MEMORANDUM OF AGREEMENT FOR WORK IMMERSION PARTNERSHIP

This Memorandum of Agreement is entered into this ____ of _____,

20_____ in _______________, by and between:

The POLYTECHNIC UNIVERSITY OF THE PHILIPPINES, with School

Identification Number ___________ a state university, with principal address at
Anonas, Santa Mesa, Maynila, Kalakhang Maynila, represented in this Agreement
by its <Position>, <Name>, <nationality> of legal age, and hereinafter referred to as
the SCHOOL;

-and-

The Barangay / Municipality / City / Province of ________________, of the Republic of

the Philippines with principal address at ____________________, and represented in
this Agreement by its <BARANGAY CHAIRMAN/MAYOR/GOVERNOR>, <NAME>,
<NATIONALITY>, 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

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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 LGU 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 LGU, 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. Appreciate the importance and application of the principle and theories

learned in school
2. Enhance their technical knowledge and skills;
3. Enrich their skills in communications and human relations;
4. Develop good work habits, attitudes, appreciation and respect for work.

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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 SCHOOL and the LGU, 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 especially those pertaining to

child protection as provided as provided for in the Guidelines of Work
Immersion (Guidelines).

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)

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 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. Provide insurance coverage for learners during the work immersion
program.
5. 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.
6. 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.
7. Provide the LGU an evaluation tool for the students’ immersion
performance.
8. Issue a final grade to the student upon completion of the requirements
within a prescribed period.
9. Ensure that the student will adhere to the non-disclosure policies of the
LGU as agreed to by the School. (See Annex F)
10. Provide signed Consent forms from the parents as applicable. (See Annex
G)
11. Provide the LGU a Certificate of Participation in the SHS program for
whatever purpose it may serve.
12. Execute a deed of acceptance as a way of recognizing and
acknowledging the donation/s received from the LGU.
13. Review, facilitate and endorse the application of the LGU 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 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 students to be deployed to the different
sections/departments/project sites of the LGU based on the Work
Immersion Daily Schedule of Activities.

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 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 2018-2019. (See Annex C and Annex D)
7. Provide students with an orientation about the LGU, its line of
business, and the work its employees do, and expose them to the
various stakeholders of the community in which the LGU 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 LGU.

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 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.

A material breach of the Work Immersion Guidelines and/or this MOA shall
constitute ground for termination of the MOA, in whole or in part, by the aggrieved
party without prejudice to other legal remedies.

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

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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.

VI. OWNERSHIP OF OUTPUT AND INTELLECTUAL PROPERTY

Intellectual properties developed by the student as part of his or her regular

Work Immersion duties in the LGU and their corresponding copyrights and/or
patents shall belong to the LGU.

Intellectual properties developed by the student outside of his or her regular

Work Immersion duties in the LGU and their corresponding copyrights and/or
patents shall belong to the student, even if the student used the time, facilities,
materials of the LGU, unless otherwise stipulated in a separate agreement between
the student and his or her parent or guardian and the LGU.

The above provisions shall apply in proportion to the intellectual properties

developed by the student in case intellectual property is jointly developed by the
student with an employee or personnel of the LGU, unless otherwise stipulated in a
separate agreement between the student and his or her parents and the LGU.

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:

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 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.

FOR THE SCHOOL: FOR THE LGU:

___________________________________ ___________________________________

Dr. Minna L. Comuyog <NAME>

Senior High School Principal <POSITION>

WITNESSED BY:

___________________________________ ___________________________________

APPROVED BY:

________________________
<NAME>
<POSITION>
<DEPARTMENT>

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