MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Memorandum of Agreement is made and executed by and between

Technical Education and Skills Development Authority Municipal Training

Center- Lopez Quezon, a TESDA with office address at Brgy. Magsaysay
Lopez, Quezon represented by its Training Center Administrator, Ms. Phebe S.
Campeña and hereinafter referred to as MTC-LOPEZ.

AND
Queen Margarette Hotel (Philippines) Inc., a duly organized and existing
under and by virtue of the laws of the Republic of the Philippines with office at
Brgy. Bukuhan Lucena City Represented by its Department Manager Human
Resource Management and Administration (HRMA) Department, Ms. Mercy C.
Laudes and hereinafter referred to as the COMPANY.

WITNESSETH:

WHEREAS, the Dual Training System is an instructional delivery system of

technical vocational education and training that combines in-plant & in school
training based on a training plan collaboratively designed and implemented by
an accredited educational institution and business establishment in
accordance with RA 7686 also known as DTS Act of 1994.

WHEREAS, MTC- Lopez has program of Domestic Work NC II, and has the
capacity to implement the in–school aspect due to its TESDA accreditation,
extensive experience, trained manpower, facilities and equipment and technical
qualifications as required for under Dual Training System.

WHEREAS, the Company has the technology, facilities, equipment and

government accreditation to carry out in-plant training of DTS trainees of MTC-
LOPEZ.

WHEREAS, both parties recognize the need for a joint effort towards the
promotion of Dual Training System in the country through programs in

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making industry – responsive education and skills training accessible to the
Filipino youth as a step in the nation building thereby proving productivity
and improving lives.

NOW, THEREFORE, for and in consideration of the foregoing premises and

subject to conditional ties hereunder set forth, the parties involve hereto
hereby agree as follows:

1. GENERAL PROVISION

1.1 The Dual Training System is a training partnership between MTC-

LOPEZ and Company. MTC-LOPEZ is not a contractor, sub-
contractor or a manpower agency serving Company as a principal.
1.2 The trainee fall under the category of a students of MTC-SARIAYA.
No Employee – Employer relationship neither exists nor shall in
any manner is regarded to exist between the trainees and the
Company or between the Trainee and MTC-LOPEZ.
1.3 The course Domestic Work NC II will have duration of 9
months, of which three (3) months or its equivalent nominal
duration of Five Hundred Twenty Eight hours (528 hrs) is for the
school training and Six (6) months (1,248 hours) is for the in-plant
training.
1.4 The trainee will be governed by provision of MTC-LOPEZ student
Handbook Wherein the salient and applicable provision of the
Company
Rules and regulation and Code of Discipline and Conduct are
included.
1.5 That in as much as the students falls under the category of a
Trainee, MTC-LOPEZ shall impose the necessary disciplinary
action to the Trainees when required subject to due process,
depending on the attendant circumstances.
1.6 The trainees shall be paid with a training allowance of 75% of the
applicable minimum wage in the region for covering eight (8)
hours/day in accordance with the company’s working hour
schedule (7:30 AM– 4:30 PM) each day spent by the Trainees in the
Company. The said training allowance is paid by the company and
is subject to authorized deduction for any payment due to MTC-
LOPEZ as authorized by the Trainees. Any additional allowance or

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 benefits granted shall be considered as company generosity. The
detailed amount of the mutually agreed training allowance
including other benefits shall be specified in the Tripartite Training
Agreement.
1.7 In accordance with the DTS implementing Rules and Regulation,
Trainees shall be enrolled in group Insurance by MTC-LOPEZ.
1.8 MTC-LOPEZ and Company jointly declares that there may be
attendant risk to Health and Safety of the Trainee in the conduct of
training in the real environment. However the attendant risk are
properly address and mitigated if not totally eliminated by the
health and safety procedure including the proper use of personal
protective equipment provided the Trainees is diligent and
conscientious and observing those established health and safety
procedures including the proper use of issued personal protective
equipment. MTC-LOPEZ and Company shall not be held
responsible for any action/responsibility ,claim ,account damage
either in law or equity including but not limited to all claims or suit
for compensation, for injuries or sickness arising from/and in the
course of the training except for those covered by the group
insurance policy.

1.9 The liability of MTC-LOPEZ and/or Company in case of injury

and/ or death of the Trainee during training whether in school or
in-plant solely due to accident shall be limited to the amount of
group accident insurance coverage. MTC-LOPEZ and Company
shall be free from any liability or claim that may arise from
sickness that a trainee may experience during the course of the
training. However reasonable primary care and emergency services
will be provided in the clinic/s of MTC-LOPEZ and Company while
the trainee is on training.
1.10 A Tripartite Training Agreement shall be signed between MTC-
LOPEZ, Company and each Trainee and with the consent of their
parent or guardian in case of minor, before the commencement of
the DTS Training wherein the terms and conditions are specified.
The Tripartite Training Agreement shall be specified in ANNEX “A”.

