Internship Agreement - Template, Sample Form Pro · PH-law

INTERNSHIP AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Internship Agreement (the "Agreement") is made and executed this ________ day of ________, 20________ at the City/Municipality of ________, Province of ________, Republic of the Philippines, by and between:

________, a corporation duly organized and existing under and by virtue of the laws of the Republic of the Philippines, with principal address at ________, and with SEC Registration No. ________ and Taxpayer Identification No. ________, herein duly represented in this act by ________, who holds the following position at ________: ________, duly authorized by virtue of ________, hereinafter referred to as the "Employer";

- and -

________, Filipino, of legal age, single/married, and with residential address at ________, hereinafter referred to as the "Intern".

The Employer and the Intern shall hereinafter be collectively referred to as the "Parties" and individually as a "Party".

WITNESSETH: That —

WHEREAS, the Employer is engaged in the business of the following nature: ________, and conducts a structured internship program intended to provide practical training and exposure to qualified students;

WHEREAS, the Intern is a bona fide student enrolled in the following degree or program: ________, at the following educational institution: ________, and is seeking to gain practical knowledge and experience in the relevant field as part of, or in connection with, the curricular requirements of the said institution;

WHEREAS, the internship herein is undertaken in accordance with the applicable provisions of Republic Act No. 11230 (An Act Strengthening the Implementation of Internship Programs) and its implementing rules, the Labor Code of the Philippines, and the pertinent guidelines of the Commission on Higher Education (CHED) and/or the Technical Education and Skills Development Authority (TESDA), as may be applicable;

WHEREAS, the Employer agrees to allow the Intern to acquire the necessary skills, knowledge, experience, and competence during the course of the internship under proper guidance and supervision;

WHEREAS, the Intern has qualified to take part in the Employer's Internship Program, and the Employer hereby offers and the Intern hereby accepts participation therein;

NOW THEREFORE, for and in consideration of the foregoing premises and the mutual covenants, terms, and conditions hereinafter set forth, the Parties hereby agree as follows:

Art. I. TERM

§1. The internship shall commence on ________ and shall continue until ________, for the following total period or number of training hours: ________.

§2. This Agreement is for a fixed and definite period coterminous with the internship and shall not be construed as creating any right to continued or regular employment beyond the term stated herein.

Art. II. NATURE OF ENGAGEMENT AND DUTIES

§1. The Intern is engaged in the following capacity or position for purposes of training: ________.

§2. The Intern shall perform the following duties and responsibilities, together with such other related tasks as may be reasonably assigned in the course of the internship: ________.

§3. The duties and responsibilities of the Intern have been explained to the Intern, who was afforded the opportunity to ask questions and to discuss the same at the time of engagement.

Art. III. EVALUATION AND STANDARDS

§1. The Intern has been given the opportunity to discuss and ask questions regarding the standards set by the Employer for the satisfactory completion of the internship at the time of engagement.

§2. The Intern shall be subject to an initial assessment period of ________, during which the Employer may, upon reasonable and fair evaluation, determine whether the Intern shall continue the internship until its full term. Should the Intern fail to meet the standards reasonably made known at the time of engagement, the Employer may discontinue the internship upon written notice to the Intern stating the basis for such determination, served not later than the lapse of the said assessment period.

Art. IV. STIPEND OR ALLOWANCE

§1. In consideration of the internship, the Employer shall grant the Intern a training stipend or allowance at the rate of ________ (₱________) per ________.

§2. The stipend or allowance shall be paid in the following manner and frequency: ________.

§3. It is expressly understood that any stipend or allowance granted herein is in the nature of financial assistance to defray the cost of the training and shall not be construed as a wage or salary creating an employer-employee relationship.

Art. V. WORK SCHEDULE AND PLACE OF TRAINING

§1. The Intern's training schedule shall be: ________. The schedule may be reasonably adjusted by the Employer to meet operational requirements, provided that the total number of training hours shall be consistent with the requirements of the Intern's educational institution and applicable law.

§2. The primary place of training of the Intern shall be at: ________.

Art. VI. REPORTS

§1. The Intern shall periodically submit reports on the status and developments of the training, to be submitted in the following frequency and manner: ________.

