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Independent Contractor Work For Hire Agreement for Philippines

Independent Contractor Work For Hire Agreement Template for Philippines

A comprehensive legal agreement governed by Philippine law that establishes and regulates the relationship between a company/client and an independent contractor. This document clearly defines the work-for-hire arrangement, ensuring all intellectual property created during the engagement belongs to the client while maintaining the contractor's independent status. It includes essential provisions for scope of work, compensation, intellectual property rights, confidentiality, and termination terms, all structured to comply with Philippine Civil Code, Labor Code, and relevant intellectual property legislation.

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What is a Independent Contractor Work For Hire Agreement?

The Independent Contractor Work For Hire Agreement is essential for businesses in the Philippines engaging external professionals for specific projects or services while ensuring clear ownership of deliverables. This document is particularly crucial in the Philippine context, where proper classification of independent contractors versus employees is strictly scrutinized by authorities. It addresses key requirements under Philippine law, including the Civil Code, Labor Code, and Intellectual Property Code, while establishing clear terms for service delivery, payment, and ownership of work product. The agreement is designed to protect both parties' interests by clearly defining the scope of work, compensation terms, intellectual property rights, and confidentiality obligations, while explicitly maintaining the contractor's independence from the client's regular workforce.

What sections should be included in a Independent Contractor Work For Hire Agreement?

1. Parties: Identifies and provides full details of the contracting parties - the company/client and the independent contractor

2. Background: Outlines the context of the agreement and the parties' intention to enter into an independent contractor relationship

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Scope of Services: Detailed description of the services to be provided by the contractor

5. Term and Termination: Specifies the duration of the agreement and conditions for termination by either party

6. Compensation and Payment Terms: Details the fees, payment schedule, expenses, and invoicing procedures

7. Independent Contractor Status: Explicitly establishes the nature of the relationship and disclaims any employer-employee relationship

8. Intellectual Property Rights: Assigns all work product to the client and handles pre-existing IP

9. Confidentiality: Protects proprietary information and trade secrets shared during the engagement

10. Warranties and Representations: Contractor's assurances regarding capacity, capability, and quality of work

11. Indemnification: Outlines mutual or unilateral indemnification obligations

12. General Provisions: Standard clauses including notices, amendments, governing law, and dispute resolution

What sections are optional to include in a Independent Contractor Work For Hire Agreement?

1. Non-Compete: Restricts contractor from competing with the client's business - include only if necessary and ensure compliance with Philippine competition laws

2. Non-Solicitation: Prevents contractor from soliciting client's employees or customers - include based on business sensitivity

3. Insurance Requirements: Specifies required insurance coverage - include for high-risk services or when contractor works on-site

4. Equipment and Resources: Details any equipment or resources provided by either party - include if specific tools or resources are part of the arrangement

5. Performance Metrics: Establishes KPIs and quality standards - include for long-term or complex projects

6. Data Privacy and Protection: Additional provisions for handling personal or sensitive data - include if contractor processes personal information

7. Force Majeure: Addresses unforeseen circumstances preventing performance - include based on project risks and duration

What schedules should be included in a Independent Contractor Work For Hire Agreement?

1. Schedule A - Scope of Work: Detailed breakdown of services, deliverables, timelines, and milestones

2. Schedule B - Fee Schedule: Comprehensive breakdown of fees, rates, payment terms, and expenses

3. Schedule C - Service Levels: Specific performance standards, response times, and quality metrics

4. Appendix 1 - Confidential Information: Lists specific confidential information and any special handling requirements

5. Appendix 2 - Approved Subcontractors: List of pre-approved subcontractors if applicable

6. Appendix 3 - Project Timeline: Detailed project schedule with key dates and deliverables

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







































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Relevant Industries

Technology

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Professional Services

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Relevant Teams

Legal

Human Resources

Procurement

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Finance

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Project Management Office

Business Development

Research and Development

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Relevant Roles

CEO

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HR Director

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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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