This Memorandum of Agreement is entered into this ____ of _____, 20_____
in _______________, by and between:
The - <NAME OF SCHOOL>, with School Identification Number
___________a public high school, with principal address at
____________________________, represented in this Agreement by its
<Position>, <Name>, <nationality> of legal age, and
hereinafter referred to as the SCHOOL;
-and-
<NAME OF COMPANY>, duly constituted and registered in the Philippines, with principal address at ________________________,
represented in this Agreement by its <Position>, <NAME>,
<NATIONALITY>, of legal age, hereinafter referred to as the “COMPANY”,
WITNESSETH:
WHEREAS, the Department of Education of the Philippines, hereinafter referred
to as “DepEd”,is the primary
government instrumentality mandated to formulate, implement, and coordinate
policies, plans, programs and projects in the areas of formal and non-formal
basic education; supervise all elementary and secondary education institutions,
including alternative learning systems, both public and private; and provide
for the establishment and maintenance of a complete, adequate, and integrated
system of basic education relevant to the goals of national development;
WHEREAS, the DepEd has introduced the K to 12 basic education reform program
that includes Senior High School,
hereinafter referred to as “SHS”, with the major objective of ensuring that
graduates of basic education are ready for employment, entrepreneurship and
higher learning;
WHEREAS, the SHS curriculum can be customized at the local levels to take into consideration the needs of local
industries and the labor market;
WHEREAS, the DepEd believes that for the effective delivery of SHS instruction,
there is a need for school-industry
partnerships that will provide the school the necessary expertise and venue for
practical, on-the-job, enterprise-based training for SHS learners;
WHEREAS, the DepEd will start full implementation of SHS
in School Year 2016-2017;
WHEREAS, the SCHOOL is among those that will offer SHS to students in the
community to carry out DepEd’s
objectives for SHS as spelled out above;
WHEREAS, to achieve this objective, the SCHOOL needs to enter into a Work
Immersion Partnership with the
COMPANY;
WHEREAS, the COMPANY operates in the area where the School is located and has offices, facilities, project sites,
and expertise that it can make available to the School for purposes of student
work immersion;
WHEREAS, the COMPANY considers going into a work immersion partnership with the School as part of its mission to
create a positive impact on the community, especially the young people;
WHEREAS, the COMPANY may avail of the revenue regulation no. 10 s. 2003 implementing the tax incentives
provision of R.A. 8525 otherwise known as the Adopt-A-School Act of 1998;
WHEREAS, the SCHOOL and the COMPANY, hereinafter collectively referred to as “the parties”, undertake to collaborate for
the successful implementation of the SHS in <Municipality> cognizant of
the need for special protection of the child and with the best interest of the
SHS learner at heart;
NOW,
THEREFORE, for and in consideration of the
foregoing premises, the PARTIES hereby
agree as follows:
DESCRIPTION
OF THE WORK IMMERSION PROGRAM
With the passage of the Enhanced Basic Education
Act of 2013 or Republic Act 10533, the DepEd was tasked to implement the K to
12 Program, essentially adding two (2) years of specialization within the Basic
Educational System;
The DepEd designed the implementation of RA 10533 within the framework
of increased community involvement in the learner’s experience;
With this premise, the DepEd, offers venues for
various stakeholders to participate in the implementation of RA 10533 and, the
same offer, accepted by the PARTIESs herein;
The Work Immersion Program is one of the course
requirements for graduation. A SHS student has to undergo work immersion in a
business organization or establishment with work requirements related to the
specialization. Through work immersion, the students are exposed to and are
familiarized with the work-related environment related to their field of
specialization. Specifically, the students are able to:
1.
Gain relevant and practical industrial
skills under the guidance of industry experts and workers;
2.
Appreciate the importance and
application of the principles and theories taught in the classroom;
3. Enhance
their technical knowledge and skills;
4.
Prepare them to meet the needs
and challenges of employment, entrepreneurship, or higher education after their
graduation.
The Work Immersion Partnership
has the following objectives:
1.
To supplement the formal
curriculum of the SHS program with special inputs coming from the COMPANY
experts and practitioners in order to make the SHS program aligned and
consistent with work standards;
2.
To develop in the students of the
SHS program the knowledge and skills that are relevant to the needs of the job market
in the area
3.
To provide SHS students relevant
learning experiences by giving them exposure to the actual workplace setting.