1.11 The detailed screening and admission criteria which will be used in
attracting and qualifying the acceptance of applicant to the
program implementation in Company as mutually agreed upon by

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 MTC-LOPEZ and Company shall be specified in ANNEX “B”’
Screening and Admission Criteria and Requirements.
1.12 Upon graduation of successful completion of the Trainee of his
/her training and accomplishment of clearance of no financial,
property and document accountability to MTC-LOPEZ, Company,
at its sole option may have the privilege of first offer for
employment to the Trainee an appropriate position to the Company
at the appropriate full pay based on the standard pay scale of the
Company. No Trainee shall be absorbed by Company for
employment during the course of training

2. RESPONSIBILITIES MTC-LOPEZ

2.1 Ensure that the provision of this agreement are properly

implemented & coordinated in the company for the purpose of
ensuring high standard of training under the Dual Training
System.
2.2 Provide specific, general and occupation-related theoretical
instruction education values and human formation; basic common
competencies.
2.3 To submit to TESDA the prescribe report in the implementation of
the DTS program.
2.4 Design, implement, coordinate evaluate and constantly develop the
training plan jointly with the Company.
2.5 MTC-LOPEZ shall enroll the Trainees in group accident insurance
policy coverage effective on the start of their training.
2.6 Screen and qualify the trainee who will undergo training in
accordance with the mutually approved requirements as specified
in ANNEX B. –Screening and Admission Criteria.
2.7 Distribute to the trainees on a semi-monthly (evey 15 th and last
day of the month) basis following the schedule processing cut-off
schedules the training allowance receives from the Company net of
the authorized deduction due to MTC-LOPEZ, equivalent to 15%
from the training allowance to support the Dual Training System .

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 2.8 To ensure the high quality of instruction and training is carried –
out during the in-school training, willingly submit itself to periodic
audit of Company following an schedule and audit procedures
mutually agreed by the parties. Further MTC-LOPEZ shall willingly
submit to the periodic audit of TESDA.
2.9 Assign qualified industry coordinators (IC) who will closely monitor
the Trainees performance and discipline at Company. The IC will
keep the trainees performance log and will closely coordinate the
Company designated Training Coordinator addressing performance
and Discipline concern of the TRAINEES.
2.10 To send the assigned trainer to the company for trainers Training
immersion and Certification and/or Licensing, as may be
applicable, depending on the availability of resources by the
company.
2.11 MTC-LOPEZ having the supervisory jurisdiction over the Trainees
shall impose the necessary disciplinary action to the Trainees
through its committee on discipline while observing the due
process at all time based on the approved code of conduct and
discipline as stipulated in the MTC-LOPEZ student Handbook
where the salient and applicable rules and regulation of company
is included.
2.12 In the event that the Trainees commit an offense during the course
of his/her training at the Company , The MTC-LOPEZ shall inform
the company from time to time as circumstances warrant as to the
progress of the action taken against the Trainee.
2.13 Issue the certificate of graduation, and other graduation
credentials to the trainee upon completion of the Training program
and to distribute the Certificate of Industry Training issued by
Company to the Trainees upon accomplishment of the trainee of
his/her clearance of no financial, property and documentary
obligation and accountability to MTC-LOPEZ.

3. RESPONSIBILITIES OF COMPANY

3.1 Cooperate to ensure that the provisions of this agreement are

properly implemented and coordinated with MTC-LOPEZ for the

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 purpose of ensuring high standards of training under the Dual
Training System.
3.2 Cooperate to ensure that the trainees will acquire the necessary
training abilities; values & knowledge for the trainees are achieved
in accordance with the approved training plan.
3.3 Design, implement, coordinate and evaluate and constantly
develop the training plan jointly prepared by MTC-LOPEZ.
3.4 Make available, free of charge, the consumable materials and basic
hands tools & equipment necessary during the period of training
except for those that may be provided by MTC-LOPEZ as mutually
agreed upon.
3.5 Issue personal protective equipment to the Trainers to be worn
during the in-plant training period.
3.6 Designate a company qualified training coordinator to implement
the mutually agreed training plan to fulfill the goal of DTS and who
will closely coordinate with the MTC-LOPEZ designated Industry
Coordinator in monitoring Trainees performance while in the in-
plant training with the Company.
3.7 Allow the Trainee to attend the Industrial Values formation class
which could be held inside company premises at a schedule
mutually agreed between MTC-LOPEZ and Company. Further to
allow the Trainee to visit the school at least once a month at a
mutually agreed schedule.
3.8 Provide certification, if applicable to Trainees who would be
assigned special processes covered in the jointly approved training
plan.
3.9 The Company shall issue individual certificate of Industry
Trainings to the Trainees whether they have successfully
completed training or not. However, Company may indicate the
reason why the Trainee was not able to complete the in-plant
period and cover the actual duration of industry training.
3.10 The Company authorized representative shall accomplish the
monthly performance evaluation summary of trainees on a per
batch basis which would be submitted to MTC-LOPEZ Industry
Coordinator at the end of each month.
3.11 The Company Training Coordinator and HR department shall
inform Industry Coordinator and report in writing to MTC-LOPEZ
through the chairman of the Committee on Discipline when there

6
 are performance and discipline concerns with the Trainees. All
incidents involving Trainees shall be properly documented in line
with the due process requirements.
3.12 Allow the Industry Coordinator of MTC-LOPEZ to be present when
it conducts hearing and investigation wherein a Trainee is involved
in any case that would warrant Company investigation.
3.13 Provide emergency medical care and health services to the Trainees
undergoing in-plant training that needs medical attention following
the protocol reflected in ANNEX “C” – Emergency Medical Services
Protocol.
3.14 Company shall willingly submit to the pre-scheduled audit and
inspection of TESDA as may be required.
3.15 Pay the trainees through MTC-LOPEZ the mutually approved
training allowance and benefits on a semi-monthly basis, pursuant
to the mutually agreed cut-off processing schedule ( every15th and
last day of the month).

