Annex A
MEMORANDUM OF AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This Memorandum of Agreement made and entered into by and between:
GILDEAN Engineering Services an enterprise duly organized and existing under and
by virtue of the laws of the Philippines, with business/office address located at San
Marcelino, Zambales hereinafter referred to as “PARTNER ENTERPRISE”, represented
herein by its Proprietor, LAWRENCE DEAN B. GARCIA
-and-
Philippine Academy of Technical Studies Inc. a Technical Vocational Institution (TVI)
private, non-stock non-profit organization duly registered with Securities and Exchange
Commissioin with address at Pilar Shopping Arcade, National Road, Panilao, Pilar,
Bataan hereinafter referred to as the “TVI” represented herein by its President,
JONALIZA D. GUTIERREZ.
WITNESSETH THAT
WHEREAS, THE ESTABLISHMENT, in the exercise of its corporate social
responsibility, promotes and supports technical vocational education and training
(TVET) and finds the existing program offering of the TVI using the Dual Training
System (DTS) in line with such purpose as well as its own manpower development
program;
WHEREAS, pursuant to such objective of improving the quality of life of the Filipino
workforce through the development of technical skills and proper work values/attitudes,
the PARTNER ENTERPRISE has expressed its willingness to partner with the TVI and
accept students/trainees to undergo the required in-plant training.
NOW, THEREFORE, for and in consideration of the foregoing premises and of the
terms hereinafter provided, the parties hereby agree to execute this Memorandum of
Agreement under the following terms and conditions:
Section 1. The TVI and the PARTNER ENTERPRISE to establish a training
partnership under the Dual Training System and jointly apply for accreditation with
TESDA for the program in Massage Therapy NC II;
Section 2. As part of the partnership, the TVI and the PARTNER ENTERPRISE
agrees to undertake the following functions and responsibilities:
A. The PARTNER ENTERPRISE shall:
1. Undertake to carry out in-plant training for the students/trainees nominated
by the TVI in accordance with the Training Plan jointly worked out by the
PARTNER ENTERPRISE and the TVI following a scheme of Dual
Training System and within the training schedule specified hereto attached
as ANNEX “A”.
2. Assign personnel to train and guide the students/trainees, make
recommendations regarding discipline and proper behavior and determine
the proficiency of the students/trainees in specific trade or craft;
3. Provide the students/trainees with the necessary tools and materials
required during the training;
4. Designate/appoint a TRAINING COORDINATOR to represent the
PARTNER ENTERPRISE in all meetings with the TVI in connection with
the implementation of DTS and other related concerns;
5. Remit to the TVI the amount of Six Thousand Pesos
(P 6,000.00) per student/trainee per month for the student/trainee’s
training allowance.
6. Provide the students/trainees’ insurance policy during their in-plant
training; and
7. In addition to the above, compliance with the applicable provisions of
Republic Act 7686.
B. The TVI shall:
1. Facilitate the processing of the accreditation of the TVI and the
PARTNER ENTERPRISE with TESDA and furnish the PARTNER
ENTERPRISE with a copy as evidence of its compliance therewith;
2. Recommend students/trainees who will undergo the in-plant training
in the PARTNER ENTERPRISE;
3. Designate/appoint a TVI Industrial Coordinator who will be
responsible for:
a. Meeting regularly with the PARTNER ENTERPRISE Training
Coordinator;
b. Orienting the students/trainees about proper attitude and
behavior to be observed within the company site;
c. Monitoring and evaluating the performance of students/trainees
in the PARTNER ENTERPRISE during the in-plant training;
d. Conducting monthly visit at the training station/workplace of the
PARTNER ENTERPRISE to monitor the status of the program;
4. Undertake the in-school training by conducting theoretical subjects
and laboratory practice related to the approved curriculum and
Training Plan jointly developed with the PARTNER ENTERPRISE;
5. Exercise due care and diligence in the selection and supervision of
the trainees in order that injury, damage or loss of person(s) and
property within the PARTNER ENTERPRISE premises will be
avoided;
6. Pay the students/trainees their daily allowance from the training
allowance paid to them by the PARTNER ENTERPRISE;
7. Ensure that the students/trainees undergo competency assessment
after completion of their training;
8. Issue a Certificate of Training to DTS student/trainee upon
completion of the training; and
9. In addition to the above, comply with the applicable provisions of the
Republic Act No. 7686 (DTS Law).
