GENERAL PROVISIONS - ARTS. 13-41 Flashcards
Review module since this is not complete and for reviewer purposes only
ARTICLE 13. DEFINITIONS
Any member of the labor force, whether employed or unemployed
Worker
ARTICLE 13. DEFINITIONS
Any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers, and includes referrals, promising/advertising for employment, whether for profit or not: Provided, that any person or entity offers or promises for a fee, employment to 2 or more persons shall be deemed engaged in ___________
Recruitment & Placement
ARTICLE 13. DEFINITIONS
Any person or entity engaged in recruitment & placement of workers for a fee which is charged, directly/indirectly, from the workers/employers/both
Private fee-charging employment agency
ARTICLE 13. DEFINITIONS
A document issued by Department of Labor authorizing a person/entity to operate a private employment agency
License
Any person/association engaged in the recruitment & placement of workers, locally/overseas, without charging, directly/indirectly, any fee from the workers/employers
Private recruitment entity
A document issued by the Department of Labor authorizing a person to engage in recruitment & placement activities as a private recruitment entity
Authority
Any person employed in a vessel engaged in maritime navigation
Seaman
Employment of a worker outside the Philippnes
Overseas Employment
Any person, worker/otherwise, who emigrates to a foreign country by virtue of an immigrant visa/resident permit/ its equivalent in the country of destination
Emigrant
Illegal recruitment committed by a syndicate or in a large scale shall be considered as offense involving ____ and shall be penalized in accordance with article 39
Economic sabotage
To be considered an illegal recruitment, the act of canvassing, etc. is committed by one who has ______
no license or authority to recruitment
Suppose, a non-licensee or non-holder of authority is able to send a Filipino to work in the UK, is he/she considered an illegal recruiter?
Yes, he/she is still considered an illegal recruiter
A person who is to be engaged, is engaged or has been engaged in a remunerated activity; in a state of which he or she is not a citizen; on board a vessel navigating the foreign seas; used interchangeably with “migrant worker”
Overseas Filipino Worker (OFW)
note: An OFW may be land-based or sea-based
OFW
Is a Filipino who works in the Philippine Embassy in Malaysia considered an OFW?
No, because under international law, the embassy is an extension of the Philippine territory. So technically, that Filipino does not work in a foreign country
OFW
Is a Filipino who volunteered to join the environmental group* Greenpeace* and works on board its ship sailing international waters deemed an OFW?
No, because that Filipino is not engaged in a remunerative activity. He/she is a volunteer and does not receive salaries. Also, the Greenpeace ship is for non-commercial purposes. It is operating in pursuit of its environmental advocacy.
Article 18. Ban on direct-hiring
General Rule: An employer may hire a Filipino to work abroad only through:
- POEA
- Private licensed recruitment or placement agency
Article 18. Ban on direct-hiring
Exceptions: Direct hiring is allowed if made by the following:
- members of the diplomatic corps (ex. filipino hired to work in the US embassy in Korea
- international organizations (ex. UN, WHO)
- other employers as may be allowed by the Secretary of Labor (here, even a priv./non-gov. employer may be allowed by the Sec. of Labor)
Article 22. Mandatory remittance of foreign exchange earnings
It is mandatory for all Fil. workers abroad to remit a portion of their foreign exchange earnings to their:
- families
- dependents
- beneficiaries in the country
Article 22. Mandatory remittance of foreign exchange earnings
In the case of a seafarer/seaman, he/she is required to make an ____, which shall be at least 80% of his/her basic salary, payable once a month to his designated ____ in the Philippines, also called the _______
- allotment
- allotee
- required inward remitance
Article 22. Mandatory remittance of foreign exchange earnings
Any person designated by the seafarer as the recipient of his/her remittances to the Philippines
Allottee
The ____ do not go directly to seafarer’s beneficiaries but are coursed through his/her manning agency as a middleman, who then gives in pesos the seafarer’s monthly earning to the allottee
Allotments
Article 25
Are private citizens allowed to recruit & place workers or is it a job of the government only?
Private citizens/ private employment sector can engage in the recruitment & placement of workers, locally & overseas, subject to the guidelines, rules & regulations issued by the Sec. of Labor
Articles 26, 27 & 28
Who are qualified to operate a private employment agency?
