LABOR LAW | DMPARAS
LABOR CODE
The Labor Code was promulgated on 1 May 1974, and took effect on 1 November 1974 after the
lapse of a six-month transition period.
ARTICLE 3. DECLARATION OF BASIC POLICY. The State shall afford protection to labor, promote full
employment, ensure equal work opportunities regardless of sex, race or creed and regulate the
relations between workers and employers. The State shall assure the rights of workers to self-
organization, collective bargaining, security of tenure, and just and humane conditions of work.
FULL-EMPLOYMENT
 The term ‘full employment’ does not mean that everybody is working and the society does
not experience involuntary unemployment or deflationary unemployment. For in frictional
employment, i.e., unemployment due to workers having the wrong skills or being found in
wrong places to get the necessary jobs, full employment still exists.
 Full employment is also consistent with a situation where people who have the skills
refuse to work because they have more than enough to sustain themselves.
EQUAL WORK OPPORTUNITIES REGARDLESS OF SEX, RACE OR CREED
 This is a policy which abhors discriminatory practices of the management against workers
regarding terms and conditions of work.
 The women in Developing and Nation Building Act affords women equal work
opportunities with men. In addition, the Labor Code makes it unlawful for an employer to
discriminate against any female employee with respect to terms and conditions of
employment solely on account of sex.
 There are also a number of special laws and regulations prohibiting discrimination against
the actual, perceived or suspected human immunodeficiency virus (HIV) statue of people,
persons with disability, indigenous cultural community.
The Labor Code also makes it unlawful for an employer to do any of the following:
1) Discriminate against any person in respect to terms and conditions of employment on
account of his age;
2) To discriminate against any employee who has filed any complaint concerning wages or
has testified or about to testify in such complaint;
3) To discriminate against employees in the exercise of their right to self-organization;
4) To discriminate with regards to wages, hours of work, and other terms and conditions of
employment to encourage or discourage membership in any labor organization; and
5) To discriminate against an employee for having given or being about to give testimony
under the Labor Code.
REGULATE THE RELATIONS BETWEEN WORKERS AND EMPLOYERS
 EASTERN SHIPPING LINES, INC. VS. POEA, GR. NO. 76633, 18 OCT 1988
“When the conflicting interests of labor and capital are weighed on the scales of social justice,
the heavier influence of the latter must be counter-balanced by the sympathy and compassion
the law must accord the underprivileged worker. This is only fair if he is to be given the
opportunity and the right to assert and defend his cause not as a subordinate but as a peer of
management, with which he can negotiate on even plane. Labor is not a mere employee of
capital but its active and equal partner.”
 DELA CONCEPTION VS. MINDANAO PORTLAND CEMENT CORPORATION, GR. NO. 57078,
20 FEB 1984
Time and again, the Court has upheld the Constitutional mandate of protection to Labor Code
and therefore, employers who are more in an advantageous position than their employees,
should be more compassionate to their worker’s need for without them, businesses would
cease to operate.
RIGHTS OF WORKERS TO SELF-ORGANIZATION
 The right to form associations or societies for purposes not contrary to law shall not be
abridged. The provision enriched in the 1987 Constitution is strengthened in PD 823 which
encourages trade unionism and free collective bargaining within the framework of
arbitration, voluntary or mandatory.
 The reason for the establishment of labor organization is, according to Chief Justice
Hughes, “they were organized out of the necessities of the situation, that a single
employee was helpless in dealing with an employer; that he was dependent ordinarily on
his daily wage for the maintenance of himself and his family; that is if the employer
refused to pay him the wages he thought fair he was nevertheless unable to leave the
employ and resist arbitrary and unfair treatment; that a union was essential to give
laborers opportunity to deal on equality with their employer.”
RIGHT TO COLLECTIVE BARGAINING
 The primary function of a modern union and its very life-stream is collective bargaining. It
is through collective bargaining that employees are enabled to obtain a relative equality of
bargaining power with the employer, for it compels him to deal with them as a group
rather than an isolated individual.
 It is through collective bargaining that employees obtain a measure of self-government in
their working world.
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 The objective and normal end result of collective bargaining is the formation of a contract, EMPLOYER-EMPLOYEE RELATIONSHIP – THE JURISDICTIONAL FOUNDATION
known as the Collective Bargaining Agreement,
 Proof of employment relation is of first importance, for the reason that the existence of
RIGHT TO JUST AND HUMANE CONDITIONS OF WORK the employer-employee relationship is the jurisdictional foundation for a compensation
claim.