Art. VII. COMPANY RULES AND REGULATIONS

§1. The Intern shall observe and comply with all reasonable rules, regulations, policies, and lawful instructions of the Employer, whether written or otherwise. All existing and future rules and regulations consistent with law shall be deemed incorporated into this Agreement.

§2. It shall be the duty of the Intern to be aware of and to comply with the Employer's rules and regulations.

§3. The Intern has been provided with a copy of the following document at the execution of this Agreement: ________, which outlines the policies, rules, and regulations of the Employer. The Intern undertakes to read, understand, and comply with the same.

§4. The Intern shall likewise observe all applicable laws, rules, and regulations, as well as standards of fairness, good customs, transparency, and honesty in the course of the internship.

§5. The Employer undertakes to provide updated versions of the said document and any new policies that may be implemented. The posting of such updates in a place easily and regularly accessible to the Intern shall satisfy this requirement.

Art. VIII. EMPLOYER'S DUTIES AND RESPONSIBILITIES

The Employer shall provide the necessary materials, training, and instruction for the proper performance of the Intern's duties. In particular, the Employer agrees that:

§1. The training shall be under the guidance and supervision of the following employee: ________, who shall ensure that the Intern obtains sufficient skills, knowledge, experience, and competence. The supervising employee may be reached through the following means of communication: ________.

§2. The supervising employee shall coordinate with the representatives or responsible persons of the Intern's educational institution to evaluate the Intern and to determine whether the Intern has satisfactorily completed the internship.

§3. The evaluation shall be conducted within a reasonable time after the completion of the internship.

§4. The standards, policies, and programs in the workplace shall be explained and discussed with the Intern at the time of engagement.

§5. The monitoring and evaluation of the Intern's performance shall be made during and after the term of the internship.

§6. The Employer shall issue a Certificate of Completion in favor of the Intern upon satisfactory completion of the term under this Agreement.

§7. The Intern shall be provided with the following resources to accomplish the assigned tasks: ________.

§8. The Employer shall observe the standards of occupational safety and health and shall not require the Intern to perform tasks that are hazardous or beyond the scope of the training program.

Art. IX. TERMINATION BY THE EMPLOYER

§1. The Employer may terminate the internship prior to the expiration of the term for any just or authorized cause, including but not limited to the Intern's failure to comply with the Employer's rules, regulations, standards, policies, and lawful instructions, or the commission of any act or omission prejudicial to the interest of the Employer.

§2. The Employer shall serve a written notice upon the Intern stating the ground or grounds for the termination and the effective date thereof. The Intern shall be afforded the opportunity to explain or be heard prior to termination, except where the circumstances warrant immediate termination.

Art. X. RESIGNATION OF THE INTERN

§1. The Intern may discontinue the internship by serving a written notice of intention to resign at least ________ days prior to the effective date of resignation, without prejudice to the requirements of the Intern's educational institution.

Art. XI. RETURN OF PROPERTY

§1. Upon the termination of the internship for any cause, or upon the written request of the Employer, the Intern shall immediately surrender and return to the Employer all properties, equipment, documents, materials, records, and other items belonging to the Employer issued to, used by, or in the possession of the Intern, whether in physical or electronic form.

§2. The Intern shall be liable for any loss, damage, or destruction of the Employer's property due to the fault or negligence of the Intern, and the Employer reserves the right to demand reimbursement or indemnification therefor in accordance with the Civil Code of the Philippines.

Art. XII. CONFIDENTIALITY

§1. The Intern acknowledges that the Employer possesses certain non-public Confidential Information regarding its business operations and development, that such information is secret and valuable, and that by reason of the internship the Intern will have access thereto. The Employer desires to maintain the secret and private nature of any Confidential Information disclosed.

Lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat duis aute irure dolor in reprehenderit voluptate velit esse cillum dolore eu fugiat nulla pariatur lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris.

§3. Confidential Information may or may not be expressly labeled as such, but shall include any information that ought reasonably to be treated as confidential under the circumstances of its disclosure.

§4. Confidential Information shall not include information which:

1. is or becomes available to the public through no fault of the Intern;

2. is already lawfully known to the Intern prior to disclosure;

3. is disclosed by the Employer to third parties without restriction;

4. is lawfully received by the Intern from a third party having the right to disclose it; or

5. is independently developed by the Intern, as the Intern can demonstrate.