Section 3. The TVI and the PARTNER ENTERPRISE further agrees that for the
duration of the in-plant training of the TVI’s students/trainees, the following shall be
observed:
1. There is no employer-employee relationship between the PARTNER
ENTERPRISE and the students/trainees. Neither is the
accommodation given by the PARTNER ENTERPRISE in allowing the
students/trainees to undergo in-plant training be considered as a
guarantee for employment with the PARTNER ENTERPRISE upon
completion of the program;
2. The PARTNER ENTERPRISE is not obliged to pay the
students/trainees compensation of any kind, other than the grant of the
training allowance during the in-plant training herein elsewhere
provided;
3. The students/trainees and the TVI shall abide by the PARTNER
ENTERPRISE’S rules and regulations and with those imposed for the
program, otherwise, they shall be excluded from further participation
therein;
4. The PARTNER ENTERPRISE reserves the right to refuse acceptance
of any students/trainees nominated or recommended by the TVI and
discontinue the training of any such trainee on reasonable grounds
after written notice to the TVI;
5. The TVI may pull-out any students/trainees from the PARTNER
ENTERPRISE on reasonable grounds after it has sent a written notice
of such pull-out;
6. The PARTNER ENTERPRISE may extend the in-plant training of
students/trainees who have exceeded the allowable number of training
hours, subject to the approval of the TVI.
Section 4. That all business and technical information, data, software and related
documentation, in whatever form provided, recorded or unrecorded (hereinafter
collectively referred to as “information”) which the PARTNER ENTERPRISE may furnish
or has furnished TVI and the students/trainees shall be:
1. used solely for the purpose for which it was furnished;
2. treated in strict confidentiality and the students/trainees cannot without
the consent of the PARTNER ENTERPRISE, be examined as to any
communication made to them in the course of training;
3. not be reproduced, except as necessary for its authorized use; and
4. returned (if in tangible form) together with all copies thereof when
demanded by the PARTNER ENTERPRISE or when no longer
needed.
Section 5. This Agreement shall take effect on September 1, 2014 and shall
continue to be in effect unless terminated by either party by giving the other party a
written notice of its intention to terminate the Agreement at least thirty (30) days prior to
the intended date of termination. Any provision of this Agreement may be amended
only with the written consent of both parties herein.
IN WITNESS WHEREOF, the parties have signed these presents on this
________day of __________________, 20___ at ________________________
TVI PARTNER ENTERPRISE
By: By:
JONALIZA D. GUTIERREZ LAWRENCE DEAN B. GARCIA
SIGNED IN THE PRESENCE OF:
_______________________________ ____________________________
ACKNOWLEDGEMENT
REPUBLIC OF THE PHILIPPINES)
) s.s.
BEFORE ME, a Notary Public for and in __________________,
personally appeared:
NAME CTC. NO. DATE/PLACE OF ISSUE
Known to and to me known to be the same persons who executed the
foregoing instrument and they acknowledged to me that the same is their
free and voluntary act and deed as well as that of the entities they
respectfully represent.
This instrument refers to a Memorandum of Agreement between
GILDEAN ENGINEERING SERVICES and PHILIPPINE ACADEMY OF
TECHNICAL STUDIES INC. as the INDUSTRY PARTNER under the Dual
Training System in San Marcelino, Zambales. Consisting of four (4) pages,
including the pages whereon the acknowledgement is written and is signed
by the parties, and by two instrumental witnesses.
WITNESS MY HAND AND SEAL on the date and place first written above.
Doc. No. ________
Page No. ________
Book No. ________
Series of ________