 This refers to “fair wages and equal remuneration for work of equal value, safe and  This is so for an employee can enjoy all the rights and benefits under the Labor Code if
healthy working conditions, equal opportunity to promotion and rest, leisure and such relationship exists.
reasonable limitation or working hours” such as:  The basic factor underlying the exercise of rights and the filing of claims for benefits under
1) The right to regular working hours; the Labor Code and other presidential issuances of labor legislations is the status and
2) The right to regular working days; nature of one’s employment. Whether an employer-employee relationship exist and
3) The right to overtime work; whether such employment is managerial in character or that of o rank-and-file employee
4) The right to weekly rest periods; are primordial considerations before extending labor benefits.
5) The right to additional compensation on scheduled rest day / special holiday;  The Labor Code may apply even if the parties are not employers and employees of each
6) The right to compensation for holiday work; and other. In other words, it is not correct to say that employment relationship is a pre-
7) The right to hospitalization, etc. condition to the applicability of the Code.
 Unduly delay in the payment of salaries could be considered a just cause analogous to  When one speaks of employment benefits (e.g. Overtime pay or rest day premium) or of
inhuman or unbearable treatment. Other analogous cases could include non-payment of unionization, then surely employment relationship is an essential element. But when the
wages, unsanitary, unhygienic working conditions, violation of the terms and conditions of issue, for instance, is an indirect employer’s liability, or illegal recruitment, or misuse of
the employment contract. Under such circumstances, the worker may quit his job. POEA license, there is no employer-employee relationship between the complainant
ARTICLE 5. RULES AND REGULATIONS. The Department of Labor and other government agencies and the respondent, and yet the pertinent Labor Code provisions may be invoked. In
charged with the administration and enforcement of this Code or any of its parts shall promulgate short, the Labor Code applies with or without employment relationship between the
the necessary implementing rules and regulations. Such rules and regulations shall become effective disputants, depending on the kind of issue involved.
fifteen (15) days after announcement of their adoption in newspapers of general circulation. THE FOUR-FOLD TEST (INDICIA OF DETERMINATION)
The DOLE, other agencies tasked to administer and enforce the Labor Code or any part thereof and 1) The manner of selection and engagement of the putative employee;
to promulgate the necessary implementing rules and regulations are the following: 2) The mode of payment of wages;
1) National Labor Commission (NLRC); 3) The presence or absence of the power of dismissal; and
2) Philippine Overseas Employment Administration (POEA); 4) The presence or absence of a power to control the putative employee’s conduct. i.e., the
3) National Wages and Productivity Commission (NWPC); power to control the employee with respect to the means and methods by which the
4) Employees Compensation Commission (ECC); work is to be accomplished.
5) Social Security Commission; WORKING SCHOLARS NOT EMPLOYEES
6) OWWA
7) GSIS  There is no employer-employee between students on the one hand, and schools, colleges
8) Etc. or universities on the other, where students work for the latter in exchange for the
privilege to study free of charge, provided the students are given real opportunity,
including such facilities as may be reasonable, necessary to finish their chosen courses
under such arrangement. (Sec. 14, Rule X, Book III, Rules Implementing the Labor Code)
 FILAMER CHRISTIAN INSTITUTE VS IAC, GR. NO. 75112, 17 AUG 1992

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The Court ruled that even if we were to concede the status of an employee on Funtecha, still
the primary responsibility for his wrongdoing cannot be imputed to petitioner Filamer for the
plain reason that at the time of the accident, it has been satisfactorily shown that Funtecha
was not acting within the scope of his supposed employment. His duty was to sweep the school
passages for two hours every morning before his regular classes. Taking the wheels of the
Pinoy jeep from the authorized driver at 6:30 in the evening and then driving the vehicle in a
reckless manner resulting in multiple injuries to a third person were certainly not within the
ambit of his assigned tasks. At the time of the injury, Funtecha was not engaged in the
execution of the janitorial services for which he was employed, but for some purpose of his
own. It is but fair therefore that Funtecha should bear the full brunt of his tortious negligence.
