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MEMORANDUM OF AGREEMENT

(ON-THE-JOB TRAINING PROGRAM)

This Memorandum of Agreement (the “Agreement”) is made and executed between:

RAMON MAGSAYSAY TECHNOLOGICAL UNIVERSITY, a non-stock, non-profit educational institution of


higher learning, organized and existing under the laws of Republic of the Philippines, with principal office
address at Iba, Zambales, represented by its Campus Director, DR. ELVIRA D. MAGNO, who is duly
authorized to represent in this transaction, herein referred to as “University”.

-and-

NEW MASINLOC HENRY’S CONSTRUCTION & SUPPLY , a private company with its address at National
Road, Inhobol, Masinloc Zambales, represented herein by its Owner and General Manager, MR. HENRY V.
HAO, herein referred to as the “Company”;

University and Company, individually referred to as the “Party”, and together, the “Parties”.

RECITALS:

WHERAS, the University is offering the On-the-Job Training Program to qualified students who will
undergo industry exposure to form part of the requirements of the program prior to graduation in order to
become adequately familiar to the actual industrial operations and management, thereby augmenting their
formal training;

WHERAS, the Company recognizes the need to proactively help in the development of the
Engineering Education and other Science Related Courses in the country.

WHEREAS, the University proposes to have its qualified engineering students undergo their on-the-
job training at the Company’s offices, construction sites, and associated facilities.

WHEREAS, the Company accepts the proposal of the University, subject to the terms and
conditions provided for in this Memorandum of Agreement.

NOW THEREFORE, for and in consideration of the foregoing premises, the University and the
Company agree and stipulate the following:

SECTION 1. The University’s Responsibilities

1.1 The University shall designate an OJT Program Coordinator (per engineering course) who will supervise
the OJT Program and shall coordinate with the Company’s authorized representative on various
activities and all matters related to the OJT Program.

1.2 The University shall pre-screen and recommend to the Company the qualified students who will undergo
the training in the Company Complex, subject to the standards and requirements set by the Company.

The University shall submit to the Company the list of candidates for the OJT Program, at least two (2)
months prior to the commencement of the training schedule with the following required documents:

1.2.1 Information sheet / Resume with 2x2 ID picture


1.2.2 A certified true copy of Summary of Grades/Evaluation of Grades

These documents will be the bases for the selection of the trainees

1.3 The University, upon receiving the official list of selected trainees, shall submit to the Company thru the
applicants/ trainees the following documents:

1.3.1 School registration for the current Semestral Period


1.3.2 Waiver signed by a parent or guardian
1.3.3 Insurance Coverage Certificate (Certification to be issued by the University and known as the
GROUP ACCIDENT & HEALTH PROTECTION PROGRAM)
1.3.4 Certificate of Good Moral Character

The parties agree that no candidate shall be accepted by the Company to the OJT Program, unless
he/ she has complied with all of the above-listed documents.
1.4 The University, together with the qualified OJT trainees and the parents concerned, renounce and waive
any claims against the Company for any injury that the OJT trainees may sustain or loss that they suffer,
financial otherwise, arising from negligence in the performance of their duties and functions while under
training and not, otherwise, attributable to the fault or negligence of the Company or any of its
employees, officers, directors, representative, partners or affiliates. The executed waiver of the OJT
trainee and their respective parents and the Insurance Coverage Certificate shall be submitted to the
Company prior to the commencement of the OJT.

1.5 For the entire duration of the OJT Program, the University (i) shall, from time to time, monitor the training
progress in accordance with the training schedule, (ii) shall coordinate directly with the Company’s
program representative and (iii) may visit the Company’s plant, facilities and offices for actual monitoring
of the progress of the OJT Program and the OJT trainees.

SECTION 2. The Company’s Responsibilities

2.1 The Company has the sole and exclusive right to determine and accept who are eligible to participate in
the OJT Program and the number of qualified OJT trainees from the University.