4.
To form Work Immersion
Partnership between SCHOOL and the COMPANY, the students, faculty, and staff of
the schools concerned will be allowed the use of and access to the COMPANY
workplace and equipment as part of their Work Immersion Program.
II.
RESPONSIBILITIES OF THE PARTIES A. Joint Responsibilities
Both the
SCHOOL and the COMPANY shall:
1.
Create a joint working group that
will prepare the action plan to operationalize the partnership.
2.
Form a joint steering committee
to monitor the progress of the partnership and to make sure that the provisions
of this Memorandum of Agreement (MOA) are met.
3.
Adhere to all laws, memoranda and
circulars pertaining to child protection (See Annex A).
4.
Develop the students’ Work
Immersion module specifying goals and objectives, desired outcomes of the
program and how these outcomes will be achieved, also noting the specific
knowledge, skills, attitudes and competencies that the student should acquire
after completing the program. (See Annex C and Annex D)
5.
Develop a Work Immersion Daily
Schedule of Activities that will be followed by the students during the whole
duration of the Work Immersion Program.
6.
Formulate local school work
immersion policies and guidelines on selection, placement, monitoring, and
assessment of students (immersion participants), in order to ensure that each
student is assigned to an immersion partner matched to his/her desired track,
qualifications and aptitude. (See Annex C and Annex D)
B.
Responsibilities of the School The
SCHOOL shall:
1.
Identify and indicate the SHS
track/s, strand/s, and/or specialization/s which will be the subject of the
partnership (See Annex D)
2.
Make the needed adjustments to
contextualize the SHS subjects based on inputs coming from the COMPANY.
3.
Designate a person who will be
in-charge of coordinating with the COMPANY and supervising the activities of
the students for the duration of the Work Immersion Program.
4.
Continue to exercise its Special
Parental Authority under the Family Code over the Senior High School student
under immersion in the premises of the partner.
5.
Monitor each student’s progress
throughout the duration of the entire work immersion program so as to make sure
that the tasks assigned to each student are meaningful, challenging, and
applicable to his/her particular programs and are able to maximize the quality
of the learning experience.
6. Provide
the COMPANY an evaluation tool for the students’ immersion performance.
7.
Issue a final grade to the
student upon completion of the requirements within a prescribed period.
8.
Ensure that the student will
adhere to the non- disclosure policies of the COMPANY as agreed to by the
School. (See Annex F)
9. Provide
signed Consent forms from the parents as applicable. (See Annex G)
10. Provide the COMPANY a Certificate of Participation in the SHS program
for whatever purpose it may serve.
11. Execute a deed of acceptance as a way of recognizing and acknowledging
the donation/s received from the COMPANY.
12. Review, facilitate and endorse the application of the COMPANY to avail
of the tax incentives/exemption as specified in the R.A. 8525 otherwise known
as The Adopt-A-School Act of 1998.
C.
The
Company shall:
1.
Assign a competent Immersion
Coordinator from the COMPANY to liaise with the School and supervise the
students without prejudice to the special parental authority of the school, its
administrators and teachers for the duration of the work immersion program so
as to ensure efficient implementation of all stages of the program.
2.
Provide inputs into the
curriculum through the discussions or workshops that DepEd will organize.
3.
Lend its expertise by making
available its resident resource persons to provide training to the students.
4.
Allow the students to be deployed
to the different sections/departments/project sites of the COMPANY based on the
Work Immersion Daily Schedule of Activities.
5.
Agree to the required number of
hours of the immersion program set under the DepEd SHS curriculum. (See Annex C
and D)
6.
Provide immersion opportunities
for <number of students> students for School Year 2016-2017. ( See Annex
C and Annex D)
7.
Provide students with an
orientation about the COMPANY, its line of business, and the work its employees
do, and expose them to the various stakeholders of the community in which the
COMPANY operates for the students to get a holistic understanding of its
business.
8.
Similarly ensure that students
undergo training related to their course, and provide the students with work or
activities that are varied and applicable to their field of study.
9.
Make its workplace and facilities
available to students, and shall similarly take all necessary action to ensure
the safety of students within their areas of operation at all times, which
shall include, but shall not be limited to, the provision for Personal
Protective Equipment (PPE’s), if applicable. Ensure that the students
will not be exposed to hazardous materials and working environment throughout
the duration of the immersion.