4. JOINT RESPONSIBILITIES OF MTC-LOPEZ AND COMPANY

4.1 Jointly ensure that the training and work area and procedure are
compliant with the high safety and health standard, and that the
personal protective equipment are provided and used in the course
of training , provided that Trainees undertake to comply with the
standard operating procedure and other establish health and
safety protocols.
4.2 MTC-LOPEZ and Company will share its human and material
resources towards the upgrading and continuous implement of the
program, methodology, its personnel and Trainers thereby
improving the quality and productivity of both institutions.
4.3 Jointly ensure that all concerns reported by the Trainees to MTC-
LOPEZ through the industry Coordinator and/or Committee on
Discipline such as but not limited to sexual harassment, immoral
conduct, verbal abuse, physical harm, insult and threat made by
the company employees will be properly addressed following the
established due process and the report of action taken by the HR
department of the Company will be forwarded to the Administrator
of MTC-LOPEZ.

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 4.4 Incidents involving Trainee/s which affect quality and productivity
will be jointly handled by MTC-LOPEZ and Company proactively
and order to come up with a solution that would avoid the
repetition of the same incident as well preventing the occurrence of
the new ones.
4.5 MTC-LOPEZ and Company mutually agree that the parties will not
accept any employee/s or former employee/s of each institution
who would be applying for any position unless there is an explicit
consent and documented endorsement from the other party.
4.6 MTC-LOPEZ and Company shall jointly ensure that their
employees treat their counterpart with utmost respect and
professional courtesy to constantly promote harmonious working
partner relationship.

5. TRANSFER OF TECHNOLOGY, MATERIAL, TRAINING MATERIALS, TOOLS

AND EQUIPMENT
5.1 Technology Training, equipment, Materials and Tools.
Equipment, materials and tools to be used during the training may
be transferred by Company to MTC-LOPEZ it the company would
allow based on the following conditions:
5.1.1 All equipment, tools and unused supplies transferred from
Company shall remain as the properties of Company and
shall be returned upon termination of this Agreement.
5.1.2 The MTC-LOPEZ will assign qualified trainers who will
undergo training and immersion within Company on a
specified period as may be determined by the training plan
provided the Company and jointly approve the activity. The
trainees will be trained in accordance with the training plan
that will be followed by the students under the
manufacturing skills as well as in the preventive and
corrective maintenance of the transferred tools, materials
and equipment of Company.
5.1.3 The MTC-LOPEZ will be responsible in maintaining the good
condition of the equipment and tools of Company through
diligent care and preventive maintenance.
5.1.4 Corrective Maintenance and repairs of defects or malfunction
as a result of ordinary wear and tear and/or in the ordinary

8
 course of the program shall be the responsibility of
Company.
5.1.5 In order to increase the Trainers competence, quality and
productivity, Company will advise MTC-LOPEZ of any
technology and system upgrade that has to be implemented.
MTC-LOPEZ will send qualified personnel to the Company to
undergo immersion and training involving the said
technology and system upgrade.
5.2 Training Materials, The Company shall provide the following
training materials to the MTC-LOPEZ provided that these materials
shall be used only and exclusively for the purpose of the
implementation of Dual training System at Company.
5.2.1 Job Standard
5.2.2 Manual on Company Rules and regulation
5.2.3 Other Training materials such as but not limited to process
videos, training modules, visual aids, etc as may mutually be
deemed necessary as circumstances warrant by MTC-LOPEZ
and Company.

6. MANPOWER REQUIREMENTS
6.1 Company will provide MTC-LOPEZ annual trainee demand forecast
to determine the specific number of trainees to be deployed by
MTC-SARIAYA to the Company at a given period to allow MTC-
LOPEZ to program training schedule.
6.2 In the event of sudden downsize in production, Company:
6.2.1 Will advice MTC-LOPEZ at least one month in advance in
order for MTC-LOPEZ to program the schedule of the
trainees undergoing in school training which may be affected
by the production downsizing that may be experienced by
the Company.
6.2.2 Trainee may not transfer to other industry partner as long as
enrolled in the Company, except for cases wherein company
decide to shorten the training period due to sudden
downsizing of production or other acceptable reasons
provided Company shall give its written consent to MTC-
LOPEZ to authorize the transfer of trainees to other Industry
partner of MTC-LOPEZ.
7. MUTUAL CONFIDENTIALITY AND NON-DISCLOSURE PROVISION.

9
 The parties shall not at any time or manner, either directly or indirectly,
reveal, disclose or communicate to any person, firm or corporation either in
written, oral, visual, audio, those produced by electronic media, or through
any other means any information relating to the business or trade of the
parties and the implementation of the DTS program which has come to its
knowledge by reason of this undertaking except in case wherein the parties
shall give its explicit consent.

8. ASSIGNMENT.

The Parties shall not assign, transfer, pledge or make other disposition of
the present Memorandum of Agreement or any part thereof or of any of their
rights, claims or obligations under the present Memorandum of Agreement
except with the prior written approval of the other Party. Any of the
aforementioned actions taken without such written approval shall not be
valid.

9. NON-WAIVER.

Any waiver by a Party of a breach of a provision of this Memorandum of

Agreement shall not operate or be construed to be a waiver of any other
breach of that provision or of any breach of any other provision of this
Memorandum of Agreement. A failure by a Party to insist upon strict
adherence to any term of this Memorandum of Agreement on one or more
occasion shall not be considered a waiver or deprive that Party of the right
thereafter to insist upon strict adherence to that terms or any other term of
this Memorandum of Agreement. Any waiver must be in writing and signed
by the Party against whom enforcement is sought.

