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MEMORANDUM OF AGREEMENT KNOW ALL MEN BY THESE PRESENTS:
This Agreement made and entered into by and between:
MAPÚA INSTITUTE OF TECHNOLOGY [hereinafter referred to as MAPÚA], an academic institution duly organized and existing by and under the laws of the Republic of the Philippines, with office address at Muralla Street, Intramuros, Manila, represented herein by its President, DR. REYNALDO B. VEA.
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COMPANY NAME [hereinafter referred to as Host-Company], a corporation duly organized and existing by and under the laws of the Republic of the Philippines, with principal office at [Office Address], represented herein by its President, [NAME].
-WITNESSETH-WHEREAS, MAPÚA performs an On-the-Job Training Program [hereinafter referred to as OJT] with local-based host companies in order to provide its students with hands-on experience prior to graduation so as to familiarize them with actual office and industrial operations and management. The OJT involves the placement of a student at the Host-Company workplace for a specified number of hours.
WHEREAS, MAPÚA proposes that its students be allowed to undergo OJT at the Host-Company facilities and offices, which proposal was accepted/approved by the latter, subject to terms and conditions provided for in this Memorandum of Agreement;
WHEREAS, the Host-Company agrees to accept student/s of MAPÚA as trainee [hereinafter referred to as student-trainee] at its various facilities in support of OJT program and complement existing program/s to match industry demand;
NOW THEREFORE, for and in consideration of the foregoing premises, MAPÚA and the Host-Company agree and stipulate the following:
STAGE 1: ACCREDITATION
1. The Host-Company must register and submit the requirements online
(http :// careerlink.mapua.edu.ph/Company) such as, but not limited to:
1.1 Company Profile;
1.2 Company Registration; and 1.3 Official Company Logo
2. The Host-Company must send to the Center for Career Services [hereinafter referred to as CCS] for evaluation a letter of intent with a detailed training plan duly signed by its authorized representative. CCS may provide assistance in the development of the training plan by providing the host-company an official copy of the Model Training Plan [hereinafter referred to as MTP herein attached as Annex A], a suggested flowchart of recommended areas for training, designed purposely to provide host-companies a point of reference on training standards which supports the objectives of the program.
3. Through CCS, MAPÚA shall orient the Host-Company regarding the institutional procedures and standard forms designed for this program. A pre-reviewed “standard “ OJT Memorandum of Agreement template [hereinafter referred to as MOA] is made available by CCS to expedite the process of accreditation.
4. MAPÚA shall likewise arrange an initial inspection visit to the facilities of the Host-Company prior to MOA signing if necessary.
5. The Host-Company shall submit to CCS prior to recruitment an accomplished OJT Offer Form [hereinafter referred to as OJT Form A] duly signed by its authorized representative. No student-trainee shall be allowed to set off training without an approved OJT Form A.
6. The Host-Company shall adhere to the agreed procedures, guidelines and requirements of this program as specified in the Training Policies and Guidelines.
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STAGE 2: RECRUITMENT 7. MAPÚA shall:
7.1 Promote the host-company’s program to the students of the institute;
7.2 Regularly invite the Host-Company to participate in the quarterly-set OJT Fairs in view of the Host-Company’s existing requirement;
7.3 Pre-select and recommend potential trainee-applicants who will undergo the OJT taking into consideration the requirements of the Host-Company in terms of qualification and number of trainees needed, it being understood that only students taking courses wherein OJT is an academic requirement will be recommended as follows:
7.3.1 Currently enrolled in an OJT course; 7.3.2 Passed the pre-practicum requirements;
7.3.3 Psychologically matured, emotionally and spiritually balanced;
7.3.4 With accomplished OJT Endorsement form [hereinafter referred to as OJT Form B and attached as Annex B of this agreement] duly signed by the concerned departments of MAPÚA; and
7.3.5 Must have the right work attitude towards internship/training.
7.4 Submit to the Host-Company the resumes and all other OJT documents required under this program, which shall serve as the basis of the Host-Company to screen, select, and deploy specific trainees for OJT;
7.5 Oversee the course of the OJT program and coordinate with the Host-Company and support the various activities under this Program; and
7.6 The Host Company shall have absolute discretion in the final selection of the trainee-applicants. MAPÚA shall respect and accept the final decision of the Host-Company as to whom amongst the trainee-applicants (if any), will be selected. The Host-Company and MAPÚA shall not be liable for any and all expenses incurred by the applicant in the event that he/she is not selected by the Host-Company.
8. After the final assessment, the Host-Company shall inform and provide MAPÚA an accomplished Training Invitation Form [hereinafter referred to as OJT Form C] in writing or via email the name/s of the selected candidate/s for placement.