2.2 Upon receiving the list of recommended candidates for the OJT, the Company shall screen and select
the trainees for OJT Program in the Company Complex and shall provide the University of the list of the
selected candidates.

2.3 The Company shall ensure that the selected candidates submit/comply with all the requirements/
documents set in Section 1 and shall coordinate with the University representative on all preparations
prior deployment to the Company Complex.

2.4 The Company shall provide an OJT orientation at the start of the training period. This orientation shall
include, but not be limited to: Company rules and regulations/disciplinary actions; plant and personnel
safety and security plan and rules; emergency preparedness and contingency plan; major plant
programs & general initiatives; and others.

2.5 The Company shall assign each OJT trainee to his/her designated area of assignment and shall appoint
his/her OJT training coach for the duration of the OJT Program. The Company shall, on its best effort,
provide the necessary learning experiences to the OJT trainee.

2.6 This Agreement may be terminated for convenience by the Company upon 30-day prior written notice to
the University coordinator. For avoidance of doubt, participation in the OJT Program neither imply nor
guarantee any future employment in favor of the trainees. In case the trainee completes the OJT
Program, the Company is not obliged to hire the trainee. However, the Company has the option to hire if
it so desires.

2.7 The Company reserves the right to discontinue the participation of any trainee in the OJT Program
based on reasonable grounds after providing a written notice to the University and the OJT trainee.
Such discontinuation shall take effect fifteen (15) days after the receipt of the said notice. The
reasonable grounds that may cause the termination of a trainee are the following:

2.7.1 Habitual absenteeism;


2.7.2 Willful disobedience of Company rules or insubordination to lawful order of a superior;
2.7.3 Poor physical condition, permanent disability or prolonged illness which incapacitates
the trainee from working;
2.7.4 Theft or malicious destruction of Company property and / or equipment;
2.7.5 Poor efficiency of performance on the training for a prolonged period despite warning
duly given to the trainee, and
2.7.6 Engaging in violence or other forms of gross misconduct inside the Company’s
premises.

2.8 The Company shall ensure that during the training period, the OJT trainee will be provided with the
following:

2.8.1 OJT Program/Schedule that shall be followed during the period.


2.8.2 Course-related work assignments and learning experiences on actual operations and
management of the manufacturing plant, and his specific area of assignment.
2.8.3 Experience the actual technical problems that allow them to use/apply their academic
knowledge.
2.8.4 Safe, secured and properly guided by his mentor/training coach.
2.8.5 Daily training allowance of ______ pesos (php _____) with a minimum of 8 hours training.

2.9 The Company shall coordinate directly with, and inform the University representative or coordinator on
any matters or problems arising during the course of the training period.

2.10 Prior to the end of the training period,the Company shall require the trainee to undergo an OJT
Performance Evaluation (supervised by his/her training coach) which may consist of written report or
daily time accomplishment report, and other activities that will assess the trainee’s performance during
the training period.

2.11 The Company shall prepare the (i) OJT Performance Evaluation Summary, (ii) OJT Training
Certificate, and submit it to the University together with any forms required by the University in
connection with the OJT Program.

SECTION 3. Reports

3.1. Each OJT trainee shall deliver to the Company detailed written reports and documentation as may be
periodically required by the Company. Each OJT trainee’s report to the Company shall include all work
or services/activities completed to date, including any results and ideas, developments, or inventions
derived, conceived to practice during the course of the trainee’s performance under this Agreement and
shall be supported by appropriate documentation such as graphs, computer programs, formulae,
sketches, drawings, summaries and the like.

3.2. The work product of OJT trainees including results, and all ideas, developments and inventions during
the course of its training under this Agreement shall be the exclusive property of the Company. All
Company propriety information shall not be disclosed to anyone outside of the Company or used by
trainee or others without the prior written consent of the Company.