Petitioner Filamer cannot be made liable for the damages he had caused. Furthermore, the
Court cited Section 14, Rule X of Book III of the Labor Code, under the Labor Code, petitioner
Filamer cannot be considered as Funtecha’s employer. Funtecha belongs to that special
category of students who render service to the school in exchange for free tuition Funtecha
worked for petitioner for two hours daily for five days a week. He was assigned to clean the
school passageways from 4:00 a.m. to 6:00 a.m. with sufficient time to prepare for his 7:30
a.m. classes. As admitted by Agustin Masa in open court, Funtecha was not included in the
company payroll.
 Shoeshine Boys
“WHOLE ECONOMIC ACTIVITY” / “TOTALITY OF ECONOMIC CIRCUMSTANCES” TEST
The shoe shiner is distinct from a piece worker because while the latter is paid for work
accomplished, he does not, however, contribute anything to the capital of the employer other
than his service. It is the employer of the piece worker who pays his wages, while the shoe
shiner in this instance, is paid directly by his customer. The piece worker is paid for work
accomplished without regard or concern to the profit as derived by his employer, but in the
case of the shoe shiners, the proceeds derived from the trade are always divided share and
share alike with respondent BESA. (Besa vs. Trajano, GR. NO. 72409, 29 Dec 1986)
CONTROL TEST
 The control test assumes primacy in the overall consideration.
 Under this test, an employment relation obtains where work is performed or services
rendered under the control and supervision of the party contracting for the service, not
only as to the result of the work but also as to the manner and details of the performance.
 The power of control refers merely to the existence of the power and not to the actual
exercise thereof.
The ff factors determine control test:
1) Not every form of control establishes employer-employee relationship. A demarcation line
should be drawn between: (a) rules that merely serve as guidelines which only promote
the result, and (b) rules that fix the methodology and bind or restrict the party hired to the
use of such means and methods. Under the first category, there exists no employer-
employee relationship. In the second category, it has the effect of establishing employer-
employee relationship;
2) The skills rendered, source of instrumentalities and tools, location of the work, duration of
the relationship, the hired party’s discretion when and how long to work, the manner of
payment, whether the work is part of the regular business of the hiring party, the contract
provisions on benefits. (Sonza v. ABS-CBN, GR No. 138051, 10 June 2004);
3) The bus owner has control over a bus driver, an employee, although paid on commission
basis. (R. Transport v. Ejandra, GR. No. 148508, 20 May 2004);
4) Employment does not exist for a sales agent who received commission on his gross sales
(Abante v. Lamdrid Bearing and Parts, GR. No. 615989, 28 May 2004)
5) Where there is less control in the exercise, the more likely the person hired is an
independent contractor. (Sonza v. ABS-CBN, GR No. 138051, 10 June 2004);
6) Where the hirer cannot discipline or dismiss the hired person over his performance.
 The need to consider the existing economic conditions prevailing between the parties, in
addition to the standard of right-of-control like the inclusion of the employee in the
payrolls, to give a clearer picture in determining the existence of an employer-employee
relationship based on an analysis of the totality of economic circumstances of the worker.
 In our jurisdiction, the benchmark of economic reality in analyzing possible employment
relationships for purposes of applying the labor code ought to be the economic
dependence of the worker on his employer. (Orozco v. CA, 5562 SCRA 36, 2008)
 To bolster the payment of wages and control test, the existing economic conditions
prevailing between the parties, like the inclusion of the employee in the payrolls (Sevilla
vs. CA, GR. Nos. 44182-2, 15 Apr 1988), submission of his name with the SSS, PAG-IBIG,
PhilHealth, otherwise known as the economic test, are also applied in determining
employer-employee relationship.
 Thus, the determination of the relationship between employer and employee depends
upon the circumstances of the whole economic activity, such as:
1) The extent of which the services performed are an integral part of the employer’s
business;
2) The extent of the workers investment in equipment and facilities;
3) The nature and degree of control exercised by the employer;
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4) The worker’s opportunity for profit and loss;
“TWO-TIERED” TEST: ECONOMIC DEPENDENCE AND CONTROL TEST
 there are certain cases the control test is not sufficient to give a complete picture of
relationship between the parties, owing to the complexity of such a relationship where
several positions have been held by the worker.
 There are instances when, aside from the employer’s power to control the employees
with respect to the means and methods by which the work is to be accomplished,
economic realities of the employment relations help provide a comprehensive analysis of
the true classification of the individual, whether as employee, independent contractor,
corporate officer of some other capacity.
