MEMORANDUM OF AGREEMENT FOR WORK IMMERSION PARTNERSHIP

This Memorandum of Agreement is entered into this 12th of November, 2019 in by and
between:
The HYRONS COLLEGE PHILIPPNES, INC., with School Identification Number 456030
a private high school, with principal address at Sto. Niño, Tukuran, Zamboanga del Sur,
represented in this Agreement by its OIC Principal, NERILYN M. BALBESTAMIN,
filipino of legal age, and hereinafter referred to as the SCHOOL;

-and-

The SPAMPI Fishing Corp. duly constitute and registered in the Philippines, with
principal address at Sto. Niño, Tukuran, Zamboanga del Sur, represented in this
Agreement by its General Manager ANDROCLES PEPITO, filipino of legal age, and
hereinafter referred to as the “COMPANY”,

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 COMPANY;

WHEREAS, the COMPANY 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 COMPANY considers 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 institutionalization and implementation of the K to 12 programs is

among the priority programs of the Government for promoting inclusive growth;

WHEREAS, the COMPANY is encouraged to fully support the successful implementation

of the K to 12 Program of the Department of Education as stated in Paragraph 4, Section
2 of the Republic Act 9155 or “Governance of Basic Education Act of 2001”;

WHEREAS, the COMPANY recognizes the need for a work immersion environment that
is safe for students and teachers, and conducive to learning, and has the capability to
provide these;

WHEREAS, the SCHOOL and the COMPANY, hereinafter collectively referred to as

“PARTIES”, undertake to collaborate towards the successful implementation of the
Senior High School in the Barangay/Municipality/City/Province 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 PARTIES 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. Gain relevant and practical industrial skills under the guidance of industry
experts and workers;
2. Appreciate the importance and application of the principles and theories taught
in the classroom;
3. Enhance their technical knowledge and skills;
4. Prepare them to meet the needs and challenges of employment,
entrepreneurship, or higher education after their graduation.

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 COMPANY 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 the SCHOOL and the COMPANY,
allowing the students, faculty, and staff of the schools concerned will be allowed
the use of and access to the COMPANY workplace and equipment as part of their
Work Immersion Program.

II. RESPONSIBILITIES OF THE PARTIES

A. Joint Responsibilities
Both the SCHOOL and the COMPANY 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 pertaining to child protection (See
Annex A).

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 student during the whole duration of the work immersion inside the
COMPANY.

6. Formulate local school work immersion policies and guidelines on selection,

placement, monitoring, and assessment of student (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)

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 COMPANY.
3. Designate a person who will be in-charge of coordinating with the COMPANY and
supervising the activities of the students for the duration of the work immersion
program.
4. 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.
5. 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.
6. Provide the COMPANY evaluation tool for the students’ impression performance.
7. Issue a final grade to the student upon completion of the requirements within a
prescribed period.
8. Ensure that the student will adhere to the non-disclosure policies of the
Municipality/City/Province as agreed to by the School. (See Annex F)
9. Provide signed Consent forms from the parents as applicable. (See Annex G)
10. Provide the COMPANY a Certificate of Participation in the SHS Program for
whatever purpose it may serve.
11. Execute a deed of acceptance as a way of recognizing and acknowledging the
donation/s received from the COMPANY.

The COMPANY shall:

1. Assign a competent Immersion Coordinator from the COMPANY 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 student to be deployed to the different sections/departments/project
sites of the COMPANY based on the Work Immersion Daily Schedule of Activities.
5. Agree to the required number of hours of the immersion program set under the
DepEd SHS curriculum. (See Annex D)
6. Provide immersion opportunities for <number of students> students for School
Year 2016-2017. (See Annex C)
7. Provide students with an orientation about the COMPANY, the job as well as
expose them to the various stakeholders of the community in which it operates
for the students to get a holistic understanding of the COMPANY.
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.

III. EFFECTIVITY
This agreement shall hold for the duration of the <from year-to-year> Academic
School Year and is renewable every year. The COMPANY and the SCHOOL shall
submit their intention for renewal of this agreement through formal notice within
thirty (30) days before expiration of this Agreement.

The COMPANY and the SCHOOL reserve their respective rights to terminate their
participation in the agreement after the duration of this 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.
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 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 COMPANY 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 COMPANY shall make available to them shall be used for
the sole purpose of student training. Al of these matters are classified as confidential
in nature and proprietary to the COMPANY and thereby each student hereby
undertakes to prevent transfer of such information by any of its members to any
party outside of the COMPANY (See Annex F).
 VI. OTHER PROVISIONS
It is expressly understood by the PARTIES that the COMPANY is not obliged to
pay wage or salary since there is no employer-employee relationship that exists.
However, the COMPANY 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:

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 qualifies graduates may be considered for employment.

FOR THE SCHOOL: FOR THE COMPANY:

DIANALYN C. PAUBSANON, LPT, MA ANDROCLES PEPITO

School-In-Charge SPAMPI, General Manager

WITNESSED BY:

NERILYN M. BALBESTAMIN MICHELLE T. COLA

JHS & SHS Officer-In-Charge Trainer, SMAW