Draft PLM Business School MOA OJT (1)

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MEMORANDUM OF AGREEMENT

KNOWN ALL MEN BY THESE PRESENTS:

This agreement is executed this _______ day of ___________________ by and between:

The PAMANTASAN NG LUNGSOD NG MAYNILA, an educational institution dully


organized and existing under and by virtue of the laws of the Philippines (Republic Act
No. 4196), with principal address at General Luna corner Muralla Sreets, Intramuros,
Manila, represented in this Act by its University President Emmanuel A. Leyco (PLM)

AND

[Name of Company], [Nature of Company], with office address at [Company Address]


represented by [Name of President], [Position], hereinafter referred to as “The
Internship Partners”.

WITNESSETH: THAT

WHEREAS, PAMANTASAN NG LUNGSOD NG MAYNILA is a higher


educational institution (HEI) offering college degree programs that requires its graduating
students to undergo on-the-job training (OJT), and channels them for employment to
suitable and reputable companies.

WHEREAS, The Internship Partner is a reputable company duly licensed and


registered institution/establishment that is vested by law to employ, deploy and
accommodate graduate students and on-the-job trainees in its offices and facilities;

WHEREAS, PAMANTASAN NG LUNGSOD NG MAYNILA requires the student


trainees to render the required total number of hours of relevant training per program,
which The University believes The Internship Partner can provide due to its wide
resources;

WHEREAS, PAMANTASAN NG LUNGSOD NG MAYNILA and The Internship


Partner recognizes the complimentary nature of their respective objectives and goals in
the industry;

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NOW, THEREFORE, for and in consideration of the foregoing premise herein after
the parties have agreed as follows:

A. The University shall:

1. Recommend student-interns who will undergo on-the-job training under


this Internship Program after going through the usual selection process of
The Internship Partner;

2. It shall assume full responsibility over the student interns during the period
of their internship;

3. It shall assign an internship program coordinator who will be the point/focal


person of The Internship Partner during the duration of the internship
program;

4. Provide the letter of recommendation of qualified graduating students for


OJT and other necessary requirements, and/or list of graduates as The
Internship Partner may require for the OJT program;

5. Closely monitor and evaluate the performance and behavior of every


trainee through the assigned internship coordinator. It shall take
appropriate action on any complaint against the student intern in
accordance with the policy of PAMANTASAN NG LUNGSOD NG
MAYNILA; and,

6. Together with the student-interns, faculty and parents concerned renounce


and waive any claim against The Internship Partner for any injury,
damage or loss that the student-interns may sustain or may suffer,
personal or pecuniary, in the performance of their duties and functions
while under training not attributable to the gross negligence of The
Internship Partner or willful act of any third party or personnel of The
Internship Partner.

B. The Internship Partner shall:

1. Undertake the selection process of the student-interns recommended by


PAMANTASAN NG LUNGSOD NG MAYNILA in accordance with The
Internship Partner’s policies and guidelines in recruitment and selection
of personnel;

2. Enter into an internship contract/agreement with the student-interns,


which may be electronically signed by the student-intern;

3. Provide the student-interns virtual exposure and experience in an actual


business organization or industry setting on the job training and expose
the student trainees to an industry setting;

4. Orient the student-interns about The Internship Partner, its rules and
regulations and its expectations from the interns before signing of the
internship contract;

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5. It shall assign a point/focal person responsible for the implementation of
all phases of internship;

6. Assign an immediate supervisor who will monitor the performance of the


student-interns for the duration of the program;

7. Ensure a safe and conducive working environment for the student-interns;

8. Provide supervised applied learning experience for student-interns in


accordance with the agreed internship plan/training program and
schedule of activities;

9. Monitor and evaluate the trainees’ performance and behavior with the
proper coordination with the assigned internship program coordinator from
PAMANTASAN NG LUNGSOD NG MAYNILA and shall ensure that the
student-interns do not perform tasks and duties of regular positions in The
Internship Partner;

10. Issue PAMANTASAN NG LUNGSOD NG MAYNILA a formal evaluation


and Certificate of Completion at the end of the training for each and every
student-interns who completed the virtual OJT program;
11. Accomplish the evaluation form at the end of the Program, and discuss
the results of the performance evaluation with the student-interns;

12. Inform PAMANTASAN NG LUNGSOD NG MAYNILA, through its faculty


adviser or coordinator, on other matters related to the program;

13. In case of a student-intern's breach of contract or misconduct, notify and


provide at least 10 working days written notice to PAMANTASAN NG
LUNGSOD NG MAYNILA, prior to The Internship Partner’s decision to
suspend or terminate the contract.