NON-SUSPENSION OF EMPLOYER-EMPLOYEE RELATIONSHIP
Employer-employee relationship is not severed in the ff instance:
1) Regular seasonal employees are not, strictly speaking, separated from the service but are
merely considered as on leave of absence without pay until they are re-employed. Their
employment relationship is never severed but only suspended. (Manila Hotel Co. v. CIR, 9
SCRA 184; ICAWO v. CIR, 16 SCRA 562)
2) The cessation of the milling activities at the end of the season is certainly not permanent
or definitive; it is a foreseeable suspension of work. There is merely a temporary cessation
of the manufacturing process due to passing shortage of raw materials that by itself alone
is not sufficient to severe employment relationship between the parties since the shortage
is not permanent. (ICAWO vs. CIR, 16 SCRA 562);
3) Bona fide suspension of operation of a business or undertaking for a period not exceeding
six months does not terminate employment relationship.
4) Fulfillment by the employee of a military or civic duty does not terminate employment
relationship.
5) Regular employees of the work pool, while waiting for their assignment, are not
considered terminated from their services;
6) An employee who was dismissed for a specific cause which turned out to be false or non-
existent is entitled to reinstatement.
7) Filing by the employee of an illegal dismissal case does not severe employment
relationship;
8) Employees who stage a legal strike does not constitute severance of employer-employee
relationship; and
9) Employees of employer whose fishing vessels are dry-docketed or undergoing repairs are
not terminated from employment (Philippine Fishing Boat Officers vs. CIR, 112 SCRA 159).
APPLICABILITY AND NONJ-APPLICABILITY
Not applicable to the ff:
1) Government Employees
2) Employees of the Government Corporations created by Special or Original Charter
3) Foreign Governments
4) Local Water Districts
5) International Agencies / Employees of the Intergovernmental or International
Organizations
6) Corporate Officers / Intra-Corporate Disputes
APPLICABILITY AND NON-APPLICABILITY
Government Employees
 By express provision of the Constitution and the Labor Code, terms and conditions of
employment of all government employees including employees of government-owned or
controlled corporations with original charters shall be governed by civil service law, rules
and regulations. (PD 807, as amended; Art IX-B, Sec. 2 [1], 1987 Philippine Constitution)
 The terms and conditions of their employment are governed by the PD 807 otherwise
known as the “Civil Service Decree”, as amended. RA 1880 (Forty-Hour Weekly Law),
which amends Secs 562 and 564 of the Revised Administrative Code, dealing with the
hours of work of government employees, applies to them.
 Government employees refer to those employed by the National Government or any of its
political subdivisions including those employed in government-owned or controlled
corporations. (Sec. 2[a], Rule I, Book III, Rules Implementing the Labor Code)
APPLICABILITY AND NON-APPLICABILITY
Employees of Government Corporations created by Special or Original Charter
 It should be noted, however, that the term “government-owned or controlled
corporation” must be interpreted in the light of Opinion No. 62 of the Secretary of Justice.
Series of 1976. Under this Opinion, there is a difference between corporations organized
pursuant to a legislative character or a special law and corporations not directly chartered
or created by special law but were acquired or taken over by corporations created under
special law. The former are government owned or controlled corporations with original
charters governed by the civil service law; while, the latter are known as subsidiaries or
corporate offsprings governed by the Labor Code.
 In National Service Corporation v. NLRC, the Supreme Court ruled (abandoning the NHA
doctrine, but resurrecting Opinion No. 62 of the Secretary of Justice, series of 1976) on the
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impact of the constitutional provision in the scope of civil service which reads: “Th civil
service embraces all branches, subdivisions, instrumentalities, and agencies of the
government, including government-owned or controlled corporations with original
charters.”
 According to the court, “by clear implication, the Civil Service does not include
government-owned or controlled corporations under the general corporation law xxx
government corporations with original charters are those created by law, by and act of
Congress, or by special law and not under the general corporation law.”