STAGE 3: PLACEMENT 9. MAPÚA shall:
9.1 Assist the selected candidate in the processing of his/her placement. From then on, the selected candidate shall now be termed “student-trainee”;
9.2 Designate a Program Coordinator/Adviser [hereinafter referred to as Program OJT Coordinator] who will work closely with CCS for the calendar of events and documentation of training requirements. Monitor compatibility of job circumstances with the OJT course requirements for the student-trainee’s attainment of advanced standing in the program through regular interaction with the student-trainee and visits to the site. He/she shall likewise monitor attendance, training-related activities and performance of trainee during the OJT program in the Host-Company; and 9.3 Require the student-trainee and parents concerned to waive in writing any claim against MAPÚA
and the Host-Company for any injury that the student-trainee may sustain or any loss that he/she may suffer, pecuniary or otherwise, arising from his/her own omission or negligence in the performance of his/her duties and functions while under training and not otherwise attributable to the fault or negligence of any employee or representative of MAPÚA or the Host-Company. The waiver of the student-trainee signed by his/her respective parents shall be submitted to the MAPÚA and the Host-Company prior to commencement of the training.
10. The Host-Company shall:
10.1 Screen, select, and deploy student-trainee to the different offices and operating units of its range;
10.2 Deny applications from students with no signed endorsement letters from MAPÚA; 10.3 Adopt and enforce rules that will govern the conduct of the program. Said rules shall be
made known to the Host-Company and student-trainee before the start of the training;
10.4 Provide an orientation to the student-trainee to familiarize him/her with company rules and regulations. The student-trainee must be provided with a copy of the rules and regulations and the grounds for termination of his /her training with the company for proper guidance;
10.5 Sign the acceptance certificate [herein referred to as OJT Form D and attached as Annex C of this agreement] and the waiver [herein referred to as OJT Form E and attached as Annex D of this Agreement] disclosure of the student-trainee using the standard form provided by Mapúa. Should the Host-Company prescribe its own format of the waiver, the school’s official waiver form must also be signed by the company;
10.6 Give the trainee course-related work assignments and expose said student-trainee to learning experience on actual operations and management. If required by the
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company, the student-trainee must sign a confidentiality and non-disclosure agreement;
10.7 Designate from among its employees an Industry OJT Supervisor [hereinafter referred to as OJT Supervisor] who will be assigned for the following responsibilities:
10.7.1 Serve as mentor to the student-trainee;
10.7.2 Expose the student-trainee to real situation problems and bottlenecks thus enabling said student-trainee to analyze and apply scientific as well as empirical approach to the solution of technical problems;
10.7.3 Arrange a conference with the Program Coordinator/Adviser when training problem arises; and
10.7.4 Deploy the student-trainee to the different operating units of the company for a fixed period of time which will depend upon the program/course taken by the student-trainee and as agreed upon on a case to case basis by the Host-Company and MAPÚA; 10.8 Adhere to all regulations regarding labor laws pertaining to OJT or internship or learners
programs, as well as health and safety laws;
10.9 Provide safety instructions throughout the OJT period;
10.10 Provide training allowances in accordance with the company’s policies and subject to availability of funds for the student-trainee; and
10.11 Accomplish and submit the necessary OJT requirements to MAPÚA. STAGE 4: EVALUATION
11. Upon completion of the training, the Host-Company shall accomplish the Performance Evaluation Form [hereinafter referred to as OJT Form F and attached as Annex E of this agreement]. This form contains the Host-Company’s evaluation/ratings of the student-trainee based on his/her performance during the training period;
12. The Host-Company shall issue a certificate of completion to the student-trainee who successfully finishes his/her training under this program;
13. The student-trainee and OJT adviser/coordinator shall likewise evaluate the training program acquired in the Host-Company after the completion of the program. This will serve as one of the basis for the continued partnership between MAPÚA and the Host-Company.
STAGE 5: RETENTION
14. The Host-Company shall submit an offer letter [hereinafter referred to as OJT Form G] to CCS for the possible retention or employment of the student-trainee.