§5. The Intern agrees that the Intern shall:

1. not disclose to any third party that the Intern is in possession of such Confidential Information;

2. not disclose the Confidential Information through any unauthorized means to any third party or other interns, except where such persons are required to have such knowledge for purposes of this Agreement and have been advised of its confidential nature;

3. not copy or reproduce the Confidential Information except as required hereunder, all such copies remaining the property of the Employer; and

4. not use the Confidential Information for any purpose other than those contemplated herein or expressly authorized by the Employer.

§6. Should the Intern be compelled by any governmental agency, judicial forum, or court to disclose any Confidential Information, the Intern shall notify the Employer at least ten (10) days prior to the required disclosure, where practicable, to allow the Employer to seek appropriate protective relief.

Lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat duis aute irure dolor in reprehenderit voluptate velit esse cillum dolore eu fugiat nulla pariatur lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris.

§8. The Parties undertake to comply with the Data Privacy Act of 2012 (Republic Act No. 10173) and its implementing rules and regulations in respect of any personal data accessed, processed, or held in the course of the internship. This Article shall survive the termination of this Agreement.

Art. XIII. NON-COMPETITION AND NON-SOLICITATION

§1. To protect the legitimate business interests and Confidential Information of the Employer, the Intern shall not, for a reasonable period of ________ from the date of separation or termination, and without the written consent of the Employer, directly or indirectly engage in or be involved with any local or foreign corporation, firm, business, association, or enterprise that directly competes with the business of the Employer, nor solicit or provide services to any of the Employer's clients or customers.

§2. This restriction shall apply only within the following geographic area, which the Parties acknowledge to be reasonable: ________.

§3. The Parties agree that this Article is reasonable as to time, scope, and territory, and is intended to be enforced only to the extent permitted under prevailing Philippine jurisprudence; should any portion be found unreasonable, it shall be deemed modified to the minimum extent necessary to render it valid and enforceable.

Art. XIV. RELATIONSHIP OF THE PARTIES

§1. The internship is a training engagement and not employment. Unless the Intern is subsequently absorbed by the Employer as an employee following the termination of the internship, nothing in this Agreement shall be construed to create an employer-employee relationship, partnership, joint venture, agency, or any fiduciary relationship between the Parties.

Art. XV. SEVERABILITY

§1. The invalidity of any provision of this Agreement shall not affect the validity of the remaining provisions, which shall continue in full force and effect as if the invalid provision had been omitted.

Art. XVI. HEADINGS

§1. Headings are provided for convenience only and shall not affect the interpretation of this Agreement.

Art. XVII. GOVERNING LAW AND VENUE

§1. This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines.

§2. The Parties agree that any action arising from or in connection with this Agreement shall be brought exclusively before the proper courts of ________, to the exclusion of all other venues, without prejudice to the jurisdiction of the appropriate government agencies.

Art. XVIII. ENTIRE AGREEMENT

§1. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, representations, and agreements, whether oral or written. No amendment shall be valid unless made in writing and signed by both Parties.

IN WITNESS WHEREOF, the Parties have hereunto affixed their signatures on the date and at the place first above written.

________
Employer

By:

________
________

________
Intern

SIGNED IN THE PRESENCE OF:

________       ________

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )
PROVINCE OF ________ )
CITY/MUNICIPALITY OF ________ ) S.S.

BEFORE ME, a Notary Public for and in the City/Municipality of ________, this ________ day of ________, 20________, personally appeared the following persons:

1. ________, in their capacity as the duly authorized representative of ________, with the following competent proof of identity: ________ with number ________, which expires on ________;

2. ________, with the following competent proof of identity: ________ with number ________, which expires on ________.

all known to me and to me known to be the same persons who executed the foregoing Internship Agreement, and they acknowledged to me that the same is their free and voluntary act and deed, as well as the free and voluntary act and deed of the entity herein represented.

This instrument, consisting of ________ pages, including the page on which this Acknowledgment is written, has been signed on each and every page thereof by the Parties and their witnesses.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal on the date and at the place above written.

________
NOTARY PUBLIC

Doc. No. ________;
Page No. ________;
Book No. ________;
Series of ________.