Labor Law _G_Recruitment and Placement

Question 1

Recruitment and Placement

License vs Authority
a. Definition

Answer 1

License is issued by DOLE allowing an individual or entity To OPERATE (pea) PRIVATE EMPLOYMENT AGENCY

Authority is issued by DOLE allowing an individual or entity TO ENGAGE in RP Recruitment and Placement Activities

Question 2

Recruitment and Placement

Private Employment Agency vs.
Private Recruitment Agency vs.
Shipping/manning Agency

Answer 2

PrEmA - person or entity engaged in the R&P recruitment & placement of workers for a fee

PRecA - licensed entity that acts as an intermediary between job seekers and employers

Shipping/Manning agency -

Question 3

Recruitment and Placement

What are the 3 types of Illegal recruitment? define

Answer 3

Simple -

Syndicated - carried out BY A group of 3 or more persons in conspiracy

Large Scale or Qualified - committed AGAINST 3 or more persons

Question 4

Recruitment and Placement

What is the rule on Illegal recruitment as Economic Sabotage?

Answer 4

If its not simple illegal recruitment, its Economic Sabotage

Question 5

Recruitment and Placement

What are 2 elements for illegal recruitment?

Answer 5

1) offender undertakes any of the activity under 13b LC Recruitment & Placement

2) offender has NO VALID Authority or License

Question 6

Recruitment and Placement

What is the rule on the liability of local recruitment agency w/ the foreign principal?

Answer 6

SOLIDARY LIABILITY - Solidary liability means each party involved is fully responsible for the entire debt or obligation, regardless of their individual share

Question 7

Recruitment and Placement

What is the theory of Imputed Knowledge?

Answer 7

Information acquired by Agent within its authority is CONSIDERED to be KNOWN by the Principal

Question 8

Recruitment and Placement

What is the rule on Direct hiring or Name hires?

Answer 8

Ban on Direct Hiring - to ensure compliance with POEA rules protecting the Filipino workers

Question 9

Recruitment and Placement

What is the rule on remittance of earnings by OFW?

Answer 9

80% of basic salary of Seafarer

Question 10

Recruitment and Placement

What are the 3 requirements for complete termination of employment contracts for Seafarers?

Answer 10

1) Termination due to expiration

2) Signing off from the vessels &

3) Arrival at point of hire.