10. NON-ESTABLISHMENT OF LEGAL PARTNERSHIP.

Nothing in this Memorandum of Agreement shall be construed as

establishing a legal partnership (such as, by way of clarification, partnership
liability), joint venture, agency, or other similar relationship between the
Parties. Neither nor anyone in their respective employ, shall be considered
an official, member of the staff or agent of either RTC-CALABRZON or
Company and shall not be entitled to any privileges, immunities,

10
 compensation or reimbursements, nor shall be authorized to commit MTC-
LOPEZ or Company any expenditure or other obligations.

11. AMENDMENT.

Any amendments to, modifications and/or revision of this Agreement, in

whole or in part, maybe made upon the initiative of MTC-LOPEZ or Company
and shall be valid and binding upon the written consent of the parties to the
Agreement.

12. DISPUTE RESOLUTION

12.1 Alternative Dispute Resolution and Venue. In case of dispute, the

parties agree to exhaust all means of alternative dispute resolution
including direct negotiation, mediation and arbitration and in case
of failure of the alternative dispute resolution procedures to submit
to the exclusive jurisdiction of the court of law in the Province of
Quezon.

12.2 Settlement of Disputes. In the event of a dispute, controversy or

claim arising out of or relating to the Memorandum of Agreement
or the non-observance, termination or invalidity thereof (a
“dispute”), the Parties shall use their best efforts to settle promptly
such dispute through direct negotiation. Any dispute that is not
settled within sixty (60) days from the dates Party has notified the
other Party of the nature of the dispute and of the measures that
should be taken to rectify it shall be resolved through consultation
between the executive heads of the Parties of their duly authorized
representatives. Each Party shall give full and sympathetic
consideration to any proposal advanced by the other to settle
amicably any matter for which no provision has been made or any
controversy as to the interpretation or application of the
Memorandum of Agreement.

13. NON-COMPETING PROVISION

13.1 In the implementation of the DTS program, MTC-LOPEZ shall not

engage in any partnership with any industry that is in direct

11
 competition with the interest or product of Company without its
written consent. This provision exempts existing industry
partnership of MTC-LOPEZ prior to the signing of this Agreement,
however MTC-LOPEZ shall strictly protect the interest and
confidentiality of both industry partners.
13.2 In the implementation of the DTS program, Company shall not
engage in any partnership with any academic institution or any
similar entity that is in direct competition, with partnership
without the approval of TESDA.
13.3 That this non-competing provision will be binding between MTC-
LOPEZ and Company during the validity of this Agreement and to
continue for a minimum period of three (3) years after the
termination of this Agreement.

14. GOVERNING LAW. This Agreement and the other documents required
hereunder shall be governed and construed, in all respects by the laws of the
Philippines.

15. SEPARABILITY. In case any provision of this Agreement is adjudged

unlawful or unconstitutional by a final judgment of a competent court, the
other provisions shall remain to be valid and effective.

16. EFFECTIVITY. This Agreement shall take effect immediately upon signing
hereof, and shall continue thereafter. Either party may terminate this
Agreement at anytime by serving a written notice indicating the compelling
reason for termination to the other party thirty (30) days prior the intended
date of termination.

IN WITNESS WHEREOF, the parties have signed this Memorandum of

Agreement this __th day of ___________ in the year of our Lord Two Thousand
___,

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TESDA MUNICIPAL TRAINING CENTER M Queen Margarette Hotel
LOPEZ (PHILIPPINES), INC

______________________________ _____________________________
PHEBE S. CAMPEŇA EDGARDO
ORNUM
MTC Administrator Department Manager
HRMA

SIGNED IN THE PRESENCE OF:

_________________________________ __________________________

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES

City OF LUCENA
PROVINCE OF QUEZON

Before me a notary public, this_______ day of _________20____ personally

appeared:

NAME RES. CERT. NO DATE OF PLACE OF ISSUE

ISSUE

13
Known to me and to me known to be the same person who executed the
forgoing instrument and acknowledge the same to be their free and voluntary
act and that of the institution they represent.

WITNESS MY HAND AND SEAL ON THE DATE AT THE PLACE FIRST ABOVE
WRITTEN

Doc.
Page No.
Book No.
Series of

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 ANNEX “A”

MTC-LOPEZ and Company

TRIPARTITE TRAINING AGREEMENT

-Company Dual Training System (DTS) Program

KNOW ALL ME BY THESE PRESENTS

This Agreement is made and executed this ____day of _________, 20__ at Brgy.
Magsaysay Lopez, Quezon, by and among:

[Name of Trainee], Filipino, born on [Date of Birth] residing at [Address of Trainee]

hereinafter referred to as the TRAINEE, who, if a minor, was assisted herein by
his/her parent/guardian [Name of Parent/Guardian], Filipino, of legal age and
residing at [Address of Parent/Guardian];

and

TESDA Municipal Training Center- Lopez (MTC-LOPEZ), a non-stock, non-profit

educational corporation duly organized and existing under Philippines Laws, duly
registered with the Technical Education and Skills Development Authority (TESDA)
with its corporate Headquarters at Brgy. Magsaysay Lopez, Quezon represented by its
Administrator PHEBE S. CAMPEŇA, hereinafter referred to as MTC-LOPEZ;

and

Z HOTEL and Restaurant, a establishment duly organized and existing under and by
virtue of the laws of the Republic of the Philippines with office at Brgy. Domoit Lucena,
City. Represented by its HRD Manager, Mr. Zhie C. Saavedra and hereunder referred
to as the COMPANY

Witnesseth: That

WHEREAS, the Dual Training System (DTS) is an instructional delivery system of

technical and vocational education and training that combines in-plant and in-school
training based on a training plan collaboratively designed and implemented by an
accredited dual system educational institution and business establishment in
accordance with RA 7686 also known as the DTS Act of 1994.