THE MANNER-OF-CREATION TEST (ORIGINAL CHARTER TEST)
 A corporation is government-owned and controlled if the capital stock is owned by
the government even if the corporation is organized in accordance with the
corporation law. (GR. No. 100947)
 The test in determining whether a government-owned or controlled corporation is
subject to Civil Service Law is the manner of its creation that such government
corporations created by special charters are subject to its provisions while those
incorporated under the General Corporation Law are not within its coverage. Thus,
the PNOC-EDC having been incorporated under the general corporation law, is a
government-owned or controlled corporation whose employees are subject to the
provisions of the Labor Code. (GR. No. 58494)
ARTICLE 12. STATEMENT OF OBJECTIVES.  d)
It is the policy of the State:
a) To promote and maintain a state of full employment through improved manpower
training, allocation and utilization;
b) To protect every citizen desiring to work locally or overseas by securing for him the best
possible terms and conditions of employment;
c) To facilitate a free choice of available employment by persons seeking work in conformity
with the national interest;
d) To facilitate and regulate the movement of workers in conformity with the national
interest;
e) To regulate the employment of aliens, including the establishment of a registration and/or
work permit system;
f) To strengthen the network of public employment offices and rationalize the participation
of the private sector in the recruitment and placement of workers, locally and overseas, to
serve national development objectives;
g) To insure careful selection of Filipino workers for overseas employment in order to
protect the good name of the Philippines abroad.
 The State is mandated to promote and maintain full employment through improved
training, allocation and utilization of manpower resources in order to have a pool of
trained workers who can be readily employed locally and overseas.
 In order to secure for them the best possible terms and conditions of employment, only
licensed employment and placement agencies are authorized to recruit and deploy
workers for overseas employment.
 Particularized statements of policy are found in rules and regulations issued separately by
the Bureau of Local Employment (BLE) and the Philippine Overseas Employment
Administration (POEA).
ARTICLE 13. DEFINITIONS.
a) "Worker" means any member of the labor force, whether employed or unemployed.
b) "Recruitment and placement" refers to any act of canvassing, enlisting, contracting,
transporting, utilizing, hiring or procuring workers, and includes referrals, contract
services, promising or advertising for employment, locally or abroad, whether for profit or
not: Provided, That any person or entity which, in any manner, offers or promises for a
fee, employment to two or more persons shall be deemed engaged in recruitment and
placement.
c) "Private fee-charging employment agency" means any person or entity engaged in
recruitment and placement of workers for a fee which is charged, directly or indirectly,
from the workers or employers or both.
"License" means a document issued by the Department of Labor authorizing a person or
entity to operate a private employment agency.
e) "Private recruitment entity" means any person or association engaged in the recruitment
and placement of workers, locally or overseas, without charging, directly or indirectly, any
fee from the workers or employers.
f) "Authority" means a document issued by the Department of Labor authorizing a person
or association to engage in recruitment and placement activities as a private recruitment
entity.
g) "Seaman" means any person employed in a vessel engaged in maritime navigation.
h) "Overseas employment" means employment of a worker outside the Philippines.
i) "Emigrant" means any person, worker or otherwise, who emigrates to a foreign country
by virtue of an immigrant visa or resident permit or its equivalent in the country of
destination.
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MEANING OF RECRUITMENT AND PLACEMENT OVERSEAS EMPLOYMENT

Irregular / Undocumented Filipino migrant workers
 The definition of” recruitment and placement” in Art. 13 (b) applies to both local and 1) Those who acquired their passports through fraud or misrepresentations;
overseas employment. 2) Those who possess expired visas or permits to stay;
 The definition enumerates 11 activities combined as recruitment and placement. 3) Those who have no travel documents whatsoever;
1) Canvassing; 4) Those who have valid but inappropriate visas; or
2) Enlisting; 5) Those whose employment contracts were not processed by the POEA or subsequently
3) Contracting; verified and registered on-site by the POLO, if required by law or regulation.
4) Transporting;
5) Utilizing; OVERSEAS FILIPINOS
6) Hiring; Refer to migrant workers, other Filipino nationals and their dependents abroad.
7) Procuring workers;
8) Referrals; OVERSEAS FILIPINO IN DISTRESS
9) Contract services; Refers to an Overseas Filipino who has a medical, psycho-social or legal assistance problem
10) Promising; and requiring treatment, hospitalization, counseling, legal representation as specified in Rule IX of these
11) Advertising rules or any kind of intervention with the authorities in the country where he or she is found.
 Any such activity done by a person without the required license from the BLE and POEA is
punishable as illegal recruitment. OVERSEAS FILIPINO WORKERS OR MIGRANT WORKERS
 Recruitment includes the act of referral or the “act of passing along or forwarding of an Refers to a person who is to be engaged, is engaged, or has been engaged in a remunerated activity
applicant for employment after an initial interview of a selected applicant for employment in a state of which he or she is not a citizen or on board a vessel navigating the foreign seas other
to a selected employer, placement officer or bureau” (Rodolfo v. Pp GR No. 146964, 10 than a government ship used for military or non-commercial purposes, or on an installation located
Aug 2006) offshore or on the high seas. A “person to be engaged in a remunerated activity” refers to an
applicant worker who has been promised or assured employment overseas.
