STANDARD CONTRACT OF EMPLOYEMENT FOR LEARNERS KNOW ALL MEN BY THESE PRESENTS: This Agreement is made and entered

into by and between: ______________________., a domestic corporation duly organized and existing under and by virtue of the laws of the Republic of the Philippines with principal place of business at the ___________________________________ ____________________, with Certificate of TVET1 Program Registration NO. ________________________ and represented herein by _________________, _____________________, hereinafter referred to as Enterprise; - and _________________________, of legal age, Filipino, single/married, and a resident of _________________________, hereinafter 2 referred to as the Learner. WITNESSETH: that -WHEREAS, the Enterprise aims to provide a mechanism that will ensure availability of semi-skilled workers in industrial occupations which are nonapprenticeable by providing practical training on-the-job (OJT); WHEREAS, the Enterprise is engaged in the business of ________________________ all throughout the Philippines with complete and state-of-the-art equipment and facilities for training ________________________; WHEREAS, The Enterprise possesses the facilities and venue for _____________________________ who are willing to work on _______________________ in order to obtain basic working knowledge on the present filed;

Philippine Technical Vocational Education and Training Program Certificate issued by TESDA. If the learner is a minor then the learners parent or guardian must be made a witness to this agreement.
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Standard Contract of Employment For Learners WHEREAS, the Learner represents himself/herself as a person of good standing who has no prior record or pending administrative, civil or criminal case; WHEREAS, the Learner likewise represents that he/she is ready and willing to receive information and undergo all the necessary tests in order to obtain expertise, experience, skills, and aptitude; WHEREAS, the employment of the Learner does not in any way create unfair competition in terms of labor costs or impair or lower working standards; WHEREAS, the Enterprise on the basis of such representations by the Learner accedes to enter into this Agreement; WHEREAS, the parties have agreed to work together for their mutual advantage and benefit; NOW, THEREFORE, for and in consideration of the foregoing premises and of the mutual covenants and agreements herein contained, the parties hereto agree as follows:

Article 1 THE SERVICES 1. The Learner in order to acquire a basic working knowledge of this current field agrees to perform for the Enterprise the services listed in the Scope of Services attached as and made integral hereto as ANNEX A. Such services are hereinafter referred to as "Services." 2. The Learner likewise agrees to perform such services under the control and supervision of an instructor duly authorized by the Enterprise. 3. The Enterprise agrees that the Learner shall have be provided with ready access to its equipment, facilities and resources as necessary to perform the Services provided for by this contract. 4. In all other cases only those matters disclosed and exclusively prescribed by Enterprise or any of its duly authorized instructors shall be administered and/or performed by said Learner. Article 2 PROFESSIONAL FEE 1. The Enterprise agrees to pay t h e Learner for Services in the amount of PHP _____________ (_______________ Pesos) per month equivalent to 75% of the prevailing minimum wage prescribed by the Department of Labor. Article 3 HOURS OF WORK

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Standard Contract of Employment For Learners 1. The Learner shall be required to be present at the work area at exactly __________ (AM/PM) in order to receive his instructions for the workday until he is discharged at __________ (AM/PM). 2. The Learner can work overtime provided there are no regular workers to do the job but only with the assistance and direction of an instructor, in which case he shall be compensated for such and the time spent on overtime work is duly credited to his training hours. Article 4 LEARNERS LEAVE 1. Sick Leave the Learner is entitled to a sick leave of not exceeding _________ days, in which case he/she should immediately notify the Enterprise of the extent of his illness through phone or any other practical means. After getting back to health he shall be required to submit a medical certificate signed by the duly registered practicing physician who examined him/her during such illness. 2. Family Responsibility Leave the Learner shall be entitled to a Family Responsibility Leave not exceeding ____________ days. The Learner may make use of this leave only twice and within the duration of this Learnership Agreement. Article 5 RESPONSIBILITIES OF THE ENTERPRISE 1. Provide the Learner with appropriate training in the work environment to achieve the relevant outcome required by the Learnership; 2. Provide appropriate facilities to train the learner in accordance with the workplace component of learning; 3. Provide the Learner with adequate supervision at work;

4. Release the Learner during normal working hours to attend off-thejob education and training required by the Learnership program, if applicable; 5. Pay the Learner the agreed learning allowance (Salary), both while the Learner is working for the employer and while the learner is attending approved off-the-job training, if applicable; 6. Conduct on-the-job assessment, or cause it to be conducted;

7. Keep up to date records of learning and periodically discuss progress with the Learner; 8. Apply the same disciplinary, grievance and dispute resolution procedures to the Learner as to other employees. 9. Designate an instructor from its roster of regular employees to assist and train the Learner.

