Memorandum of Agreement

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 5

MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This MEMORANDUM OF AGREEMENT (the “Agreement”), made and entered


into by and between:

Polytechnic University of the Philippines an educational institution duly


recognized and existing under the laws of the Philippines, with office located at
Anona, Santa Mesa, Maynila, Kalakhang Manila, herein represented by Dr.
Manuel Muhi, Vice President for Academics Affairs, herein after referred to as
“Higher Education Institute (HEI),”

-and-

PHILIPPINE AIRLINES, INC. with address at PNB Financial Center,


Pres. Diosdado P. Macapagal Avenue, CCP Complex, Pasay City,
Philippines, hereinafter referred to as the “Host Training Establishment
(HTE);”

-WITNESSETH-

WHEREAS, the HEI is offering Bachelor of Science in Industrial


Engineering, has established an On-the-Job Training (OJT) Program wherein qualified
students-trainees (the “trainees”) undergo training prior to their graduation in order to
adequately familiarize with actual office and technical operations and management to
augment their formal learning;

WHEREAS, the HEI allowed trainees to undergo an OJT Program, whereby


proposals were accepted and approved by said trainees, subject to terms and condition
provided in this Memorandum of Agreement;

WHEREAS, HTE, in its desire to enhance the knowledge, skills, attitudes, and
values of prospective business professionals, has agreed to provide an OJT Program on
corporate training to the students of the HEI in the form of actual exposure in relevant
departments or units of HTE to complement the existing curricula to match industry
needs and demands;

WHEREAS, all parties are cognizant of the need for cooperative endeavor and
fully aware of the, mutual advantages and benefits that could be mustered in undertaking
a joint venture;

NOW, THEREFORE, for and in consideration of the above premises, the parties
hereunto have jointly agreed to implement a scheme designed to achieve their common
objectives as follows:

I. Obligations and Responsibilities of the Parties

A. HEI shall be responsible for the following:

1. Recommend students to HTE who will undergo the OJT Program after
going through the usual selection process of HTE;
2. Designate a faculty coordinator and/or faculty adviser who will coordinate
with the HTE on the various activities under the OJT Program;
3. Jointly design, implement and evaluate a training plan with the HTE;
4. Provide the trainees basic skills with theoretical, general education and
values and human formation;

Page 1 of 5
5. Coordinate with the HTE on the implementation of existing training
standards;
6. Require trainees to keep an updated report book ready for inspection at
any given time;
7. Provide administrative support to HTE for the monitoring of attendance
and performance of the trainees’ work;
8. Together with the students, faculty, and parents concerned, renounce and
waive any claim against HTE for any injury or loss that the trainee may
sustain or may suffer, personal or pecuniary, in the performance of their
duties and functions while under training not attributable to the negligence
or willful act of any of the personnel of HTE. The written consent of the
concerned parties shall be submitted to HTE prior to the commencement
of the training.
9. Ensure that the provision of this Agreement are properly implemented and
coordinated with HTE for the purpose of ensuring high standards of
training under the Bachelor of Science in Industrial Engineering.

B. HTE shall be responsible for the following:

1. Provide students with an orientation about the company and


about the job;
2. Designate a Program Coordinator who will coordinate with
the HEI the various activities under this program who will monitor and
discuss the performance of the trainees for the duration of the OJT
Program;
3. Ensure a safe and conducive working environment for the
trainees;
4. Make available to the trainees, free of charge, the
consumable materials and basic tools and equipment whenever necessary
for the training;
5. Designate trainees to respective workstation eight hours
daily and may be requested to work beyond eight hours and be paid
accordingly, Provided, there are no regular workers to do the job and the
job is of the kind where the trainee has already demonstrated high
proficiency. The excess hour rendered shall be paid training allowance
based on the overtime scheme of the company;
6. Allow a coordinator of the HEI to visit the trainees during
work hours to monitor the status of the program;
7. Ensure that the provisions of this Agreement are properly
implemented and coordinated with the HEI for ensuring high standards of
training under the program; and
8. Provide immediate medical assistance to a trainee when
injured while in the performance of his/her assigned task.