NUMBER OF PERSONS DEALT WITH NOT ESSENTIAL

 The number of persons dealt with is not an essential ingredient of the act of recruitment
and placement of workers. The provisio merely creates a presumption.
 “Recruitment and Placement” refers to any act of canvassing, enlisting, contracting,
transporting, utilizing, hiring or procuring workers, and includes referrals, contract
services, promising or advertising for employment, locally or abroad, whether for profit or
not. Provided, that any person or entity which in any manner, offers or promises for a fee,
employment to two or more persons shall be deemed engaged in recruitment and
placement.
SEAMAN
Seafarer- refers to any person who is employed or engaged in overseas employment in any capacity
on board a ship other than a government ship used for military or non-commercial purposes. The
definition shall include fishermen, cruise ship personnel and those serving on mobile offshore and
drilling units in the high seas.
REGULAR / DOCUMENTED FILIPINO MIGRANT WORKERS
1) Those who possess valid passports and appropriate visas or permits to stay and work in
the receiving country; and
2) Those whose contracts of employment have been processed by the POEA, or
subsequently verified and registered on-site by the POLO, if required by law or regulation.
ARTICLE 14. EMPLOYMENT PROMOTION. 
The Secretary of Labor shall have the power and authority:
a) To organize and establish new employment offices in addition to the existing employment
offices under the Department of Labor as the need arises;
b) To organize and establish a nationwide job clearance and information system to inform
applicants registering with a particular employment office of job opportunities in other
parts of the country as well as job opportunities abroad;

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c) To develop and organize a program that will facilitate occupational, industrial and
geographical mobility of labor and provide assistance in the relocation of workers from
one area to another; and
d) To require any person, establishment, organization or institution to submit such
employment information as may be prescribed by the Secretary of Labor and
Employment.
RESPONSIBILITY OF DOLE
The Administrative Code of 1987 (EO. 292) names the Department of Labor and Employment (DOLE)
as “the primary policy-making, programming, coordinating, and administrative entity of the
executive branch of the government in the field of labor and employment.”
ARTICLE 15. BUREAU OF EMPLOYMENT SERVICES
 The Bureau of Employment Services was abolished by virtue of EO 797 promulgated and
made effective on May 1, 1982 creating the Philippine Overseas Employment
Administration (POEA)
 The domestic employment functions of the Bureau of Employment services were assumed
by the Bureau of Local Employment, while its overseas functions were assumed by the
POEA.
ARTICLE 17. OVERSEAS EMPLOYMENT DEVELOPMENT BOARD. 
An Overseas Employment Development Board is hereby created to undertake, in cooperation with
relevant entities and agencies, a systematic program for overseas employment of Filipino workers in
excess of domestic needs and to protect their rights to fair and equitable employment practices. It
shall have the power and duty:
a) To promote the overseas employment of Filipino workers through a comprehensive
market promotion and development program;
b) To secure the best possible terms and conditions of employment of Filipino contract
workers on a government-to-government basis and to ensure compliance therewith;
c) To recruit and place workers for overseas employment on a government-to-government
arrangement and in such other sectors as policy may dictate; and
d) To act as secretariat for the Board of Trustees of the Welfare and Training Fund for
Overseas Workers.

PURPOSE OF THE LAW

The evil sought to be avoided by Art 16 of the Labor Code is the commission of malpractices by fly-
by-night or private recruiters against unsuspecting workers who intend to work locally overseas.
That is the primary reason the law confines to public employment offices the task to engage in
recruitment and placement.

GENRAL LAW
Only the employment offices (PESO) can engage in recruitment and placement of workers for local
or overseas employment.
EXCEPTIONS
The ff entities are authorized to recruit and place workers for local or overseas employment:
1) Private employment agencies;
2) Shipping and manning agents or representatives;
3) The POEA;
4) Construction contractors is authorized to operate by DOLE and the Construction Industry
Authority;
5) Members of the diplomatic corps although hirings done by them have to be processed
through the POEA; and
6) Other persons or entities as may be authorized by the DOLE secretary.

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