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Standard Contract of Employment For Learners 10. Conduct appropriate written and/or oral examinations to test and gauge the aptitude of said Learner. 11. Make full and timely payment(s) for Learner's services as set forth herein. Article 6 RESPONSIBILITIES OF THE LEARNER 1. Work for the Enterprise as part of the learning process;

2. Be available for and to participate in all learning and work experience required by the Learnership; 3. Comply with workplace policies and procedures;

4. Complete any timesheets or any written assessment tools supplied by the Enterprise to record relevant workplace experience; 5. Perform the Services as prescribed by the Enterprise which shall be performed at either at office or at such place to be designated by the Enterprise, the instructor or any of his duly authorized representatives. 6. The Learner shall take care of all equipment, supplies, facilities, and all others materials entrusted in his care with the utmost diligence. 7. The Learner shall always administer and perform the Services with utmost professional care and diligence and in strict conformity with the prevailing and accepted standards pertinent to the rendition thereof. 8. To be ready for any scheduled/not scheduled oral or written exams to be administered by the Employer, instructor or their duly authorized representative. Article 7 TERMINATION OF AGREEMENT 1. This Agreement shall take effect on _______________ and the same shall automatically cease to be effective on _________________, a period not longer than three (3) months from the execution of the same without need of prior notice. 2. The Enterprise may unilaterally rescind, terminate, or cancel this Agreement without incurring any liability whatsoever to the Learner by giving notice in writing to the latter upon any of the following causes: a. The Enterprise discovers facts contrary to or inconsistent with any of the representations and warranties of the Learner as stated in this Agreement or other communications. b. The Learner commits a material breach of any of the provisions of this Agreement.

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Standard Contract of Employment For Learners c. The Learner fails to comply with the rules and procedures prescribed by the Enterprise. d. Commission of a crime. e. Other analogous causes. Article 8 CONFIDENTIALITY 1. Each party hereto ("Such Party") shall hold intrust for the other party hereto ("Such Other Party"), and shall not disclose to any non-party to the Agreement, any confidential information of such Other Party. Confidential information is information which relates to Such Other Party's research, development, trade secrets or business affairs, but does not include information which is generally known or easily ascertainable by non-parties. 2. The Learner hereby acknowledges that during the performance of this contract, The Learner may learn or receive confidential information and therefore the Learner hereby confirms that all such information relating to the Employer's business will be kept confidential by the Learner. 3. In the course of the parties relationship, certain confidential and proprietary information (the "Confidential Information") may be disclosed whether directly or indirectly: a. Confidential Information shall include all data, materials, products, formulas, technology, computer programs, specifications, manuals, business plans and clients, software, marketing plans, financial information, and other information disclosed or submitted, orally, in writing, or by any other media, manner, shape or form, to the other. b. Confidential Information shall also include any and all personal information about the stockholders, officers, and clients of the Employer which includes, but not limited to, where they live, their status in life, and other similar personal and private data. c. Confidential Information shall also include those developed or learned during the course of the relationship between the parties. 4. Confidential Information, whenever applicable, shall be deemed intellectual properties of the Employer even after the termination of this Agreement. 5. The Learner agrees that the Confidential Information is to be considered private, secret, confidential and proprietary, and shall hold the same in confidence, and shall not use the Confidential Information other than for the purposes necessary to the parties relationship. 6. The receipt of the Learner of Confidential Information from the Employer shall not be construed as a valid grant or transfer of any license, patent, patent application, copyright, copyright registration, trade secret or other proprietary right of the Employer to the Learner, or any person/entity, or as implying any obligation other than those specifically stated herein.

