LABOR LAW:

 social legislation - batas na about sa karapatan ng tao

 statutes- written laws regulations – rules?
 jurisprudence- decisions ng supreme court
 SSS, benefits, (part ng labor legislation)
 Recruitment and Placement of Workers: tanggalin ung mga agency na naniningil –
 PD 1412 - allowed private sector participation in recruitment activities
 recruitment pag 2 or more person ung pinangakuan ng trabaho na may bayad etc
 limitations ng private sector
 Govt agency na nagreregulate
 POEA - promote ofw employment, secure best terms, ensure compliance; quasijudicial body -
judicial (courts etc.) = medyo judicial lang pag quasijudicial. paano naging govt-govt if private:
countries have treaties, kasama ung sa labor how do they control: they give posterity (authority/
license)
 Bureau of Local Employment (BLE) - under ng Dole
BAN ON DIRECT HIRES:
 General rule: no foreign employer can directly hire any Filipino worker for overseas employment
(papasok ang mga recruitment agencies)
 kelan pwede may direct hiring? pag authorized ng DOLE, hiring by diplomatic service, authorized
by the secretary
 "name hires" exception: individual workers who are able to secure contracts for overseas
employment on their own, provided na ung contract is still processed by the POEA
DOMESTIC RECRUITMENT
 gen rule: no person or enity other than public employment offices shall engage in the recruitment
and placement of workers
 exception: private employment sector may participate (ART. 25 LC) ex. Security Guards
LIABILITIES OF OVERSEAS EMPLOYMENT AGENCIES:
 Catan vs NLRC, 160 SCRA 691, case: a private emp. agency may be sued JOINTLY AND
SOLIDARILY with its foreign principal for violation of recruitment agreements and contracts of
employment. employer and agency are both liable
MIGRANT WORKERS DESK:
 any OFW can file a complaint in MWD against his foreign employer who may have violated the
terms of his contract of employment
ILLEGAL RECRUITMENT:
 Any recruitment activities defined under Art. 13 (b). including prohibited practices enumerated
under Art. 34. to be undertaken by non-licensees or non-holders of authority shall be deemed illegal
and punishable (Art. 38, LC) illegal pa rin kahit may license basta naviolate ang laws listed above^
 a holder of a license or authority is NOT exempt from committing the crime of illegal recruitment
 illegal recruitment by syndicate or large scale is considered economic sabotage
 syndicate - committed BY a group of 3 or more persons conspiring and/or confederating with one
another in illegal recruitment
 large scale - committed AGAINST 3 or more persons as victims
 Qualification for Recruitment Agencies:
 1. Citizenship - 75% filipino-owned (partnership or solely) sa capital stack ang tinitingnan
(shares)
2. Capitalization - minimum is 1M (prescribed by the law) para maensure na kayang mag
provide
3. No Disqualifications - IF convicted by crime involving moral terpitude: ex. stafa/ fraud/
murder; involved in business of travel agencies; employee of the dole or overseas govt
programs; relatives ng employee of dole up to the 4th degree
 Minimum Standards of Employment - Given by law to ensure workers are informed about sa laman
ng contract - guaranteed wage, etc.
 Provision na important sa OFWs: Life and Accident Insurance Coverage provided by the Foreign
Employer with a face value of 50K as minimum
 Cadalin vs POEA, 238
 SCRA 721: Any ambiguity in overseas employment contract (if di malinaw ung contract) it should
be interpreted againts the parties who drafted them
 Releases and quitclaims (pinapawalan ng liability) signed by the employee are considered null and
void (walang bisa). (Miguel vs NLRC, 162 SCRA 441)

EMPLOYMENT OF NONRESIDENT ALIEN:

 alien (foreigners)
 first secure employment permits before being employment
 PERMIT: issued after nadetermine na walang available na filipino for that position conditions:
1. the alien shall not transfer or change jobs without approval of secretary
2. if employed in apprenticiable occupation, they bind themselves na magtrains atleast
two filipinos under studies for every alien worker for a period of determined by the
Dole
3. 3. shall Not engage in any gainful employment other than that for which he was issued
a permit
 Occupations nationalized or restricted by the Constitution or special laws are generally not
available to aliens. Ex. media