WHEREAS, MTC-LOPEZ is the copyright owner of the programs of certificate in

DOMESTIC WORK NC II, and has the capacity to implement the in-school aspect due
to its accreditation and government permit, extensive experience, trained manpower,
facilities, equipment and technical qualifications as required for under the Dual
Training System.

WHEREAS, Company has the technology, facilities, equipment, personnel and

government accreditation to carry out the in-plant training of the DTS trainees of
MTC-LOPEZ.

WHEREAS, both MTC-LOPEZ and Company recognized the need for a joint effort
towards the promotion of the Dual Training System in the country through the
Certificate in DOMESTIC WORK NC II, programs in making industry-responsive
education and skills training accessible to the Filipino youth as a step in the nation-
building, thereby improving productivity and improving lives.

WHEREAS, the TRAINEE has satisfied all the requirements and successfully passed
all the screening qualifications jointly established by MTC-LOPEZ and Company.

NOW, THEREFORE, for and in consideration of the foregoing premises, MTC-LOPEZ

and Company mutually agrees to allow the TRAINEE to undergo the DTS training
program subject to terms and conditions hereunder set forth:

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1. GENERAL PROVISIONS

1.1The Dual Training System is a training partnership between MTC-LOPEZ -

Company. MTC-LOPEZ is not a contractor, sub-contractor or a manpower
agency serving Company as a principal.
1.2The TRAINEE falls under the category of a student of MTC-LOPEZ. No
Employer-Employee neither exists nor shall in any manner is regarded to exist
between the TRAINEE and Company or between the TRAINEE and MTC-
SARIAYA.
1.3The TRAINEE is allowed to undergo the MTC-LOPEZ – Company DTS Training
Program in from [Start Date] to [End Date].
1.4Details of the in-school and in-plant training schedule are as follows:
1.4.1 Theoretical Instructions Maximum of 480 hours
1.4.2 Period of In-Plant Training Minimum of 6 months to a Maximum of __
months
1.4.3 Normal Daily Training Hours 8 hours a day, 1 rest day per week
1.4.4 Schedule of Training per day 8:00 am to 5;00 PM
1.5The TRAINEE shall strictly abide by the MTC-LOPEZ Student Handbook where
the salient provisions of the rules and regulations and code of discipline and
conduct of Company are integrated with the rules and regulations and code of
discipline of MTC-LOPEZ.
1.6MTC-SARIAYA retains the jurisdiction of supervision of the TRAINEE even
during the in-plant training period in Company Disciplinary measures that may
be imposed on the TRAINEE for violation of policies, rules and regulations and
Code of Conduct and Discipline of MTC-LOPEZ and Company shall be
administered by MTC-LOPEZ duly observing the established due process.
1.7This agreement is executed on pure goodwill of the Company and MTC-LOPEZ.
Hence, Company and MTC-LOPEZ reserve the right to terminate this Training
Agreement for acts of commission or omission of the TRAINEE that are
detrimental to the interests of Company and MTC-LOPEZ.
1.8Any in-plant training related complaint/s or questions arising from deployment-
related issues, whether be it by or from the TRAINEE or Company, the same
must be coursed strictly through the proper channels, in this case to the
Committee on Discipline through the Industry Coordinator/s.
1.9If the TRAINEE fails to perform satisfactorily at any stage of his/her training,
the Department Manager and the Supervisor of Company, at their discretion,
may give the TRAINEE a grace period of one (1) month within which he/she
may improve his/her performance, simultaneously notifying the Industry
Coordinator of MTC-LOPEZ. If within this grace period the TRAINEE fails to
show any improvement, as determined by the Department Manager and the
Supervisor, as confirmed by the Industry Coordinator of Company through a
written notice shall endorse back to MTC-LOPEZ the TRAINEE for retraining.
The TRAINEE shall be retrained and intensively counseled before being re-
deployed back to Company Should the TRAINEE consistently failed to improve
his/her performance after the intensive interventions; the TRAINEE may be
terminated from the DTS program.
1.10 Upon graduation or successful completion of the TRAINEE of his/her
DTS training and accomplishment of clearance of no financial, property and
document accountability to MTC-LOPEZ, Company, at its sole option may have
the privilege of first offer of employment to the TRAINEE an appropriate position
in Company at the appropriate full pay based on the standard pay scale of
Company. No TRAINEE shall be absorbed by Company for employment during
the course of DTS training
1.11 In the event of sudden downsize of production requirements, Company
reserves the right to temporarily suspend or shorten the training period of the
TRAINEE, the remaining period of the training may be continued in MTC-
LOPEZ. MTC-LOPEZ may continue the remaining training period of the
TRAINEE in-campus with no training allowance to be paid to the TRAINEE or
he/she may be deployed with the other industry partners of MTC-LOPEZ.
However, should the TRAINEE completed six (6) months minimum training
period he/she may have the option to pay the remaining matriculation balance

