the termination of their employment. This agreement ensures the protection of company trade secrets, proprietary information, and confidential data in accordance with the Philippine Data Privacy Act of 2012 and relevant provisions of the Labor Code. It outlines specific obligations regarding the handling of sensitive information, return of company property, and ongoing confidentiality duties while maintaining compliance with Philippine employment and privacy regulations.

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Confidentiality Agreement Upon Termination Of Employment

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What is a Confidentiality Agreement Upon Termination Of Employment?

The Confidentiality Agreement Upon Termination Of Employment is a vital document used when an employee's employment relationship with a company ends in the Philippines. It serves to protect the company's confidential information, trade secrets, and intellectual property after the employment relationship concludes. This agreement is particularly important in today's knowledge-based economy where employees often have access to sensitive business information, customer data, and proprietary technologies. The document must comply with Philippine legislation, including the Labor Code, Data Privacy Act of 2012, and Intellectual Property Code, while balancing the employer's right to protect confidential information with the employee's right to pursue future employment opportunities. It is typically executed as part of the employee exit process and may be referenced in future legal proceedings if confidentiality breaches occur.

What sections should be included in a Confidentiality Agreement Upon Termination Of Employment?

1. Parties: Identification of the employer and the departing employee

2. Background: Brief context of the employment relationship, its termination, and the need for this agreement

3. Definitions: Definitions of key terms including 'Confidential Information', 'Trade Secrets', 'Intellectual Property', and 'Company Materials'

4. Acknowledgment of Prior Obligations: Recognition of confidentiality obligations during employment and their continuation

5. Scope of Confidential Information: Detailed description of what constitutes confidential information covered by the agreement

6. Return of Company Property: Obligations regarding the return of all company materials, documents, and data

7. Continuing Obligations: Specific ongoing confidentiality obligations post-employment

8. Prohibited Activities: Specific actions that are prohibited regarding confidential information

9. Duration of Obligations: Time period for which the confidentiality obligations remain in effect

10. Breach and Remedies: Consequences of breaching the agreement and available legal remedies

11. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes

12. Execution: Signature blocks and execution requirements

What sections are optional to include in a Confidentiality Agreement Upon Termination Of Employment?

1. Non-Disparagement: Optional clause preventing parties from making negative statements about each other, useful in sensitive departures

2. Survival of Other Agreements: Reference to other agreements that remain in effect, used when there are existing IP or non-compete agreements

3. Data Privacy Consent: Additional section for compliance with Data Privacy Act when agreement involves personal data processing

4. Third Party Rights: Section addressing rights of company affiliates or related entities, used in complex corporate structures

5. Alternative Dispute Resolution: Optional mediation or arbitration provisions, useful for reducing potential litigation costs

6. Severability: Clause ensuring remaining provisions stay valid if some are found unenforceable, important in comprehensive agreements

What schedules should be included in a Confidentiality Agreement Upon Termination Of Employment?

1. Schedule 1 - List of Confidential Information: Detailed categorization of confidential information types covered by the agreement

2. Schedule 2 - Company Materials for Return: Checklist of physical and digital materials to be returned

3. Schedule 3 - Confirmation of Return: Form for documenting the return of company materials and properties

4. Appendix A - Data Privacy Notice: Required notice under the Data Privacy Act of 2012 if personal data is involved

5. Appendix B - Employee Exit Checklist: Checklist confirming compliance with termination procedures and return of properties

Authors

Alex Denne

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

Jurisdiction

Philippines

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions






























Clauses




























Relevant Industries

Technology

Financial Services

Healthcare

Manufacturing

Professional Services

Telecommunications

Pharmaceutical

Research and Development

Retail

Energy

Media and Entertainment

Education

Construction

Automotive

Aerospace

Relevant Teams

Human Resources

Legal

Information Technology

Research and Development

Sales

Marketing

Finance

Operations

Executive Leadership

Product Development

Customer Service

Business Development

Data Analytics

Engineering

Quality Assurance

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Senior Software Engineer

Product Manager

Research Scientist

Financial Analyst

Human Resources Director

Sales Director

Marketing Manager

Operations Manager

Project Manager

Business Development Executive

Data Scientist

Systems Administrator

Account Manager

Legal Counsel

Department Head

Regional Manager

Technical Lead

Executive Assistant

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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