Filipino Executive Assistant Contract: 10 Clauses to Include

 

Picture Rachel, an agency owner in San Diego. She hired a Filipino executive assistant with a handshake over Zoom and a friendly email. Six months later, the assistant built client templates that Rachel’s team used every day. Then the assistant left for a new job and asked who owned the templates. Rachel didn’t know. Neither did her lawyer.

A one-page contract would have settled it on day one. Samuel Goldwyn is often quoted as saying, “A verbal contract isn’t worth the paper it’s written on.” This article covers the 10 clauses every contract with a Filipino executive assistant needs.

Why Do You Need a Written Contract With a Filipino Executive Assistant?

A contract sets the scope, pay, ownership, and exit terms before any problem starts. It protects both of you. Your assistant knows exactly what you expect and when they’ll get paid. You know you own the work and your data stays private.

Most US and UK clients hire Filipino assistants as independent contractors. The contract is the main document that describes that relationship.

How Do You Keep a Contractor From Being Treated as an Employee?

Write the contract and run the relationship like a contractor arrangement. Philippine courts use the four-fold test to decide whether someone is an employee. The test looks at who selects and engages the worker, who pays wages, who can dismiss the worker, and who controls how the work gets done (Chambers and Partners).

The control test carries the most weight. A contractor agrees to deliver results. An employee follows orders on how, when, and where to work. If you set rigid hours, require screen monitoring, and manage every step, the relationship starts to look like employment. The legal section of our complete guide to hiring and working with an executive assistant in the Philippines explains each hiring model, including what changes if your assistant becomes an employee.

This article gives general information. Have a lawyer review your contract before you use it.

What 10 Clauses Should the Contract Include?

1. Parties and relationship

Name both parties and state that the assistant works as an independent contractor. Say that the assistant handles their own taxes and government contributions in the Philippines.

2. Scope of services

List the core services, such as calendar management, inbox triage, meeting prep, and travel booking. Add a line that lets you both agree on new tasks in writing.

3. Working hours and availability

Set an overlap window and response times, such as “available 9 a.m. to 1 p.m. US Eastern, with replies to Slack within 1 hour during that window.” Leave room for the assistant to plan the rest of their time.

4. Fees and payment

State the monthly fee, the currency, the payment date, and the payment method, such as Wise or PayPal. Say who covers transfer fees. Many clients pay in US dollars on the 15th and the last day of the month.

5. Equipment and expenses

Say who provides the laptop, software licenses, and backup internet. If you give an equipment or internet allowance, state the amount.

6. Confidentiality

Require the assistant to keep your business, client, and personal information private during and after the engagement. Name examples: client lists, financial data, passwords, and email content.

7. Data protection

Set rules for handling data: company files stay in company systems, the assistant uses your password manager, and they report any breach within 24 hours. The Philippines’ Data Privacy Act of 2012 (Republic Act No. 10173) also protects personal information handled in the country (National Privacy Commission). Our guide to vetting, NDAs, and data security covers the security setup.

8. Intellectual property

State that everything the assistant creates for you, such as templates, documents, and processes, belongs to you once you pay for it. This clause would have saved Rachel her templates.

9. Term and termination

Set the start date and a notice period for both sides. Fourteen to thirty days works for most clients. List the reasons either side can end the contract right away, such as a data breach or non-payment.

10. Return of property and access

On the last day, the assistant returns or deletes your files, and you remove their access to every account. Name who does what, so nothing stays open.

What About Year-End Bonuses and Holidays?

Philippine law requires 13th-month pay for employees. The rule doesn’t cover contractors. Many clients still pay a year-end bonus because it’s customary and it builds loyalty. If you plan to pay one, put the amount and timing in the contract so your assistant can count on it.

Do the same for Philippine holidays. State which holidays the assistant can take off with pay, or agree on a set number of paid days off each year.

What Paperwork Do US Clients Need?

US businesses usually collect IRS Form W-8BEN from a foreign contractor. The form confirms the contractor is not a US taxpayer (IRS). Keep it on file with the contract. Ask your accountant how to record the payments.

A Quick Contract Checklist

Before you and your assistant sign, check that the contract covers:

  • Contractor status and tax responsibility

  • Scope, with a way to add tasks

  • Overlap hours and response times

  • Fee, currency, payment dates, and transfer fees

  • Equipment and allowances

  • Confidentiality that continues after the contract ends

  • Data rules and breach reporting

  • Your ownership of all work product

  • Notice period and immediate-termination reasons

  • Return of files and removal of access

Rachel now uses a two-page contract with every hire. Her newest assistant signed it on day one, nd asked only one question: “Is the year-end bonus in there?” It was.

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