The Employee Lease Addendum is essential for businesses operating in the Philippines that engage in employee leasing or temporary staff assignment arrangements. This document supplements the primary employment agreement when an employee is temporarily assigned to work for a host company while maintaining their original employment relationship. It is particularly relevant in situations involving project-based assignments, specialized skill requirements, or temporary staff augmentation. The addendum must comply with Philippine labor laws, including the Labor Code and Department of Labor and Employment (DOLE) regulations, particularly Department Order No. 174-17 governing contracting and subcontracting arrangements. This document is crucial for protecting the rights of all parties involved and ensuring clear delineation of responsibilities between the primary employer and the host company.
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1. Parties: Identifies the Primary Employer (Lessor), Host Company (Lessee), and the Employee(s) covered by the addendum
2. Background: Explains the context of the employee lease arrangement and references the original employment agreement
3. Definitions: Defines key terms used in the addendum including 'Lease Period', 'Services', 'Work Location', etc.
4. Term and Duration: Specifies the duration of the employee lease arrangement and any renewal provisions
5. Scope of Services: Details the specific services to be provided by the leased employee(s) to the host company
6. Working Conditions: Outlines work hours, location, and reporting relationships during the lease period
7. Compensation and Benefits: Clarifies payment arrangements and maintenance of benefits during the lease period
8. Supervision and Control: Defines the division of supervisory responsibilities between the primary employer and host company
9. Compliance with Laws: Ensures adherence to Philippine labor laws and DOLE regulations
10. Confidentiality: Protects confidential information of all parties involved
11. Termination: Specifies conditions under which the lease arrangement can be terminated
12. Governing Law: Confirms Philippine law as governing law and jurisdiction
1. Training and Development: Include when the arrangement involves specific training requirements or skill development programs
2. Performance Management: Include when there are specific performance evaluation procedures during the lease period
3. Equipment and Resources: Include when specifying provision of tools, equipment, or resources is necessary
4. Non-Competition: Include when protecting business interests requires restrictions on competition
5. Immigration Compliance: Include for international employee leasing arrangements
6. Insurance Requirements: Include when additional insurance coverage is required beyond standard employment insurance
7. Intellectual Property Rights: Include when work involves creation of intellectual property
1. Schedule A - Employee Details: List of employees covered by the lease arrangement, including their positions and qualifications
2. Schedule B - Compensation Structure: Detailed breakdown of salary, benefits, and payment arrangements
3. Schedule C - Services Description: Detailed description of services to be provided by leased employees
4. Schedule D - Working Hours and Location: Specific details about work schedule and location arrangements
5. Appendix 1 - DOLE Compliance Checklist: Checklist ensuring compliance with Department of Labor and Employment regulations
6. Appendix 2 - Health and Safety Protocols: Safety procedures and protocols specific to the work environment
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Manufacturing
Business Process Outsourcing
Construction
Healthcare
Professional Services
Engineering
Telecommunications
Hospitality
Retail
Financial Services
Education
Energy
Transportation and Logistics
Relevant Teams
Human Resources
Legal
Compliance
Operations
Project Management Office
Risk Management
Employee Relations
Talent Management
Contract Administration
Corporate Governance
Relevant Roles
Human Resources Director
Legal Counsel
HR Manager
Compliance Officer
Operations Manager
Project Manager
Contract Administrator
Employment Law Specialist
Business Unit Head
Resource Management Director
Talent Acquisition Manager
Employee Relations Manager
Risk Management Officer
Corporate Secretary
Chief Legal Officer
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