16
 and complete all the necessary documentary requirements for him/her to be
declared a graduate.
1.12 In case of pregnancy during the course of the training, the TRAINEE
shall be placed immediately under maternity leave and the training suspended,
however, the TRAINEE will still be allowed to finish the training after giving
birth, in case of normal delivery, two (2) months after the delivery and in case of
caesarean section, three (3) months after the delivery;
1.13 MTC-LOPEZ and/or Company jointly declare that there may be
attendant risks to health and safety of the TRAINEE in the conduct of training
in real work environment. However, the attendant risks are properly addressed
and mitigated, if not totally eliminated by the established health and safety
procedures including the proper use of personal protective equipment provided
the TRAINEE is diligent and conscientious in observing those established health
and safety procedures including the proper use of the issued personal
protective equipment. Company and MTC-LOPEZ shall not be held responsible
for any action/responsibility, claim, account, damage either in law or in equity
including but not limited to all claims or suits for compensation for injuries or
sickness arising from or/and in the course of training unless it is established
that Company and/or MTC-LOPEZ are negligent in their acts. Accordingly, the
TRAINEE, his/her parent/guardian hereby waives any right in law or equity to
such claims or suit for compensation, for injuries or sickness arising from/and
in the course of the training except as those that are covered by the group
accident insurance policy.
1.14 The liability of MTC-LOPEZ and Company in case of injury and/or death
of the TRAINEE during the training whether in-school or in-plant solely due to
accident shall be limited to the amount of group accident insurance coverage.
MTC-LOPEZ and Company shall be free from any liability or claim that may
arise from sickness that a TRAINEE may experience during the course of their
training. However, reasonable primary care and emergency services will be
provided in the clinic/s of MTC-LOPEZ and/or Company while the TRAINEE is
on training.
1.15 In accordance with the DTS Implementing Rules and Regulations,
TRAINEES shall be enrolled in group accident insurance coverage by MTC-
LOPEZ.

2. TRAINING ALLOWANCE AND OTHER BENEFITS

2.1During the period of in-plant training, the TRAINEE shall receive from Company
through MTC-LOPEZ a training allowance equivalent to 75% minimum wage for
Region IV-A as a base amount for days spent in the Company, including work
performed during holidays and rest days where the trainee was required to
render extended training hours. Said additional allowance and shall therefore
be duly reflected in his/her pay data. Any amount in excess of the base amount
which may be given by Company shall be considered as generosity of Company.
2.2The Company through its generosity shall provide the following additional
benefits in accordance with Company compensation and benefits policy.
2.2.1 Additional Training Hours – for time rendered in excess of the normal
hours using standard formula and using the training allowance rate as
base rate.

2.3 The Company shall pay the training allowance directly to MTC-LOPEZ who in
turn shall manage the distribution or payment to the TRAINESS on a semi-monthly
basis through ATM account subject to processing cut-off period. The Training
allowance received from the company net of the authorized deduction due to MTC-
LOPEZ DTS Revolving Fund, equivalent to 15% from the training allowance

2.4The training allowance of a TRAINEE may be put on hold if the TRAINEE has been
charged with the offense that may merit dismissal and shall only be released when
the sanction is affirmed to be lower than dismissal. In case of abandonment of duty
by the TRAINEE, for whatever reason, the above mentioned training allowance
including the pro-rated end of training cash incentive shall be forfeited in favor of
MTC-LOPEZ and the trainee shall be held monetarily liable for the balance if any
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 for the cost of the entire training program for the whole period whether completed
or not.

2.5 Training Allowance should no longer be rendered in case of drop-out.

REPONSIBILITIES OF MTC-LOPEZ

3.1 Ensure that the provisions of this Training Agreement are properly implemented
and coordinated with Company for the purpose of ensuring high standards of training
under the Dual Training System.

3.2 Provide general and specific and occupation-related theoretical education and
practical skills training, environmental consciousness & protection and values
formation to the DPS TRAINEES.

3.3 MTC-LOPEZ upon commencement of the training shall enroll the TRAINEE in a
group accident insurance coverage which shall be effective until such time the
TRAINEE complete the in-plant training in MTC-LOPEZ.

3.4 Facilitate the application and insurance of the ATM account of the TRAINEE that
shall be the channel of distribution of the training allowance periodically.

3.5 Issue the Certificate of Graduation and other graduation credentials to the
TRAINEE upon successful completion of the training program and to distribute the
Certificate of Industry training issued by Company to the TRAINEES upon
accomplishment of the TRAINEE of his/her clearance of no financial, property and
documentary obligations and accountability to MTC-LOPEZ.

3.6 Design the training schedule at its sole option, taking into reasonable account the
manpower requirement schedule of Company.

RESPONSIBILITIES OF COMPANY

4.1 Cooperate to ensure that the provisions of this Training Agreement are properly
implemented and coordinate with MTC-LOPEZ for the purpose of ensuring high
standards of training under the Dual Training System.

4.2 Cooperate to ensure that the TRAINEE will acquire the necessary training abilities,
values and knowledge needed to be achieved in accordance with the approved training
plan.

4.3 Provide performance evaluation, assessment of TRAINEE to be submitted to the

Industry Coordinator of MTC-LOPEZ.

4.4 Provide occupation-related practical skill training, environment consciousness &

protection and values formation to TRAINEE in actual work environment in
accordance with the joint training plan. If deemed necessary and circumstances
warrant, the Company in coordination and cooperation with MTC-LOPEZ may
provide supplementary instruction to the TRAINEE.

4.5 Provide License and Certification, if applicable to TRAINEE who would be assigned
in special processes, provided that the said processes are covered in the jointly
approved training plan.

4.6 Company shall issue individual Certification of Industry Trainings to the TRAINEE
whether he/she have successfully completed the training or not. However Company
may indicate the reason why TRAINEE was not able to complete the in-plant training
period and to cover only the actual duration of industry training.

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Training program as stated in his/her certificate of enrollment including other
assessment that may have been charged to the TRAINEE.