10. Evaluate students’ performance in the immersion venue by accomplishing
provided evaluation tool
11. Issue a Certificate of Completion to the student trainees upon
satisfactory compliance with all requirements of the program.
12. Execute a deed of donation in favor of DepEd for the completed Work
Immersion Partnership.
13. Submit to the Adopt-A-School Program Secretariat all pertinent documents
in support of the amount specified/claimed for the tax exemption application of
the COMPANY.
III. EFFECTIVITY
This agreement shall hold for the duration of the <from year-to
year> Academic School Year and is renewable every year. The COMPANY and the
SCHOOL shall submit their intention for renewal of this agreement through
formal notice within thirty (30) days before the expiration of this Agreement.
The COMPANY and the SCHOOL reserve their respective rights to terminate
their participation in the agreement through formal written notice within
thirty (30) days before the effectivity of the termination. Both parties shall
turnover all deliverables agreed thereto in the Work Immersion Program.
Termination shall be subject to the mutual agreement between the parties.
IV. LIABILITY
The school, its administrator and
teachers exercising authority and supervision over the Senior High School
Student undergoing immersion in the premises of the partner may be held
accountable for the student’s acts.
Each party shall answer for
losses and damages arising from any accident, act, or omission directly
attributable to its fault or negligence, which may cause death or bodily injury
to any persons, or loss or damage to property, by or on account of the
performance of the respective obligations by the parties pursuant to this
Agreement. Such responsibility shall continue to remain that of the responsible
party’s even after the termination of this agreement, if such losses and
damages were incurred during the effectivity of this agreement.
DepEd shall not be liable for
opportunity losses of the Company during the duration and after the termination
of this agreement.
V.
NON-DISCLOSURE
PROVISION
It is expressly understood by DepEd and the students that all
information on technology, manufacturing process, process standards, quality
assurance methodologies, quality standards, production capabilities, raw
material purchasing, marketing, finance, and all other related documents,
manuals, operational and technical matters that the Company shall make
available to them shall be used for the sole purpose of student training. All of
these matters are classified as confidential in nature and proprietary to the
Company and thereby each student hereby undertakes to prevent transfer of such
information by any of its members to any party outside of the Company (See
Annex F)
VI. OTHER PROVISIONS
It is expressly understood by the PARTIES that the Company is not
obliged to pay wage or salary since there is no employer-employee relationship
that exists. However, the Company is not precluded from providing the student
with any monetary or financial assistance in the form of transportation fee,
food allowance, etc.
In determining the existence of
an employer-employee relationship, the following elements are considered: (1)
the power to hire; (2) the payment of wages; (3) the power to dismiss, and (4)
the power to control the employee’s conduct, with the control test generally
assuming primacy in the overall consideration.
No employer-employee relationship
exists between the student and the partner in work immersion if all the
following criteria are met:
1.
The training, even though it
includes actual operation of the employer’s facilities, is similar to training
provided in an educational program;
2. The
training is for the benefit of the student;
3.
The student does not displace
regular employees, and works under close supervision;
4.
The students are not entitled to
a job at the conclusion of the training period and are free to take jobs
elsewhere in the same field;
5.
Any clinical training is
performed under the supervision and direction of people who are knowledgeable
and experienced in the activity;
6.
The training is general, and
qualifies the student to work in any similar business. It is not designed
specifically for a job with the employer that offers the program;
7.
The screening process for the
immersion program is not the same as for employment, and does not appear to be
for that purpose. The screening only uses criteria relevant for admission to an
independent educational program; and
8.
Advertisements, posting, or
solicitations for the program clearly discuss education or training, rather
than employment, although employers may indicate that qualified graduates may
be considered for employment.
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FOR THE
SCHOOL:
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FOR THE
COMPANY:
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______________________
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__________________________
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<NAME>
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<NAME>
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<POSITION>
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<POSITION>
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WITNESSED BY:
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_____________________
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___________________________
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APPROVED BY:
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________________________
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<NAME>
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<POSITION>
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<DEPARTMENT>
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ANNEXES -
Attachments
A.
Laws, circulars and memoranda on
child protection
B.
Board Resolution / Secretary’s
certificate
C.
List of Students, Teachers /
Supervisors and Tracks offered
D.
Document for Immersion Module and Schedule of Daily
Activities
E.
Non- Disclosure Agreement
F.
Signed Parental Consent forms
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