Flexible Work Arrangement Contract Sample Due to COVID-19 and Metro Manila Lockdown

Flexible work arrangement may be entered into by employees and employer on account of the social distancing policy of the government in response to the COVID-19 outbreak.

Per Labor Advisory 09, Series of 2020, the employers and employees are encouraged to explore other alternative work arrangements in order to cushion and mitigate the effect of the loss of income of the employees.

Below is a sample of partial Flexible Work Arrangement (FWA) that may be adopted due to the company’s decision to allow employees to work at home while at the same time keeping them compliant with their duties and responsibilities.

Likewise, the FWA becomes more relevant as the government locked down the Metro Manila for the period March 15, 2020 to April 14, 2020. Hence, it makes sense for some or most employees to work from home.

With this, it is best that companies clearly set out the terms of the flexible work and safeguards for both the employees and employer to avoid abuse in times where parties are supposed to work together to achieve the best response to the situation.

The sample is not a complete version but provides highlights on the provisions that may be adopted by the parties. Full version is available with purchase of the HR Forms 1 Soft Copy with Editable Template.

TEMPORARY FLEXIBLE WORK AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Temporary Flexible Work Agreement (Agreement) is executed by and between:

XYZ, INC., a corporation duly organized in accordance with and registered under the laws of the Philippines, and with principal office at 123 Dian Lang Satavi Tavi, Makati City represented herein by its HR Manager, JUAN CHU T. RHEE, hereinafter referred to as the “COMPANY”;

                 -and-

COVIDA D. SINUEVE, of legal age, Filipino citizen, and a resident of No. 19 Naveerush St., Nakubed, Paniki, Tarlac, hereinafter referred to as the “EMPLOYEE”.

WITNESSETH, That:

WHEREAS, this Agreement establishes the terms and conditions of the Flexible Work Arrangement on account of the COVID-19 outbreak;

WHEREAS, the EMPLOYEE volunteers to participate in the temporary program and to xxx social distancing;

WHEREAS, the COMPANY agrees with the employee’s participation provided the employee continues to observe the xxxx.

NOW, THEREFORE, for and in consideration of the foregoing, terms, conditions and stipulations herein set forth, the parties hereto have agreed to enter into this Agreement.

DURATION AND REMOTE PLACE OF WORK

1. The Employee will report for work to the alternative worksite or to his or her home effective March 15, 2020 until April 15, 2020.

2. Home office days will be xxx.

TERMS AND CONDITIONS

3. The Employee agrees to be available during the designated shift of 8:30 o’ clock in the morning to 7:00 o’ clock in the xxxx online and remote methods.
4. The employee shall utilize the convenience of the telephone, e-mails, xxxx communication or concerns that need action.
5. However, whenever required, the Employee shall physically visit and perform duties in the office once a week, or at such frequency when necessary.

DUTIES, OBLIGATIONS, AND RESPONSIBILITIES

6. The duties, obligations, responsibilities and conditions of employment shall remain unchanged.

10. The Employee shall hold the company free and harmless xxx.

11. The employee agrees to allow inspection of the home office xxx.

BUSINESS EXIGENCIES

12. The grant of this flexible work arrangement is due to xxx.

13. In the event that business exigencies would require the physical presence of the EMPLOYEE he agrees to xxxx.

14. The parties shall revert to xxx.

DATA PROTECTION

17. All equipment, materials, data or records xxx.

18. The Company may exercise right of possession, inspection, xxx.

19. The Employee agrees to allow the COMPANY

20. The Employee shall not expect xxx.

21. Thus, the COMPANY may exercise its discretion to xxxx.

RETURN OF COMPANY ASSETS

22. The Employee agrees to return the COMPANY’S assets, devices, gadgets, equipment, records, xxx.

23. The Employee understands that xx.

TEMPORARY COST ON THE COMPANY

24. The COMPANY agrees to pay for the following during the term of this agreement:

1. xxx;
2. xxx;
3. xxx;
4. The above shall not apply if the employee has already been issued xxxx.

25. However, the COMPANY shall not cover the costs for xxx.

DATA PRIVACY, CONFIDENTIALITY AND SECURITY

26. The Employee agrees to maintain the xxx;

27. The Employee shall xxx.

28. The Employee shall observe the xxx.

APPLICATION OF ALL COMPANY POLICIES

29. The Employee acknowledges that xxx.

30. Any similar voluntary agreement between the COMPANY and the Employee, such as existing Telecommuting Policy xxx.

31. Employees who are already under the Telecommuting arrangement shall xxx

32. All company policies, rules and regulations shall xxxx.

MODIFICATION AND TERMINATION OF AGREEMENT

33. The COMPANY reserves the right to modify, alter, xxx.

34. Upon expiration of the period agreed upon, this arrangement shall xxx.

35. If the Employee becomes subject of any administrative investigation xxx.

            IN WITNESS WHEREOF, the parties have hereunto affixed their respective signature this _____ day of _____________, 2020.

For XYZ:

By:

JUAN CHU T. RHEE                                                          COVIDA D. SINUEVE

HR Manager                                                                         Employee
ID: _________________                                                    ID: _______________ 

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

CITY OF ___________________  ) S.S.

BEFORE ME, a Notary Public for and in ________________ this _____ day of __________________, personally appeared the above who presented to me their competent evidence of identity, known to me to be the same persons who executed the foregoing instrument, and acknowledged to me that the same is their free and voluntary act and deed, as well as the free act and deed of the entities they represented.

WITNESS MY HAND & SEAL at the place and on the date first above-written.

Doc. No. ____;
Page No. ___;
Book No. ___;
Series of 2020.