C. The Student Trainees/Interns covered by this agreement shall be


required to perform and observe the following:

1. Sign and comply with the provisions of this Agreement, and the polices,
rules and regulations of the HTE, CHED and the HEI;
2. Complete the agreed duration of his/her internship
3. Undergo the required orientation program conducted by HEI and THE
4. Sign the acceptance letter and/or training contract

D. Other Miscellaneous Provisions. The parties further agree to the following


terms and conditions:

1. It is expressly understood that there will be no employer-employee


relationship between the trainees and HTE;

Page 2 of 5
2. The trainees will be personally responsible for any and all liabilities for
damage to property or injury to third persons, which may be occasioned
by their intentional or negligent acts while in the course of their training;
3. HTE reserves the right to discontinue the OJT Program on reasonable
grounds upon written notice to the HEI. The discontinuation shall take
effect immediately upon receipt of the said notice. The reasonable grounds
that may terminate the trainees include, but not limited to the following:

a. Habitual absenteeism;
b. Willful disobedience of company rules or insubordination to lawful
order of superior;
c. Poor physical condition, permanent disability or prolonged illness,
which incapacitates the trainee from working;
d. Theft or malicious destruction of company property and/or
equipment;
e. Inefficiency of performance on the in-plant/school training for a
prolonged period despite warnings duly-given to the trainee; and
f. Engaging in violence or other form of gross misconduct inside the
HTE’S premises.

4. The HEI may likewise withdraw its trainees from the OJT Program for
reasonable grounds after a written notice. The written notice shall
immediately take effect upon receipt of the notice by the HTE. The
reasonable grounds are the following:

a. Failure of the HTE to comply with its requirements as stipulated in


this contract;
b. Substandard or deleterious working conditions within the HTE’s
premises;
c. Repeated violations by the HTE on the terms of the training
agreement; and
d. Cruel or inhuman treatment by the HTE to trainee.

5. Any decision by HTE regarding behavior and performance of the trainees


shall be forwarded to the faculty coordinator and/or faculty adviser
designated by the HEI for proper investigation and sanction, if necessary.
6. During the effectivity of this Agreement, it is understood that the trainees
shall follow all rules and regulations, policies and procedures, particularly
the Safety polices of HTE and those affecting the training activities, duly
promulgated by the parties.
7. In case the trainee completes the training program, HTE has the option,
but not obliged, to hire the trainee.

II. Confidentially Clause and Compliance with Data Privacy Act:

1. HEI acknowledges and understands that certain confidential information


and proprietary business or trade secrets of HTE may become known to
HEI as a result of this agreement. HEI, including all employees, agents,
representatives, and trainees/interns agrees never to disclose confidential
and proprietary information concerning HTE, or its clients, either directly
or indirectly, in a manner both during and after the term of this agreement.
HEI further agrees not to use such information itself, except as may be
expressly authorized in writing by the HTE.

2. Both parties warrant that they are compliant with the Data Privacy Act of
2012, its implementing rules and regulations as well as issuances and
circulars issued by the National Privacy Commission, in relation to the
privacy, security and protection of personal information. It hereby
represents that it has the appropriate technical and organizational measures

Page 3 of 5
adopted and maintained to protect personal information against any data
privacy breach.

III.EFFECTIVITY

1. This agreement shall be effective for a period of 1 year beginning school


year 2019 to 2020 and shall be automatically renewed on a yearly basis,
unless otherwise terminated by written notice at least thirty (30) days prior
notice to the expiration thereof.

2. It is mutually agreed upon that this Agreement will not be modified except
by written amendment executed by the contracting parties.

IN WITNESS WHEREOF, the parties hereto have signed these presents on this Day
day of Month, 2019 in Pasay City, Philippines.

By:

HEI PHILIPPINE AIRLINES, INC.

Dr. Manuel Muhi Carel Angeline A. Santos


Vice President for Academic Affairs Manager
Talent Acquisition and Placement
Division
Human Capital Department

Page 4 of 5
CONFIDENTIALITY AGREEMENT

I, Coleen I. Mendoza, a student of Polytechnic University of the Philippines hereby bind


myself and agree that all information on trade secrets, technology, manufacturing
process, quality assurance methodologies, product formulation, production capacities,
documents and manuals and other technical matters that HTE shall make available to me
or that I may have access to in connection with my OJT Program, shall be used for the
sole purpose of developing my assigned systems projects. All of these matters are
classified as confidential in nature and proprietary to HTE.

I agree that such information shall be held in trust and in fiduciary capacity, and I hereby
undertake to prevent transfer of such information and assigns consciously and
unconsciously, to any party without written consent of HTE.

This Agreement shall be effective upon the signing hereof and shall continue to be in
force and effect even after the termination of the Memorandum of Agreement signed
between HEI and HTE.

Signed this Day. day of Month, 2019 in Pasay City, Philippines.

Coleen I. Mendoza

Noted by:

PHILIPPINE AIRLINES, INC.

Carel Angeline A. Santos


Manager
Talent Acquisition and Placement Division
Human Capital Department

Page 5 of 5

You might also like