5.1 The TRAINEE hereby allows MTC-LOPEZ to deduct P____ per day from the
training allowance paid by Company, and other payment due to MTC-LOPEZ such as
but not limited to graduation fee, insurance fee and additional set of uniform during
the initial deployment to the company at a payment schedule that shall be solely
determined by MTC-LOPEZ.
5.2 The TRAINEE hereby allows MTC-LOPEZ to withhold scholastic document such
as but not limited to Certificate of Diploma, Transcript of Records, Entry Level
Credentials, Transfer Credentials, Form 137 and Form 138, Company Certification of
Industry Training, among others including the end of training cash incentive for the
failure of the TRAINEE to ensure a clearance of no financial, property and
documentary obligations and accountability from MTC-LOPEZ and Company.

5.3 In case of liability arising from damage of loss to Company, MTC-LOPEZ or any
third persons caused by the negligent or malicious act or omissions in the course of
the training of the TRAINEE, responsibility for the damage shall be for the sole
account of the TRAINEE and jointly with his/her parents or guardians. Neither MTC-
LOPEZ nor Company shall be responsible for any liability arising from the negligent or
malicious act or omissions of hr TRAINEE.

5.4 The TRAINEE hereby expresses the willingness to be assigned on a shifting

schedule, including night shift in accordance with the work schedule of company.
Shifting schedule under ideal conditions are divided into three (3) shift, with payment
of extended training hours and night differential as circumstances warrant.
Requirement for extended training hours work will be dependent upon the needs of
Company. Further, the TRAINEE may not refuse to render over time work except
under reasonable and justifiable circumstances, which shall be dependent upon the
attendant circumstances and will be decided jointly by MTC-LOPEZ and Company on
a case-to-case basis.

5.5 the TRAINEE hereby expresses the willingness to be assigned in a specialized area
in accordance to his/her technical and physical competences as may be determined
by the jointly agreed training specialization of MTC-LOPEZ and Company.

5.6 in case of medical emergency of the TRAINEE or his/her immediate family, the
TRAINEE shall inform his/her superior in Company and MTC-LOPEZ of his/her
absence through telephone call or text messaging properly acknowledged by MTC-
LOPEZ or Company within the first hour of his/her absence. A TRAINEE who is
absent due to medical reason shall be required to present a medical certificate issued
by his attending physician upon reporting for work to certify his/her fitness to
continue training. In case the TRAINEE is unable to or is not yet physically fit to
continue his training. The clinic shall indicate the same on the medical certificate on
order to be excused.

5.7 The TRAINEE shall not disclosed to anybody any confidential information,
technology and trade secrets that are vital t the business of MTC-LOPEZ and
Company which may be in the form of Document/photo/video clip and other similar
technology related means the TRAINEE shall not be given access to such confidential
information and trade secrets for whatever purpose without the approval in writing of
the Human Resource Department of MTC-LOPEZ and Company.

5.8 The TRAINEE shall disclose to MTC-LOPEZ any Existing physical and mental
health condition that may affect his/her fitness to undergo the training program. Any
previously existing physical and/or mental health condition which are not disclosed
prior to the commencement of the training shall not be used as a valid ground for pre-
termination of this Training Agreement.
6. NON-WAIVER. Any waiver by a Party of a breach of a provision of this Training
Agreement shall not operate or be construed to be a waiver of any other breach of the
provision of any breach of any other provision of this Training Agreement. A failure by

19
a Party to insist upon strict adherence to any term of this Training Agreement on one
or more occasion shall not be considered a waiver or deprive that Party of the right
thereafter to insist upon strict adherence to that term or any other term of this
Training Agreement. Any waiver must be in writing and signed by the Part against
whom enforcement is sought.

7. SEPARABILITY. In case any provision of this Training Agreement is adjudged

unlawful or unconstitutional by final judgment of a competent court, the other
provisions shall remain to be valid and effective.

8. ASSIGNMENT. The parties shall not assign, transfer, pledge or make other
disposition of the present training agreement or any party thereof or any of their right,
claims or obligations under the present Training Agreement except with the prior
written approval of the other Party/ies. Any of the aforementioned actions taken with
out such written approval shall not be valid.

9. DISPTE RESOLUTION

9.1 Alternative Dispute Resolution and Venue. In case of dispute, the parties agree to
exhaust all means of alternative dispute resolution including direct negotiation,
mediation and arbitration and in case of failure of the alternative dispute resolution
procedures to submit to the exclusive jurisdiction of the court of law in the Province of
Batangas.

9.2 Settlement of Dispute. In the event of dispute, controversy or claim arising out of
or relating to the Training Agreement or the non-observation termination or invalidity
thereof ( a “dispute”) the parties shall use their best efforts to settle promptly such
dispute through direct negotiation. Any dispute that is not settled within Sixty (60)
days from the date a Party has notified the other party of the nature of the dispute and
of the measures that should be taken to rectify if shall be resolved through
consultation between the executive head of MTC-LOPEZ and Company or their duly
authorized representatives. Each Party shall give full and sympathetic consideration to
any proposal advanced by he other to settle amicably any matter for which no
provision has been made or any controversy as to the interpretation application of the
Training Agreement.

10. GOVERNING LAW. This Training Agreement and other documents required
hereunder shall governed and construed, in all respect by the laws of the Philippine.

11. AMENDMENT. Any amendment to, modification and/or revision of this Training
Agreement whole or in part, maybe made upon the initiative of MTC-LOPEZ or
Company and shall be valid and biding upon the written consent of all the parties to
this Training Agreement.

12. EFFECTIVITY. This Training Agreement shall take effect immediately upon
signing hereof, and shall continue thereafter until the successful completion of the
training by the TRAINEE, unless earlier terminated for a cause by the parties.

