MEMORANDUM OF AGREEMENT
FOR WORK IMMERSION PARTNERSHIP
This
Memorandum of Agreement is entered into this ____ of _____, 20_____ in
_______________, by and between:
The______________________,
with School Identification Number ______ a public high school, with principal
address at_______________________,
represented in this Agreement by its ________________________
FILIPINO of legal age,and hereinafter referred to as the "SCHOOL;"
-and-
The___________________, of the Republic of
the Philippines, with principal address at _________________________and
represented in this Agreement by its_________________,
FILIPINO, of legal age, hereinafter referred to as the “LGU”.
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 LGU;
WHEREAS,
the LGU 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 LGU 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 institutionalization and implementation of the K to 12 program is among the
priority programs of the Government for promoting inclusive growth;
WHEREAS,
the LGU is encouraged to fully support the successful implementation of the K
to 12 Program of the Department of Education as stated in Paragraph 4, Section
2 of the Republic Act 9155 or “Governance of Basic Education Act of 2001”;
WHEREAS,
the LGU recognizes the need for a work immersion environment that is safe for
the students and teachers, and conducive to learning, and has the capability to
provide these;
WHEREAS,
the SCHOOL and the LGU, hereinafter collectively referred to as “PARTIES”,
undertake to collaborate towards the successful implementation of the Senior
High School in the Barangay/Municipality/City/Province 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 PARTIES 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.
I.
OBJECTIVES
OF THE WORK IMMERSION PARTNERSHIP
The
Work Immersion Partnership has the following objectives:
1. To
supplement the formal curriculum of the SHS program with special inputs coming
from the LGU 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 the SCHOOL and the LGU, allowing the
students, faculty, and staff of the schools concerned will be allowed the use
of and access to the LGU workplace and equipment as part of their Work
Immersion Program.
II. RESPONSIBILITIES OF THE PARTIES
A.
Joint
Responsibilities
Both
the SCHOOL and the LGU 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
student during the whole duration of the work immersion inside the LGU.
6. Formulate
local school work immersion policies and guidelines on selection, placement,
monitoring, and assessment of student (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 LGU.
3. Designate
a person who will be in-charge of coordinating with the LGU 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 LGU 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 Municipality/City/Province
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 LGU 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 LGU.
C. The LGU shall
1. Assign
a competent Immersion Coordinator from the LGU 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 student to be deployed to the different sections/departments/project sites
of the LGU 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 D)
6. Provide
immersion opportunities for <number of students> students for School Year
2016-2017. ( See Annex C)
7. Provide
students with an orientation about the LGU, the job as well as expose them to
the various stakeholders of the community in which it operates for the students
to get a holistic understanding of the LGU.
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.
III. EFFECTIVITY
This
agreement shall hold for the duration of the <from year-to year> Academic
School Year and is renewable every year. The LGU 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
LGU and the SCHOOL reserve their respective rights to terminate their
participation in the agreement after the duration of this 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 LGU 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 LGU 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 LGU and thereby
each student hereby undertakes to prevent transfer of such information by any
of its members to any party outside of the LGU (See Annex F)
VI. OTHER PROVISIONS
It
is expressly understood by the PARTIES that the LGU is not obliged to pay wage
or salary since there is no employer-employee relationship that exists.
However, the LGU 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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