C. General Provisions

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


relationship between The Internship Partner and the student-interns of
PAMANTASAN NG LUNGSOD NG MAYNILA. There is likewise no
obligation nor guarantee to hire the student trainee after completion of
his/her training; Moreover, the student-interns are not entitled to wages,
compensation, or any benefits for the time spent during the program;

2. The student-interns shall observe and obey The Internship Partner’s


policies, rules and regulations, and abide by the business practices and
procedures;

3. The student-interns must be of good health and free from any debilitating
illnesses;

4. PAMANTASAN NG LUNGSOD NG MAYNILA and the student-interns


holds The Internship Partner free and harmless from any liability on
account of injury or damage occasioned by the acts or negligence of the

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student trainee without the fault and negligence of The Internship
Partner;

5. The student-interns 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. Moreover, the student-interns acknowledge that they are
accountable for laptops, and other company equipment issued/loan to
them.

6. The Internship Partner shall not be responsible for any resulting injury,
illness, death, or loss (including personal items or otherwise) which the
student intern may sustain or suffer in the performance of their duties and
functions under the Internship Program that is not attributable to willful or
grossly negligent act of the personnel of the former.

7. Both PAMANTASAN NG LUNGSOD NG MAYNILA and The Internship


Partner have the right to pre-terminate the on-the-job training if the
student trainee does not show the required interest, maturity or discipline
during the training period, or if there is a serious misconduct of the
student trainee;

8. It is expressly understood by The University and the student-interns that


all information on technology, manufacturing process, process
standards, quality assurance methodologies, quality standards,
production capabilities, raw material purchasing, marketing, finance,
accounting and all other related documents, information, manuals, and
operational or technical matters, including personal and sensitive
personal information that The Internship Partner shall make available
to them shall be used for the sole purpose of student training and are
classified as confidential in nature and proprietary to The Internship
Partner. The student-interns hereby undertake to prevent any transfer of
such information to any party outside of The Internship Partner without
its knowledge and written consent;

9. The student trainee expressly gives his consent to this Agreement;

10. Both The University and The Internship Partner agree to data privacy
protection pursuant to the Data Privacy Act of 2012. Moreover, all student
interns shall be required to sign the data privacy consent with The
Internship Partner at the time of their engagement;

11. Any intellectual property owned by the parties prior to this agreement
shall continue to be owned by them. The student–interns and The
University cannot use any confidential information or data from The
Internship Partner or its clients to create intellectual property without the
express written approval of The Internship Partner.

D. Duration of the Program

This AGREEMENT shall hold for the duration of the School Year 20__ - 20__ of
PAMANTASAN NG LUNGSOD NG MAYNILA, and is automatically renewable
every year, provided that The Internship Partner and PAMANTASAN NG
LUNGSOD NG MAYNILA reserve their respective rights to withdraw their
participation in this agreement upon written notice.
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E. GOVERNING LAW

This Agreement shall be governed by and construed according to the laws of the
Republic of the Philippines.

IN WITNESS WHEREOF, both parties have signed this Memorandum of Agreement on


the date and place above written.

BY: PAMANTASAN NG LUNGSOD NG BY: [COMPANY NAME]


MAYNILA

EMMANUEL A. LEYCO [NAME OF REPRESENTATIVE]


University President [Position]

Signed in the Presence of:

Representative of the University Internship Partner Representative

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ACKNOWLEDGMENT

Republic of the Philippines ( S.S.


City of ___________ )

On this _____ day of ____________ 2023 personally appeared before me, a


Notary Public in and for the city of __________, the following persons:

GOVERNMENT
NAME ISSUED I.D. DATE & PLACE ISSUED

all known to me to be the same persons who executed the foregoing document and
acknowledgement that the same is an act of their free and voluntary will and deed.

IN WITNESS WHEREOF, I hereunto sign this document and affix my seal of office
on this date and place aforementioned.

NOTARY PUBLIC

Doc. No.
Page No.
Book No.
Series of 20__

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