A contract drafted for another country rarely survives contact with the Philippine Labor Code. Clauses that are routine elsewhere — at-will termination, broad waivers, indefinite probation — are simply unenforceable here. Chamberlain drafts employment contracts that hold up locally, so foreign employers start each hire on firm legal ground, at a fixed fee.
What a Compliant Contract Must Establish
A well-drafted Philippine employment contract does more than name a salary. It should clearly fix:
- The employment type — regular, probationary, project-based, seasonal or fixed-term — because the type dictates each party’s rights
- For probationary hires, the reasonable standards for regularization, communicated at the start of engagement; if they are not, the employee may be deemed regular
- Compensation consistent with the applicable regional minimum wage, plus the schedule of statutory benefits
- Working hours, rest days and overtime terms aligned with the Labor Code
- Grounds and procedure for termination, mirroring the just and authorized causes the law allows
Where Foreign Employers Get It Wrong
The most common error is treating probation as open-ended. Probationary employment is capped at six months; absent a valid extension, the employee becomes regular by operation of law. The second error is assuming a contract can override security of tenure — it cannot. No clause makes a regular employee dismissible at will.
Contracts also need to anchor your statutory obligations. Correct enrolment and remittance to SSS, PhilHealth and Pag-IBIG should be reflected in how you administer the agreement, which is why we keep contract drafting aligned with your payroll set-up. For roles filled by expatriates, the contract works hand-in-hand with the Alien Employment Permit.
Chamberlain prepares each agreement against the current rules and prices the work up front — no surprises. Book a consultation, review our transparent pricing, or email hello@chamberlain.ph. See the full HR & labor hub for related services.
Frequently asked questions
Are written employment contracts required in the Philippines?
While some employment can exist without a formal contract, a clear written agreement is strongly advised — it fixes the employment type, role, pay and probationary standards, and protects both parties under the Labor Code.
Can a contract make a Philippine employee 'at will'?
No. Philippine law guarantees security of tenure, so a contract cannot waive it. A regular employee may only be dismissed for a just or authorized cause with due process, regardless of contract wording.