ANNEX D: MOA TEMPLATE FOR NGOs

24May2017
Non-Government Organization

MEMORANDUM OF AGREEMENT FOR WORK IMMERSION PARTNERSHIP

This Memorandum of Agreement is entered into this ______ of ________________ 20_____

in by and between:

The <NAME OF SCHOOL, with School Identification Number ___________________ a

public high school, with principal address at ___________________________represented in
this Agreement by its <Position>, <Name>, <nationality> of legal age, and hereinafter referred
to as the SCHOOL;
-and-

<NAME OF NONGOVERNMENT ORGANIZATION>, a duly registered nongovernment

organization operating under the laws of the Philippines, with principal address at
__________________________, represented in this Agreement by its Position>, <NAME>,
<NATIONALITY>, of legal age, hereinafter referred to as the "NGO".

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 nonformal 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, 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, 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, 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 NGO,
WHEREAS, the NGO 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 NGO 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 NGO recognizes the need for a work immersion environment that is safe for
the students and teachers, conducive to learning, and has the capability to provide these;
WHEREAS, the SCHOOL and the NGO, hereinafter collectively referred to as "the
PARTIES", undertake to collaborate for the successful implementation of the SHS in
<Municipality> 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, DepEd
was tasked to implement the K to 12 Program, essentially adding two (2) years of
specialization within the Basic Educational System;
DepEd designed the implementation of RA 10533 within the framework of increased.
community involvement in the Icarner's experience;
With this premise, 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 environment related to their field of specialization.
Specifically, the students are able to:
1. Appreciate the importance and application of the principles and theories learned in
school
2. Enhance their technical knowledge and skills
3. Enrich their skills in communications and human relations
4. Develop good work habits, attitudes, appreciation, and respect for work

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 NGO experts and practitioners in order to align the SHS program 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 exposing them to the actual
workplace setting.
4. To form Work Immersion Partnership between the SCHOOL and the NGO, allowing the
students, faculty, and staff of the schools concerned the use of and access to the NGO
workplace and equipment as part of their Work Immersion Program.

II. RESPONSIBILITIES OF THE PARTIES

A. Joint Responsibilities

Both the SCHOOL and the NGO 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, memorandums, and circulars, especially those pertaining to child
protection as provided for in the Guidelines for Work Immersion (Guidelines).

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 A and Annex C of the
Guidelines.)

5. Develop a Work Immersion Daily Schedule of Activities that will be followed by the
students during the whole duration of the Work Immersion in the NGO. (See Annex C
of the Guidelines.)

6. Formulate local school Work Immersion policies and guidelines on selection,

placement, monitoring, and assessment of students (Immersion participants), to ensure
that each student is assigned to an Immersion partner matched to his/her desired track,
qualifications, and aptitude.

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.

2. Make the necessary adjustments to contextualize the SHS subjects based on inputs
coming from the NGO.

3. Designate a person in charge of coordinating with the NGO and supervising the
activities of the students for the duration of the Work Immersion Program.

4. Provide insurance coverage for learners during the Work Immersion program.
 5. 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.

6. Monitor each student's progress throughout the duration of the entire work immersion
program 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.

7. Provide the NGO an evaluation tool for the students' Immersion performance.

8. Issue a final grade to the student upon completion of the requirements within a
prescribed period.

9. Ensure that the student will adhere to the nondisclosure policies of the NGO as agreed
to by the School.

10. Provide signed Consent forms from the students' parents as applicable.

11. Provide the NGO a Certificate of Participation in the SHS program for whatever
purpose it may serve.

12. Execute a deed of acceptance as a way of recognizing and acknowledging the

donation/s received from the NGO.

C. The NGO shall:

1. Assign a competent Immersion Coordinator from the NGO 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 students to be deployed to the different sections/departments/project sites of

the NGO 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 A of the Guidelines.)

6. Provide immersion opportunities for number of students students for School Year

7. Provide students with an orientation about the NGO, its line of business, and the work
its employees do, and expose them to the various stakeholders of the community in
which the NGO operates for the students to get a holistic understanding of its business.

8. Similarly ensure that students undergo training related to their course, and provide the
students with work or activities based on the activities listed in the prescribed template
for the Immersion Program of Activities (Annex C of the Guidelines).
 9. Make its workplace and facilities available to students and teachers, and shall similarly
take all necessary action to ensure the safety of students within their arcas of operation
at all times, which shall include, but shall not be limited to, the provision for Personal
Protective Equipment (PPE), if applicable. Ensure that the students will not be exposed
to hazardous materials and working environment throughout the duration of 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
of all requirements of the program.

12. Execute a deed of donation in favor of DepEd for the completed Work Immersion
Partnership.

13. Submit to the Adopt-A-School Program Secretariat all pertinent documents in support
of the amount specified/claimed for the tax exemption application of the NGO.

III. EFFECTIVITY

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

The NGO 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.

A material breach of the Work Immersion Guidelines and/or this MOA shall
constitute a ground for termination of the MOA, in whole or in part, by the aggrieved party,
without prejudice to other legal remedies.

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 NGO during the duration and
after the termination of this agreement.

V. NONDISCLOSURE 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 NGO shall make
available to them shall be used for the sole purpose of student training. All of these matters are
classified as confidential in nature and proprietary to the NGO and thereby cach student hereby
undertakes to prevent transfer of such information by any of its members to any party outside
of the NGO.

VI. OWNERSHIP OF OUTPUT AND INTELLECTUAL PROPERTY

Intellectual properties developed by the student as part of his or her regular Work
Immersion duties in the NGO and their corresponding copyrights and/or patents shail belong to
the NGO.

Intellectual properties developed by the student outside of his or her regular Work
Immersion duties in the NGO and their corresponding copyrights and/or patents shall belong to
the student, even if the student used the time, facilities, materials of the NGO, unless otherwise
stipulated in a separate agreement between the student and his or her parent or guardian and the
NGO.

The above provisions shall apply in proportion to the intellectual properties

developed by the student in case intellectual property is jointly developed by the student with
an employee or personnel of the NGO, unless otherwise stipulated in a separate agreement
between the student and his or her parent or guardian and the NGO.

VIL. OTHER PROVISIONS

It is expressly understood by the PARTIES that the NGO is not obliged to pay
wage or salary since no employer-employee relationship exists between them. However, the
NGO 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 that for
employment, and does not appear to be for that purpose. The screening only uses
criteria relevant for admission to an independent educational program.

8. Advertisements, posting, or solicitations for the program clearly discuss education

or training, rather than employment, although employers may indicate that qualified
graduates may be considered for employment.

FOR THE SCHOOL FOR THE NGO:

_________________________ _____________________________
<NAME> <NAME>
<POSITION> <POSITION>

WITNESSED BY:

______________________________ ________________________________

APPROVED BY

_____________________________
<NAME>
<POSITION>
<DEPARTENT>