Section 12Sec./Art. 12

Contents of the EBET Agreement. - An enterprise shall enter into an EBET Agreement with a trainee prior to the start of the Program. The EBET Agreement shall include, but not limited to, the following:

(a) Training Plan;

(b) Hours of training per day and per week;

(c) Period of training;

(d) Training allowance;

(e) Other benefits as may be provided by the enterprise;

(f) Schedule of training allowance payments, which shall be at least twice a month, and other benefits;

(g) Process of termination of the EBET Agreement; and

(h) General rights and obligations of both parties.

If an enterprise chooses to partner with a TVI to undertake the theoretical instruction as outlined in the Training Plan, the enterprise shall be responsible for ensuring that the terms and conditions of its Agreement with the TVI is in accordance with the requirements, rules, and regulations of the TESDA.

If the trainee is between fifteen (15) and eighteen (18) years old, the Agreement shall be signed by the trainee's parent or guardian: Provided, That the Agreement shall conform to the provisions on protection of minors, as provided under President Decree No. 442, as amended; Republic Act No. 7610, as amended; and other relevant laws, rules and regulations.

If the trainee is currently employed by the enterprise implementing the upskilling EBET Program, the Agreement shall ensure that the trainee is given the same treatment as comparable employees working at the enterprise, including security of tenure and non-diminution of benefits. Nothing in this Act shall be construed to diminish existing benefits under present laws, the emplyment contract, company policies, and collective bargaining agreements.