IN WITNESS WHEREOF, we our signature hereunto on this day of ________ day of

__________ 20 ______at Lucena City, Lucena

TRAINEE PARENT / GRUARDIAN.

________________________ _____ ____________________

Signature over Printed Name Signature Over Printed NamE

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 ANNEX “B”

SCREENING AND ADMISSION CRITERIA AND REQUIREMENTS

1. The following shall be the qualification standards that a trainee-applicant

must meet prior to acceptance in the MTC-LOPEZ and Company Dual Training
System:

1.1. Male or Female

1.2. 18 to 25 years old
1.3. High School graduate or an Alternative Learning System (ALS) Certificate
holder
1.4. Height – at least 5 feet for both male and female.

2. The following are the examinations and screenings that a trainee-applicant must
pass prior to the acceptance in the program:

2.1. Performance/Domestic work test

2.2. Aptitude Test
2.3. Psychological Test
2.4. Interview
2.5. Medical Examination

3. The following are the documentary requirements that a trainee-applicant must

submit prior to enrolment.

3.1. 4 pcs. 2 x 2 latest colored ID picture (white background)

3.2. 4 pcs 1 x 1 latest colored ID picture (white background)
3.3. 2 pcs photocopy of NSO-issued Birth Certificate
3.4. Original copy of High School Card or Form 138
3.5. Original copy of Transcript of Records or Form 137
3.6. Certificate of Good Moral Character
3.7. Transfer Credentials (for Transferees)
3.8. 1 pc Long Brown Envelope
3.9. Properly filled-up DTS Program Application Form
3.10. Properly filled-up Medical Survey
3.11. Duly-signed Tripartite Training Agreement, if a minor, Parent or
Guardian has to sign to give their consent.

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 ANNEX “C”

EMERGENCY MEDICAL SERVICES PROTOCOL

In the event that a Trainee who is undergoing In-plant training with Company may
require Emergency Medical Care that may be due to accident within Company or
within the immediate perimeter of the Company including the immediate period on the
way to report to duty at Company or on the way home from the Company after duty,
the following protocols shall be observed.

1. In case of Accident:

1.1. The Trainee shall be brought immediately to the Company Clinic for first
aid treatment and primary medical care.
1.2. If the extent of the Trainee’s injury would require hospital treatment or
admission, the Trainee will be brought to the hospital by the Company
Nurse and with the MTC-LOPEZ Industry Coordinator if the accident
happened during working hours.
1.3. The Company Nurse shall be responsible in informing the family or next of
kin of the Trainee as to the extent of the injury of the Trainee and if there
would b e a need for the Trainee to be admitted to the hospital or be
brought home after treatment.
1.4. In the event that the accident occurred after 10:00 pm and before 8:00 am
or during weekends or holidays, the Company Nurse shall inform MTC-
LOPEZ, through the designated Industry Coordinator about the accident
within the first hour of the next working day.
1.5. Company will initially advance all the incurred medical expensed brought
about by the treatment.
1.6. MTC-LOPEZ will reimburse Company the advanced amount upon receipt
of the billing notice complete with official receipts and other related
documents.
1.7. MTC-LOPEZ shall be responsible in filing for insurance claims against the
accident insurance policy.

2. In case of Sickness:

2.1. The Trainee shall be brought immediately to the Company Clinic for first
aid treatment and primary medical care.
2.2. If the extent of the Trainee’s sickness would require hospital treatment or
admission, the Trainee will be brought to the hospital by the Company
Nurse together with the present MTC-LOPEZ Industry Coordinator.
2.3. The Company Nurse shall be responsible in informing the family or next
of kin of the Trainee as to the extent of the illness of the Trainee and if
there would be a need for the Trainee to be admitted to the hospital or be
brought home after treatment.
2.4. In the event that the accident occurred after 10:00 pm and before 8:00
am or during weekends or holidays, the Company Nurse shall inform
MTC-LOPEZ through the designated Industry Coordinator about the
sickness within the first hour of the next working day.

2.5. Though it is Company who brought the sick Trainee to the hospital, the
cost of the treatment shall be borne by the Trainee and/or his parents,
guardians or next of kin and not Company nor MTC-LOPEZ.
2.6. In the event that there would be no parents or guardians or next of kin
who will shoulder the medical expenses incurred by the treatment of the
Trainee as he/she lives alone, Company may initially advance the
payment for the emergency medical treatment given.
2.7. MTC-LOPEZ will reimburse Company the advanced amount upon
receipt of signed authority to deduct by the Trainee and the official
receipts and other related documents.

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 2.8. The Trainee will pay MTC-LOPEZ the advanced amount via Training
Allowance deduction.

TESDA MUNICIPAL TRAINING CENTER Z HOTEL AND RESTAURANT

LOPEZ

______________________________ _____________________________
PHEBE S. CAMPEŇA ZHIE C. SAAVEDRA
RTC ADMINISTRATOR HRD Manager

SIGNED IN THE PRESENCE OF:

_________________________________ __________________________

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 ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES

LOCATION

Before me a notary public, this_______ day of _________20__ personally appeared:

NAME RES. CERT. NO DATE OF PLACE OF

ISSUE 1SSUE

Known to me and to me known to be the same person who executed the forgoing
instrument and acknowledge the same to be their free and voluntary act and that of
the institution they represent.

WITNESS MY HAND AND SEAL ON THE DATE AT THE PLACE FIRST ABOVE
WRITTEN

Doc.________________
Page No._____________
Book No._____________
Series of ____________

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