Non Employee Contract

Non Employee Contract Template for Philippines

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Key Requirements PROMPT example:

"Need a Non Employee Contract for a software development consultant based in Manila who will work on our fintech project starting March 2025, must include strict data protection clauses and comply with Philippine banking regulations."

Document background

This Non Employee Contract template is designed for use in the Philippines when engaging independent contractors, consultants, or freelance professionals in a business capacity distinct from employment. The document complies with Philippine Civil Code requirements and relevant labor regulations, including DOLE Department Order No. 174-17 guidelines on contracting arrangements. It's particularly suitable for businesses seeking to formalize relationships with external service providers while maintaining clear documentation of the independent contractor status. The agreement includes provisions for tax compliance, social security obligations, and other regulatory requirements specific to the Philippine jurisdiction, making it essential for both local and international businesses operating in the Philippines.

Suggested Sections

1. Parties: Identifies the contracting parties, including full legal names, addresses, and tax identification numbers

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

3. Definitions: Defines key terms used throughout the agreement

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

5. Term and Termination: Duration of the agreement and conditions for termination

6. Compensation and Payment Terms: Fee structure, payment schedule, and invoicing requirements

7. Independent Contractor Status: Clear statement of independent contractor relationship and distinction from employment

8. Contractor's Obligations: Key responsibilities, quality standards, and delivery requirements

9. Client's Obligations: Client's responsibilities to enable contractor to perform services

10. Intellectual Property Rights: Ownership and rights to work product created during the engagement

11. Confidentiality: Protection of confidential information and trade secrets

12. Representations and Warranties: Statements of fact and promises made by both parties

13. Limitation of Liability: Limits on parties' liability and exclusions

14. General Provisions: Standard contract clauses including governing law, notices, and amendment procedures

Optional Sections

1. Non-Compete: Restrictions on competing activities - include when contractor will have access to sensitive competitive information

2. Data Protection: Compliance with Data Privacy Act - include when personal data processing is involved

3. Insurance: Insurance requirements - include for high-risk services or when contractor needs specific coverage

4. Force Majeure: Provisions for unforeseeable circumstances - important for long-term or critical service contracts

5. Dispute Resolution: Specific procedures for resolving disputes - include for high-value or complex services

6. Equipment and Resources: Provisions regarding tools and resources - include when specific equipment or facilities are required

7. Subcontracting: Rules about engaging subcontractors - include when subcontracting might be needed

8. Performance Metrics: Specific KPIs and performance standards - include for measurable service deliverables

Suggested Schedules

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

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

3. Schedule C - Service Levels: Specific performance standards and metrics

4. Schedule D - Data Processing Requirements: Details of data handling procedures and compliance requirements

5. Appendix 1 - Contact Information: Key contact persons and their details for both parties

6. Appendix 2 - Required Documentation: List of certificates, permits, or other documents required from the contractor

7. Appendix 3 - Reporting Templates: Standard formats for progress reports and documentation

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Information Technology

Professional Services

Creative Industries

Construction

Education

Healthcare

Management Consulting

Digital Marketing

Financial Services

Engineering

Real Estate

Media and Entertainment

Relevant Teams

Legal

Human Resources

Procurement

Finance

Operations

Compliance

Project Management Office

Business Development

Administration

Risk Management

Relevant Roles

Procurement Manager

Legal Counsel

HR Director

Project Manager

Operations Manager

Finance Manager

Compliance Officer

Business Development Manager

Department Head

Contract Administrator

Chief Financial Officer

General Counsel

Managing Director

Chief Operating Officer

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