In the post-pandemic era, hybrid and remote work have become the “new normal” for Filipino professionals. According to recent 2024 surveys, over half of the Filipino workforce now operates on hybrid schedules. This flexibility has opened the door for contractual arrangements that allow businesses to scale up for specific projects without the long-term overhead of a permanent staff.
But there is a catch. In the Philippines, the law doesn’t recognize “at-will” employment. You can’t just end a relationship because the “vibe” isn’t right. Understanding the legal framework is your first line of defense against costly litigation.
In this article, we will explore the legal rights of contractual employees in the Philippines and how you can hire them in compliance with local laws.
What is the Legal Framework for Contractual Employees in the Philippines?
Under the Department of Labor and Employment (DOLE) Department Order No. 174-17 (DO 174-17), a contractor is a person or entity that provides specific services or undertakes jobs outsourced by a principal company under a service agreement. Unlike regular employees, a contractor is seen as a consultant or a freelancer who is liable for their own projects.
Independent contractors are usually solo workers or small operators who bring their own skills and tools for one-off expert jobs. Some examples include a freelance designer fixing a website, or a digital marketer who runs SEO and social media campaigns.
With the popularity of remote work in the Philippines, the government has enacted the Telecommuting Act in 2019. It requires that the terms of remote work be mutually agreed upon. You are also expected to provide the tools necessary for work (laptops, software). If the employee uses their own, it is best practice to provide a “Work-from-Home” stipend to cover electricity and internet, which can be structured as a de minimis benefit for tax efficiency.
In the Philippines, “Contractual” does not mean “at-will.” If you sign a person to a 6-month project, you are legally bound to that person for 6 months. If you fire them early without Just or Authorized Cause, you may be liable for their remaining salary for the rest of the contract period.
Types of Contractual Hires in the Philippines
There are many types of contractual hires in the Philippines. Each type primarily differs in duration whether it is based on the total length of the project or simply hired short term to meet client or customer demands.
Here is how the law breaks down the different types of contractual hires:
- Project-Based Employees: These are individuals hired for a specific undertaking. The key here is that the “end date” is determined by the completion of the task, not necessarily a specific day on the calendar. For example, a software developer is hired specifically to build a new mobile app. Once the app is launched and stabilized, the project is over.
- Fixed-Term Employees: Unlike project-based hires, these contracts are tied to a specific duration (e.g., “This contract is valid for exactly 12 months”). For this to be legal, the employer and employee must enter the agreement voluntarily, and the term must be clearly specified at the start.
- Seasonal Employees: Common in agriculture and retail, these employees are hired for work that only exists during certain times of the year. For example, some employers may hire extra hands during the “-ber” months (September to December) to handle the Christmas rush.
- Casual Employees: a “catch-all” for work that is incidental to your main business. However, be careful: if a casual employee works for you for at least one year (even if the work is broken up), they automatically become a Regular Employee by operation of law.
Employment Contracts for Independent Contractors
Employment contracts for independent contractors in the Philippines are governed by the Civil Code and DOLE regulations. These agreements emphasize contractor autonomy to avoid misclassification as labor-only contracting, which can trigger a DOLE audit.
Contractor agreements must include essential clauses to ensure validity and clarity:
- Scope of Work: Detailed description of services, deliverables, timelines, and deadlines.
- Payment Terms: Structure (e.g., fixed, hourly, milestones), amounts, schedule, and tax handling like VAT or withholding.
- Confidentiality and IP: Protections for business information and ownership of work products by the client.
- Term and Termination: Duration, ending conditions, notice periods, and no automatic re-employment rights.
- Other Provisions: Liability, insurance, non-compete (if applicable), dispute resolution, and governing law (Philippines).
Clear contractor contracts prevent misclassification of employees to avoid liabilities such as back payments for benefits or wrongful dismissal. It proves the legitimacy of your engagement with your contractors, especially for specialized skills that’s not core to your business operations.
The “Four-Fold Test” to Determine a True Contractor
Many foreign businesses hire “Independent Contractors” and assume they are exempt from labor laws. But the Philippine Supreme Court says that labels do not define employment status.
If your “contractor” takes a dispute to court, the judge will ignore the title on the contract and apply the Four-Fold Test:
- Selection and Engagement: Did you vet and hire them?
- Payment of Wages: Are you paying them a regular salary?
- Power of Dismissal: Can you fire them for poor performance?
- The Control Test (The Deal Breaker): This is the most important factor. Do you control how they do the work? If you dictate their shift hours, require them to use your specific software, and provide a supervisor who oversees their daily tasks, they are likely employees, not contractors.
If you want someone to be a true independent contractor, focus on the results, not the process. Let them use their own tools and set their own hours.
Mandatory Rights and Benefits of Contractual Employees in the Philippines
One of the biggest myths in Philippine HR is that contractuals don’t get benefits. This is false. In fact, denying statutory benefits to a contractual worker is the fastest way to trigger a DOLE audit.
- 13th Month Pay: This is a legal requirement under P.D. No. 851, not a “bonus.” Even if a worker was only with you for two months, they are entitled to 1/12 of their total basic salary earned during the year.
