3) CHRA by HREAP Reviewer. Drills for Philippine Labor Code & HR Laws. SET II. Book 1 Pre-Employment

Summary

This script outlines Philippine labor laws concerning foreign employment, including regulations on alien employment, worker definitions, recruitment processes, and penalties for illegal recruitment. It clarifies the roles of various entities like the Bureau of Employment Services and the requirements for private recruitment agencies. It also addresses the mandatory remittance of foreign earnings by Filipino workers and the conditions under which non-resident aliens can be employed in the Philippines.

Takeaways

• 📜 The state regulates the employment of aliens, including establishing a registration and work permit system.
• 🛂 Article 13 defines 'worker' as any member of the labor force, employed or unemployed.
• 🔍 'Recruitment and placement' refers to activities like enlisting, contracting, or procuring workers, including referrals and job orders.
• 🚫 An entity is deemed engaged in recruitment and placement only if it offers employment to two or more persons.
• 💼 A 'private fee-charging Employment Agency' is defined as someone who charges a fee for recruitment and placement services.
• 📄 A 'license' is a document issued by the Department of Labor authorizing operation of a private Employment Agency.
• 🏢 'Private recruitment entity' refers to individuals or associations that recruit and place workers without charging fees.
• 🛳 'Seaman' is used to describe a person employed in a vessel engaged in maritime navigation.
• 🌐 'Immigrant' is defined as a person who moves to a foreign country with an immigrant visa or resident permit.
• 🏛️ The Bureau of Employment Services is primarily responsible for developing and monitoring a comprehensive Employment Program.
• 🚫 Direct hiring is banned, with no exemptions for members of the diplomatic core or international organizations.
• 💵 Remittance of foreign exchange earnings by Filipino workers abroad is voluntary, not mandatory.
• ✈️ Travel agencies and airline sales agencies are prohibited from engaging in recruitment and placement for overseas employment.
• 💹 For an entity to participate in recruitment and placement, at least 75% of the capital stock must be owned by Filipinos.
• 🚫 It is acceptable for a recruitment agency to induce a worker to quit for another employer to liberate them from oppressive terms.
• 🏢 Large-scale illegal recruitment is deemed committed when it involves three or more persons.
• 💰 The penalty for illegal recruitment includes a fine of up to 1 million pesos and closure of the recruitment agency.
• 📝 Non-resident aliens are permitted to be employed in the Philippines if no competent, able, and willing Filipino is available for the job.
• 📑 Non-resident aliens need to secure an employment permit to engage in employment in the Philippines.

Q & A

What is the policy of the state regarding the employment of aliens?

The state regulates the employment of aliens, including the establishment of a registration and/or work permit system.

What does the term 'worker' refer to in Article 13?

The term 'worker' refers to any member of the labor force, whether employed or unemployed.

What activities are covered by the term 'recruitment and placement' as defined in Article 13?

Recruitment and placement refers to any act of canvassing, enlisting, contracting, transporting, utilizing, or procuring workers, including referrals, contract services, promising, or advertising for employment locally or abroad, whether for profit or not.

Does offering employment for a fee to one person qualify an entity as engaged in recruitment and placement according to Article 13?

No, the entity must offer employment to two or more persons to be deemed engaged in recruitment and placement.

What is the term for a document issued by the Department of Labor authorizing a person or entity to operate a private Employment Agency?

The term is 'license'.

What is the term for 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?

The term is 'Authority'.

What is the term used to describe a person employed in a vessel engaged in maritime navigation?

The term used is 'Seaman'.

Which body is primarily responsible for developing and monitoring a comprehensive Employment Program according to Article 15?

The Bureau of Employment Services is primarily responsible for developing and monitoring a comprehensive Employment Program.

Is there an exemption to the ban on direct hiring as stated in Article 18?

Yes, the ban on direct hiring excludes members of the Diplomatic core, International organizations, and such other employers as may be allowed by the Secretary of Labor.

Is it mandatory for all Filipino workers abroad to remit a portion of their foreign exchange earnings to their families, dependents, and/or beneficiaries in the country as per Article 22?

No, remittance is 100% voluntary.

What percentage of the capital stock should be owned by Filipinos for an entity to be permitted to participate in the recruitment and placement of workers as per Article 27?

At least 75% of the capital stock should be owned by Filipinos.

When is it acceptable for a recruitment agency to induce a worker already employed to quit his employment in order to offer him to another employer as per Article 34?

It is acceptable when the transfer is designed to liberate the worker from oppressive terms and conditions of employment.

What are the penalties for illegal recruitment, except for life imprisonment, as stated in Article 39?

The penalties for illegal recruitment include a fine of 1 million pesos and the closure of the recruitment agency.

What document do non-resident aliens need to secure to be able to engage in employment in the Philippines according to Article 42?

Non-resident aliens need to secure an employment permit to be able to engage in employment in the Philippines.