20 Aug MOA Template For Work Immersion Private Company MAD
20 Aug MOA Template For Work Immersion Private Company MAD
20 Aug MOA Template For Work Immersion Private Company MAD
3
Private Company
WITNESSETH:
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-ASchool 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 learners 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.
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)
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 (PPEs), 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 students 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 partys 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
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 employees 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 employers 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.
WITNESSED BY:
_____________________
___________________________
APPROVED BY:
________________________
<NAME>
<POSITION>
<DEPARTMENT>
ANNEXES - Attachments
A. Laws, circulars and memoranda on child protection
B. Board Resolution / Secretarys 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