15. ADDITIONAL SERVICES MAPÚA may render the following services in addition to those stated in the preceding sections:
15.1 Placement Services (Subject to payment of relevant fees);
15.2 Provide the Host-Company the opportunity to join college-wide Career Expo; 15.3 Provide the Host-Company the opportunity to join college-wide OJT Fair; 15.4 Allow the Host-Company to post vacancies online and offline, if available;
15.5 Provide the Host-Company the opportunity to acquire Graduates’ Directory and any other career-related services;
15.6 Provide the Host-Company the opportunity to conduct company talk, on-site testing and interview;
15.7 Provide the Host-Company the opportunity to host/sponsor non-technical and/or technical seminar to the graduating class; and
15.8 Provide the Host-Company the opportunity to house the graduating class for a plant visit or field trip.
16. The HOST-COMPANY may render the following services in addition to those stated in the preceding sections:
16.1 Provide trainings/workshops on any, if not all, of the following: a. Career workshop;
b. English Communication Workshop; c. Technical Trainings; and,
d. Special/specific topic seminar – any topic that might be of interest to MAPUA or its students. 16.2 Educational Tour;
16.3 Faculty Immersion – seminars/workshops/dialogues with the faculty whose objective is to make the academe understand the nature of the industry;
16.4 Scholarship Programs; and
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This agreement shall be valid for (2) two years and shall take effect on _______________ until _________________ .
This agreement may be terminated at any time and for any cause or in case of failure of one or both parties to comply with the provisions of this Memorandum of Agreement provided that a written notice shall be sent to the other party sixty (60) days prior to termination, provided further that such termination shall not in any way affect any and all rights that may have accrued in favor of either party or the student/s prior to such notice of termination.
Any modification or amendment shall be made in writing subject to the approval of the parties and/or their duly authorized representatives.
18. MISCELLANEOUS PROVISIONS
18.1 It is expressly understood that there will be no employer-employee relationship between the Host-Company and the student-trainee of MAPÚA.
18.2 The student-trainee will be personally responsible for any and all liabilities for damage or loss to property and injury to third persons, arising from their intentional or negligent acts in the course of the OJT not otherwise attributable to the fault or negligence of any employee or representative of the Host-Company.
18.3 The student-trainee and MAPÚA shall abide by the Host-Company’s rules and regulations which are made known to them pursuant to section 10.4 of this Agreement and comply with those imposed for the program; otherwise, they shall be excluded from further participation.
18.4 MAPÚA may pull out any student-trainee from the Host-Company on reasonable grounds after a written notice sent by the Host-Company requesting such a pull-out.
18.5 Both parties shall exert all efforts necessary to achieve the objectives of this Agreement.
18.6 Neither of the parties shall be liable in any way for failure to observe or perform any provision of this Agreement if such failure shall be caused by any law, rule or regulation of any constituted public authority, or shall arise from any cause beyond the control of the party in default.
18.7 If any provision of this Agreement shall be held invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed from the Agreement and the remaining provisions shall continue in full force. The parties shall promptly agree on a supplemental agreement, if necessary, on account of the invalidated, illegal, or unenforceable provision.
18.8 Any change in the provisions and other terms and conditions of this Agreement shall be made in writing and duly signed and acknowledged by the herein parties.
19. NOTICES AND GENERAL MATTERS:
Notices under this AGREEMENT may be delivered by hand, by registered mail or facsimile to the addresses or emailed to the address, facsimile number and email address specified as follows:
MAPÚA INSTITUTE OF TECHNOLOGY Center for Career Services
Business Address: 658 Muralla St., Intramuros, Manila, Philippines 1002 Telephone Number: +63 (02) 247.5000 local 1202 or 1404
TeleFax Number: +63 (02) 336.6102
Email Address: firstname.lastname@example.org
[HOST-COMPANY] [Department/Section] Business Address:
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Telephone Number TeleFax Number: Email Address: Website:
Notice or other communication will be deemed given:
19.1 In case of hand delivery, upon written acknowledgement of receipt by an officer or other duly authorized employee or representative of receiving party;
19.2 In case of registered mail, on the day on which such mails or notices will be delivered in the ordinary course of post.
MAPÚA INSTITUTE OF
DR. REYNALDO B. VEA
President [NAME]President or Representative
SIGNED IN PRESENCE OF:
ENGR. ROSETTE EIRA E. CAMUS Dean, Admissions and International Programs
____________________________________________________________________________________ A C K N O W L E D G E M E N T
REPUBLIC OF THE PHILIPPINES )
BEFORE ME, this ________________________ day of _________________, 2015, Notary Public in and for the __________________________________, Philippines, personally appeared: __________________________________ with Passport No. __________________________ issued at ___________________________ on __________________________, ______; and _________________________________ with Passport No. __________________________ issued at _________________________ on __________________, ______, both known to me to be the same person who executed the foregoing instrument and they acknowledged to me the same as their free and voluntary deed.
The instrument consisting of five (5) pages, including this page on which this acknowledgement is written, has been signed on each and every page thereof by the parties hereof and their witnesses and sealed with notarial seal.
IN WITNESS WHEREOF, I have hereunto set my hand, the day, year and place above written.
Doc. No. __________ Page No. __________ Book No. __________ Series of 2015