Labor Law 1 Dec 7, 2019 Poli law – laws are territorial;

applicable in Philippine territory

the act of Recruitment (as defined
in article 13[B]) But how can we do that in labor
laws
If Committed By:
Lex loci Contractus – the law
1. A person or entity without where the contract is signed(?)
license or authority – Illegal
May nag punta sa ibang bansa dun
2. If committed by a person or ginawa yung contract - the
entity with license or authority is; Philippines will not be held liable if
2.1. Legal as a general rule anything happened in the person
2.2. Illegal if acts under who contracted (EE).
article 34 and 38 are committed.
(RA 8042 RA 10022) What is the kapalit is the
protection
Law on recruitment What is protection contemplated
Laws applicable are; 13b definition here?
of recruitment You need a state protection.
34 – mala prohibita And so that the government can
38 - intervene(?)
40
Working abroad needs a state
RA 8042 and RA 10022 protection.
1. magna carta for migrant
workers act of 1999(made because License vs Authority
of flor contemplacion)MUST Article 13 of the constitution
WATCH! Ganern.
Transporting, hiring, enlisting,
2. RA 10022 another amendment canvassing, referral, including
services, promising, advertising,
These 2 RAs (RA8042 and RA contracting
10022) are amendment to articles
34 and 38 Assignment
Issue – must be in
To improve the protection for interrogative form
OFW. Book 1 5 FILCRO
Not intention of phil govt to
encourage to work abroad. Article 34 amendment by RA
8042
1974 labor was promulgated
Because the host govt will (a) To charge or accept directly or
not protect them indirectly any amount greater than
that specified in the schedule of
allowable fees prescribed by the
Secretary of Labor and
Employment, or to make a worker
pay any amount greater than that
actually received by him as a loan
or advance;
(b) To furnish or publish any false
notice or information or document
in relation to recruitment or
employment;
(c) To give any false notice,
testimony, information or
document or commit any act of
misrepresentation for the purpose
of securing a license or authority
under the Labor Code;
(d) To induce or attempt to induce
a worker already employed to quit
his employment in order to offer
him another unless the transfer is
designed to liberate a worker from
oppressive terms and conditions of
employment;
(e) To influence or attempt to
influence any person or entity not
to employ any worker who has not
applied for employment through
his agency;
(f) To engage in the recruitment or
placement of workers in jobs
harmful to public health or
morality or to the dignity of the
Republic of the Philippines;
(g) To obstruct or attempt to
obstruct inspection by the
Secretary of Labor and
Employment or by his duly
authorized representative;
(h) To fail to submit reports on the
status of employment, placement
vacancies, remittance of foreign
exchange earnings, separation
from jobs, departures and such
other matters or information as
may be required by the Secretary
of Labor and Employment;
(i) substitute or alter to the
prejudice of the worker,
employment contracts approved
and verified by the Department of
Labor and Employment from the
time of actual signing thereof by
the parties up to and including the
period of the expiration of the
same without the approval of the
Department of Labor and
Employment;
Host country (source of ER) –
Kuwait foreign recruitment
Agency.
Labor sending country(source of
labor) – Philippines meron ditong
PRA Philippine recruitment
agency.
PRA – Source of EEs
RFA - source of ERs
MID exam: Explain the mechanics
of agency
(j) agent of a recruitment or
placement agency to become an
officer or member of the Board of
any corporation engaged in travel
agency or to be engaged directly
or indirectly in the management of
a travel agency;
(k) To withhold or deny travel
documents from applicant workers
before departure for monetary or
financial considerations other than
those authorized under the Labor
Code and its implementing rules
and regulations;
ACCORDING SA POWER POINT
NI SIR
1. Substitution or altering
employment contracts approved
and verified by DOLE/POEA.
2. Obstructing the labor
secretary’s inspection.
3. Becoming an officer
director of any travel agency.
4. Inducing worker who is already
employed and offer him another
job
5. Giving false information or
misrepresentation in securing
license or authority.
False publication in relation
to recruitment (B of art 13)
6. Accepting or charging
excessive fees.
7. withholding or denying travel
documents for financial
consideration
Example ni Sir: Nagbayad ka sa
agency naka isang taon na hindi
kapa nakaalis. Tapos I will not
return your passport. If they are
withholding your money that is an
act of illegal recruitment.
8. Influencing any employer not
to employ any worker who has not
applied through his agency
9. Failing to submit reports to
POEA on recruitment performance
date
10. Engaging in recruitment or
placement of job harmful to public
health.
Added to RA 8042
1. allowing a non – Filipino citizen
to head or manage a licensed
recruitment agency
2. Failing to actually deploy a
or contractual worker without valid
reason
3. Failing to reimburse expenses of
an OFW who was actually
deployed without his fault.
Added by RA 10022
4. Arranging a compulsory and
exclusive loan scheme with a
specific lending firm or institution
5. Usurious interest exceeding 8%
per annum for loan granted
6. Suspended agency still doing
recruitment
7. Exclusive and compulsory
arrangement to undergo health
examinations only in specified
clinics and other institutions.
8. Exclusive and compulsory
arrangement to undergo health
examinations only in specified
clinics and other institutions.
9. Exclusive and compulsory
arrangement to undergo training
or seminar arrangement to
undergo training or seminars

10 Refusal to condone or
renegotiate a loan incurred by an
OFW who dismissed before end of
contract through no fault of his
own.