Pre Employment Affidavit Template for the Philippines
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What is a Pre Employment Affidavit?
The Pre-Employment Affidavit is a crucial document in the Philippine employment process, mandated by labor regulations to ensure transparency and legal compliance in hiring practices. This sworn statement is typically required before an employee begins their employment and must be executed before a notary public. The document contains various declarations about the prospective employee's personal background, educational qualifications, employment history, legal status, and other relevant information that may affect their employment. It serves multiple purposes: protecting the employer from misrepresentation, providing a legal basis for potential administrative actions if false declarations are made, and ensuring that the employee acknowledges their responsibilities and obligations under Philippine labor laws. The affidavit becomes part of the employee's permanent employment records and may be used as reference in future legal or administrative proceedings.
Frequently Asked Questions
Is a Pre Employment Affidavit legally binding in the Philippines?
Yes, a Pre Employment Affidavit is legally binding in the Philippines under the Labor Code (Presidential Decree No. 442). Once notarized and executed, it becomes a sworn statement that carries legal weight, and providing false information can result in criminal liability for perjury under the Revised Penal Code. Employers can also use false statements as grounds for termination.
Can my employer reject me if I don't submit a Pre Employment Affidavit?
Yes, employers in the Philippines can reject your application if you fail to submit a complete Pre Employment Affidavit when required. Under the Labor Code, employers have the right to establish reasonable pre-employment requirements to verify applicant credentials and background. Missing or incomplete affidavits may be grounds for withdrawal of job offers.
How long does it take to complete a Pre Employment Affidavit in the Philippines?
A Pre Employment Affidavit typically takes 1-2 days to complete in the Philippines. The actual document preparation takes about 30 minutes, but you'll need additional time to gather required supporting documents and have it notarized. Notarization usually takes a few hours to a day depending on the notary's availability.
Can I be prosecuted for lying on my Pre Employment Affidavit in the Philippines?
Yes, providing false information on a Pre Employment Affidavit can result in criminal prosecution for perjury under Article 183 of the Revised Penal Code. Since the document is sworn under oath before a notary public, false statements constitute a criminal offense punishable by imprisonment and fines. Employers can also terminate your employment for dishonesty.
Does a Pre Employment Affidavit violate my privacy rights under the Data Privacy Act?
No, a Pre Employment Affidavit does not violate privacy rights when properly implemented under Republic Act No. 10173 (Data Privacy Act of 2012). Employers can legally collect personal information necessary for employment purposes, provided they have legitimate interest and obtain your consent. However, they must protect your data and use it only for employment-related purposes.
Common mistakes people make when filing Pre Employment Affidavits in the Philippines?
The most common mistakes include providing incomplete employment history, failing to disclose criminal records or pending cases, submitting unnotarized documents, and using outdated personal information. Many applicants also forget to attach required supporting documents like certificates or clearances, which can delay the hiring process or result in rejection.
How is a Pre Employment Affidavit different from a Background Check Authorization in the Philippines?
A Pre Employment Affidavit is a sworn statement where you declare your own background information under penalty of perjury, while a Background Check Authorization simply gives employers permission to verify your information through third parties. The affidavit creates legal liability for false statements, whereas the authorization is just consent for investigation without sworn testimony requirements.
About the Pre Employment Affidavit
When you're starting a new job in the Philippines, you'll likely encounter a Pre Employment Affidavit as part of your hiring documentation. This sworn statement is a legal requirement under Philippine labor law that ensures transparency between you and your prospective employer. The document serves as your formal declaration of key personal and professional information that could affect your employment relationship.
When do you need this document?
You'll need a Pre Employment Affidavit whenever you're hired for a new position in the Philippines, whether for permanent, contractual, or probationary employment. Most companies require this document before your first day of work, particularly in government agencies, corporations, and organizations that maintain strict compliance with labor regulations. The affidavit is also commonly required for positions involving security clearances, financial responsibilities, or roles where background verification is critical. Additionally, you may need this document when transferring between departments within the same company or when your employment status changes significantly.
Key legal considerations
Your Pre Employment Affidavit must contain accurate and truthful information, as any false declarations can result in immediate termination and potential legal consequences. Key sections include your complete personal information, educational background with authentic credentials, comprehensive employment history, and any legal issues that might affect your work eligibility. You must also declare your civil status, dependents, and any existing employment obligations or non-compete agreements. The document requires notarization to be legally valid, and you should understand that it becomes part of your permanent employment record. Your employer has the right to verify all declared information, and discrepancies can lead to disciplinary action or contract termination.
Legal requirements in Philippines
Under the Labor Code of the Philippines (Presidential Decree No. 442), employers have the authority to require pre-employment documentation to ensure hiring compliance and workplace safety. The Data Privacy Act of 2012 (Republic Act No. 10173) governs how your personal information in the affidavit must be collected, stored, and protected by your employer. You must also acknowledge compliance with Social Security System requirements under Republic Act No. 8282, including your SSS registration and contributions. If your position involves telecommuting arrangements, you may need to include declarations under the Telecommuting Act (Republic Act No. 11165). The affidavit must be executed before a commissioned notary public to ensure its legal validity and enforceability in Philippine courts.
GOVERNING LAW
Applicable law
This Pre Employment Affidavit is drafted to comply with Philippines law. Key legislation includes:
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