- Statutory Contributions (SSS, PhilHealth, Pag-IBIG): A common misconception is that “contractual” workers are responsible for their own contributions. In the Philippines, the responsibility depends on the legal classification:
- For Project-Based and Fixed-Term Employees: You are legally required to deduct and remit these contributions from the very first month. The employer must shoulder the employer’s share and withhold the employee’s share. Failure to do so can lead to criminal liability for the company officers.
- For Independent Contractors: They are considered self-employed. In this specific case, they are responsible for their own voluntary contributions.
- Minimum Wage and Overtime: You must adhere to regional minimum wage rates set by the Regional Tripartite Wages and Productivity Boards (RTWPB). If your project-based employee works more than 8 hours a day, they must be paid overtime (at least 25% additional on their hourly rate).
- Service Incentive Leave (SIL): If an employee reaches one year of service (even short-term contracts) they are entitled to 5 days of paid leave. Note that this can be commuted to cash if unused at the end of the year.
Due Process and Termination Safeguards for Contractual Employees
A critical area often highlighted by legal experts is the Twin-Notice Rule. Even for contractual employees, you cannot simply say “you’re fired” if you want to let them go before their contract expires for a cause.
To legally terminate a contractual employee for Just Cause (misconduct, etc.), you must follow this procedure:
- Notice to Explain (NTE): A written notice specifying the grounds for termination and giving the employee at least five (5) calendar days to respond.
- Administrative Hearing: An opportunity for the employee to present their side, often with the assistance of a representative.
- Notice of Decision: A second written notice stating that, after considering all evidence, the grounds for termination have been established.
Failing to follow this “procedural due process” can lead to the employer being liable for nominal damages, even if the “Just Cause” for firing was valid.
How to Hire Contractual/Project Based Employees in the Philippines
In the Philippines, hiring project based employees has become a common practice for many local and international companies. This approach offers flexibility and can be advantageous for both employers and workers. However, the process of hiring project based employees requires careful consideration and adherence to legal guidelines.
Here are some of the ways to hire contractual employees in the Philippines with their advantages and disadvantages:
1. Direct Hiring
One of the most common approaches to hiring project based employees is direct hiring. This method gives employers full control over the hiring process, from sourcing candidates to finalizing employment contracts. With that being said, it also requires a lot of time and effort throughout the process.
Employers need to source candidates using referrals, job portals, and whatnot. Once you have a decent number of applications, you have to go through several rounds of interviews to find the candidates who are a good fit for your organization.
2. Recruitment Agencies
Engaging a recruitment agency is another common method for hiring project based employees in the Philippines. These agencies handle the initial stages of recruitment, including advertising positions, screening applications, and conducting preliminary interviews.
While this can save time and provide access to a larger talent pool, it comes with significant costs. Moreover, you might need to have a local entity in the Philippines for payment of employment-related taxes and offering employment benefits.
3. Employer of Record (EOR) Services in the Philippines
For companies looking to hire project based employees without establishing a local entity, using an Employer of Record (EOR) service in the Philippines such as RecruitGo is advisable.
An EOR acts as the legal employer for tax purposes and handles all aspects of employment, including hiring, payroll, and compliance with local labor laws. In other words, the employer selects the employee while the EOR ensures employee benefits, payroll processing, and legal compliance.
When using RecruitGo’s EOR service, our hiring experts source potential candidates for you based on your provided job description. Then, you select the employee you wish to hire and RecruitGo handles the legal employment of that individual. RecruitGo manages payroll, tax withholdings, and benefits administration, while the client company maintains control over the employee’s day-to-day work activities.
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Frequently Asked Questions About Contractors in the Philippines
Additional questions and information about hiring Filipino contractors.
Yes, but it is not as simple as an “at-will” termination. You can only end the contract early for Just Cause (e.g., serious misconduct, fraud, or gross neglect) or Authorized Cause (e.g., redundancy or retrenchment). Furthermore, you must strictly adhere to the “Twin-Notice Rule” to avoid procedural lapses. If you terminate early without valid legal grounds, the consequences are significant: you may be liable to pay the employee the full salary they would have earned for the entire remaining duration of the contract, plus potential damages and legal fees.
Under the Social Security Act and the Labor Code, an employer-employee relationship exists from the moment the worker begins rendering service, regardless of whether the engagement is intended to last for three years or three months. This means the employer is legally mandated to register the worker and remit contributions for SSS, PhilHealth, and Pag-IBIG starting from the very first day. Failing to do so is considered a criminal offense and could lead to heavy penalties or even imprisonment for company officers.
Legally and for tax purposes, yes. Both terms describe “self-employed” individuals who offer services to various clients without being integrated into a client’s formal payroll as an employee. The defining factor is always the “Control Test.” If the company does not dictate the “how, when, and where” of the work, the individual is a contractor/freelancer.
Yes, and often it happens automatically by operation of law. If a project-based employee is kept on after the specific project is completed, or if a fixed-term contract is renewed multiple times for tasks that are “necessary and desirable” to the employer’s usual business, the law views them as a regular employee. This transition grants them full security of tenure, meaning they can no longer be terminated simply because their contract “expired.”