3.3. In the event the OJT trainee, during or after this Agreement, but prior to OJT trainee’s execution of a
similar Agreement with a third party, develops additional ideas not investigated hereunder but within the
scope of this Agreement, trainee shall communicate the ideas to the Company and allow the Company
the right of first refusal to utilize trainee’s works to develop these additional ideas to the Company.

SECTION 4. Effectivity and Term

This Agreement upon signing hereof shall be effective on April 24, 2017 to June 05, 2017 provided
however that any provision of this Agreement may be amended by written consent of both Parties herein.
Either the Parties may terminate this Agreement at any time by serving at least fifteen (15) day prior written
notice to the other Party.

SECTION 5. Miscellaneous Provisions

5.1 It is expressly understood that there will be no employer-employee relationship between the Company
and the trainee of the University.

5.2 The trainee will be personally responsible for any and all liabilities for damage to property or injury to
third parties, which maybe intentional or due to his fault or negligence in the course of the OJT Program
which is not due to the fault or negligence of the Company or any employees, officers, partners,
directors or representative of the Company.

5.3 The OJT trainee shall abide by the Company’s rules and regulation and shall comply with those
specifically imposed for the OJT Program; otherwise, they shall be excluded from further participation in
the OJT Program.

5.4 The University may pull out or recall any OJT trainee from the Company based on reasonable grounds
after a written notice requesting such pull-out. The written notice shall take effect fifteen (15) days after
the receipt of the said notice by the Company. The reasonable grounds that may cause the termination
of the OJT Program of the Company are the following:

5.4.1 The training/ working environment is very poor/ very hazardous even with the proper
use of personal protective equipments (PPE’S) or proper recognition of safety
regulations thereby directly endangering/ compromising the trainee’s safety/ life;
5.4.2 Abusive workloads or responsibilities that does not befit a trainee but that of a regular
employee or subjecting the trainees to non-course related work experiences against their
own free will;

5.4.3 Verbal and physical abuse/ harassment of the trainees by employees of the company
which are demoralizing to the over-all well being of the trainee; and

5.4.4 Serious illness attested by a certified medical doctor incapacitating the trainee from further
training.

5.5 Nothing contained in this Agreement shall be understood, however construed, to mean the
establishment between the Company and the University of an association, trust, employer-employee
relationship, partnership, joint venture or any other business entity, or the imposition of any similar trust
or partnership on either Party. Neither Party nor any of its employees is or shall be deemed to be an
employee of the other Party.

5.6 Any change in the provisions and other terms and conditions to this Agreement shall be made in writing
and duly signed and acknowledge by the herein Parties.

IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective
duly authorized officers at _____________________ and on _________________2017.

RAMON MAGSAYSAY TECHNOLOGICAL NEW MASINLOC HENRY’S CONSTRUCTION &


UNIVERSITY SUPPLY

By: By:

_______________________________________ _______________________________________
DR. ELVIRA D. MAGNO MR. HENRY V. HAO
Campus Director Owner and General Manager

SIGNED IN THE PRESENCE OF:

______________________________________ ________________________________
ENGR. ABRAHAM A. ANTONIO, JR.
BSCE OJT Coordinator

______________________________________ ________________________________
ENGR. FERDINAND D. TABLIGAN
Dean, College of Engineering
ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES)


CITY of_________ )S.S.

BEFORE ME, Notary Public for and in the City of ____________ this__________ day of
______, 2017 personally appeared:

Name Government Issued ID Date of Issue/Place

1. DR. ELVIRA D. MAGNO _________________ ____________________


Campus Director
Ramon Magsaysay Technological University

2. MR. HENRY V. HAO _________________ ____________________


Owner and General Manager
New Masinloc Henry’s Construction & Supply

known to me to be the same person who executed the foregoing Memorandum of Agreement consisting of
six (5) pages and acknowledge to me that same is their free voluntary act and deed and that of the company/
entities they represent.

WITNESS MY HANDAND SEAL,on the place and date first above written.

Notary Public

Doc. No.___;
Page No.___;
Book No.___;
Series of 2017

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