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Standard Contract of Employment For Learners 7. The Learner shall not disclose, publish or otherwise reveal any of the Confidential Information to any other party whatsoever except with the express written authorization of the Employer. 8. Confidential Information furnished in tangible form shall not be duplicated or reproduced in any manner or form without the express written consent of the Employer. 9. Within three (3) days from termination of this Agreement, or upon receipt of the written request from the Employer, the Learner shall return to Employer all such Confidential Information received in written or tangible form, including copies, or reproductions or other media containing such Confidential Information, including reproductions of writings and summaries thereof obtained as a consequence of this Agreement. 10. The Learner shall not, directly or indirectly, while this Agreement is in force and perpetually thereafter, reveal, publicize, publish, reproduce, use or otherwise provide, furnish or release any Confidential Information to any person, party, corporation and/or entity. 11. The Learner understands and agrees that he is not allowed to use, sell, license, develop or otherwise exploit, reverse engineer, decompile, or disassemble the Confidential Information he receives, in whole or in part. 12. All confidential information is provided as is without warranty of any kind, and the Learner agrees that the Employer shall not be liable for any damages whatsoever arising from or relating to the Learners use of, or inability to use such Confidential Information. 13. The provisions of this Article shall have retroactive effect from the time the Learner was first engaged or otherwise connected with the Employer, as the case may be, and shall cover any and all Confidential Information disclosed prior to this Agreement. 14. The provisions of this Article shall remain perpetually in force even after the termination, cancellation, or rescission of this Agreement irrespective of cause, and shall not be affected by bankruptcy, receivership, assignment, attachment or seizure procedures. Article 9 UNDERTAKING OF THE EMPLOYER 1. The Enterprise undertakes to hire the Learner as a regular employee upon completion of the Learnership program. All learners who have been allowed or suffered to work during the first two (2) months shall be deemed regular employees if training is terminated by the Enterprise before the end of the stipulated period through no fault of the learners. Article 10 MISCELLANEOUS PROVISIONS 1. The contract documents consist of this Agreement, including its annexes as well as those hereto incorporated by reference.

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Standard Contract of Employment For Learners 2. The failure of the Enterprise to insist upon the strict performance of any of the terms, conditions, or covenants of this Agreement shall not be deemed a relinquishment or waiver of any rights or remedy that the Employer may have, nor shall it be construed as a waiver of any subsequent breach or default of the terms and condition and covenants shall continue to be in full force and effect. No waiver by the Employer of any of its rights under this Agreement shall be deemed to have been made unless expressed in writing and signed by the Employer or its duly authorized representative. 3. The parties declare that the prior and current representations are material and determining factors in the entry and execution of this Agreement. 4. The parties agree to submit solely to the jurisdiction of the proper courts of ________________ to the exclusion of all others for the purpose of enforcing any right or obligation under or arising out of this Agreement. 5. This Agreement constitutes the complete understanding between the parties with respect to the subject matter hereof and supersedes any prior expression of intent, representation or warranty, written or oral, with respect to this transaction. 6. This Agreement takes into consideration the personal circumstances of the Consultant; hence, she cannot assign his rights and interests hereunder. 7. This Agreement shall be binding upon the heirs, successors-ininterest, and permitted assigns of the parties hereto, whenever applicable. 8. If any one or more provisions of this Agreement is declared invalid or unenforceable in any respect under applicable laws, the validity, legality or enforceability of the remaining provisions contained herein shall not in any way be affected or impaired. 9. This Agreement shall not be amended or modified unless in writing and signed by both parties and their duly authorized representatives. IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of the date first above written. . __________________________ Employer Signed in the presence of: _________________________ Witness _________________________ Witness ________________________ Learner

ACKNOWLEDGEMENT REPUBLIC OF THE PHILIPPINES )

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Standard Contract of Employment For Learners MAKATI CITY ) S. S.

BEFORE ME, a Notary Public for and in the above-named city this___ day of March 2014, personally appeared the following:
Name _________________ _________________ Competent Evidence of Identity _________________ _________________ Date of Issuance _________________ _________________ Place of Issuance _________________ _________________

all known to me and to me known to be the same persons who executed the foregoing Agreement consisting of _________ (____) pages including the page on which this Acknowledgement is written, and they acknowledged to me that the same is their free and voluntary act and deed, and the free and voluntary act and deed of the principal represented. WITNESS MY HAND AND SEAL on the date and at the place first abovewritten. Notary Public Doc No. ___; Page No.___; Book No.___; Series of 201_.

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Standard Contract of Employment For Learners

ANNEX A SCOPE OF SERVICES The Learner shall be required to perform following tasks in accordance with the Learnership Schedule prescribed by the Enterprise and the Technical Education and Skills Development Authority (TESDA) in order to complete the Learnership course; 1.