- Filipino citizen acting as a sole proprietor/partnership/corporations at least 75% of the authorized & voting capital stock of which is owned & controlled by Filipino citizens
- Those not otherwise disqualified by law or other government regulations to engage in the recruitment & placement of workers for overseas employment
Articles 26, 27, 28
Who are disqualified to operate a private employment agency?
- Travel agencies & sales agencies of airline companies
- Office or members of the Board of any corporation or partners in a partnership engaged in the business of travel agency
- Corporations & partnerships, where any of its members is also an officer
- Individuals, partners, officers/directors of an insurance company who make, propose, provide an insurance contract under compulsary insurance
- Sole proprietors, partners/officers & members od derogatory records
- Any official employee of the DOLE, POEA, OWWA, DFA, DOJ, DOH, TESDA, PNP, CAAP, and any other gov. agencies involved in the implementation od RA 8042
Articles 26, 27, 28
An agency must have a minimum paid-up capital of ____ and bank deposit of at least _____
P5,000,000
Article 31
All applicants for license or authority shall post such cash& surety bonds. Purpose of bond: To guarantee that the agency will comply with prescribed recruitment procedures, rules & regulations, & terms and conditons of employment. The bond can be forfeited in favor of the government/worker. Currently, the required bond is ____
P100,000
Article 32 - Fees paid by workers recruited
This fee is usually called the ____
placement fee
Article 32 - Fees paid by workers recruited
The rule is ____. Meaning, a person applying with a recruitment/employment agency for employment assistance shall not be charged any fee until he has obtained employment through its efforts or has actually commenced employment
“no work, no fee”
Article 32 - Fees paid by workers recruited
The worker shall pay the placement fee to the licensed recruitment agency only after signing the ________
POEA approved contract
Article 32 - Fees paid by workers recruited
How much placement fee could an agency charge an OFW?
One month basic salary specified in the POEA approved contract
Article 32 - Fees paid by workers recruited
Placement fee cannot be collected from:
- Domestic workers
- OFWs to be deployed where the prevailing system do not allow
Article 32 - Fees paid by workers recruited
Example: If a Filipino nurse will work in a Saudi hospital. Does the hospital pay for the costs and fees chargeable against an employer?
Yes
Illegal recuitment; Syndicated & Large Scale Illegal Recruitment
Article 38
Suppose a non-licensee or non-holder of authority collected no fee for recruiting the Filipino to work in the UK, is he/she still considered an illegal recruiter?
Yes, even if the recruitment is for free, it is still illegal
Prohibited acts that are also considered illegal recruitment:
- To charge or accept directly/indirectly any amount greater than that specified in the schedule of allowable fees prescribed by the Secretary
- To furnish/publish any false notice/information/document in relation to recruitment/employment
- To give any false notice, testimony, information or document any act of misrepresentation for the purpose of securing a license
- To attempt to induce a worker already employed to quit his/her employment to offer him another
Article 32 - Fees paid by workers recruited
The fee must be covered with ____ clearly showing the amount paid
BIR-registered receipt
Any non-licensee or non-holder of authority who, in any manner, offers or promises for a fee employment abroad to 2 or more persons
Illegal recruitment
Any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers & includes referrals, contract services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-licensee/non-holder of authority as contemplated by the Labor Code
Illegal recruitment
Article 40
Can aliens/foreigners be employed in the Philippines?
Yes, provided the alien/foreigner must obtain employment permit from DOLE
Article 40
When may an alien/foreigner be permitted to work here?
If no person in the Philippines is competent, able & willing at the time of application to perform the services for which the alien is desired
Article 40
Can an American be permitted to work as an accountant here?
No, because the services of an account could be performed by a Filipino
Article 41
Can an alien/foreigner transfer to another employment?
The alien shall not transfer to another job or change his employer without prior approval of the Secretary of Labor
A non-resident alien who shall work without employment permit, or who, althoigh with a permit, shall transfer employment without prior approval of the Secretary of Labor shall suffer the penalty of imprisonment. He shall then be deported after service of his sentence
Article 41
