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

Test Prep Hero

15 Feb 202408:33

Summary

TLDRThis 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.

Outlines

00:00

📜 Labor Laws and Regulations

This paragraph discusses various articles from a labor law document, focusing on the employment of aliens, the definition of workers, recruitment and placement, and specific regulations surrounding employment agencies. It covers the state's policy on regulating alien employment, the establishment of a registration or work permit system, the meaning of 'worker', recruitment activities, and the conditions under which entities are considered engaged in recruitment and placement. It also includes the definition of a private fee-charging Employment Agency, the requirement for a license to operate such an agency, and the conditions under which non-resident aliens can be employed in the Philippines. Additionally, it addresses the responsibilities of the Bureau of Employment Services and the ban on direct hiring, emphasizing the exemptions and the penalties for illegal recruitment.

05:06

💼 Overseas Employment and Remittances

The second paragraph delves into the specifics of overseas employment for Filipino workers, including the requirement for them to remit a portion of their earnings, the prohibition of travel agencies from engaging in recruitment, and the ownership requirements for entities participating in recruitment and placement. It also addresses the conditions under which a recruitment agency can induce a worker to quit their employment, the penalties for large-scale illegal recruitment, and the employment conditions for non-resident aliens in the Philippines. The paragraph concludes with the necessary documents non-resident aliens need to secure for employment, highlighting the importance of an employment permit.

Mindmap

Keywords

💡Aliens

In the context of the video script, 'aliens' refers to foreign nationals or non-citizens who seek employment in the state. The script outlines policies and regulations that govern their employment, emphasizing the state's role in establishing systems like registration and work permits. This term is central to understanding the video's theme of labor force management and the legal framework surrounding foreign workers.

💡Discrimination

The script mentions that the state discourages discrimination against all workers, especially foreign nationals. 'Discrimination' here refers to unfair treatment based on nationality, ethnicity, or other factors, which is a key issue in labor rights and employment equity. The video's mention of this term underscores the importance of inclusive and fair labor practices.

💡Recruitment and Placement

This concept is repeatedly mentioned in the script, referring to the activities of enlisting, contracting, or procuring workers for employment, whether locally or abroad. It is a core part of the video's narrative on the regulation of employment agencies and the services they provide. The script clarifies that these activities must be conducted legally and ethically, with certain restrictions and requirements in place.

💡Private Fee-Charging Employment Agency

The script defines this term as an entity engaged in recruitment and placement of workers for a fee charged to workers or employers. This keyword is crucial for understanding the video's discussion on the types of employment agencies and their operations, highlighting the commercial aspect of recruitment services and the associated regulatory requirements.

💡License

In the script, a 'license' is a document issued by the Department of Labor authorizing a person or entity to operate a private employment agency. This term is integral to the video's theme of regulation and authorization, emphasizing the necessity of official permission to engage in recruitment activities legally.

💡Private Recruitment Entity

This term refers to any person or association that recruits and places workers without charging a fee, as mentioned in the script. It is a key concept in the video's exploration of different recruitment models and the ethical considerations surrounding fee-free services, which can be contrasted with fee-charging agencies.

💡Seaman

The script specifies 'seaman' as a term for individuals employed in vessels engaged in maritime navigation. This keyword is relevant to the video's broader discussion on specialized employment sectors and the specific regulations that may apply to them, such as the unique labor conditions and international standards for seafarers.

💡Immigrant

An 'immigrant' is defined in the script as a person who moves to a foreign country with an immigrant visa or resident permit. This term is significant to the video's theme as it relates to the broader migration patterns and the legal pathways for individuals seeking work in other countries, including the implications for labor markets and immigration policies.

💡Bureau of Employment Services

The script mentions this body as being primarily responsible for developing and monitoring a comprehensive Employment Program. This keyword is central to understanding the video's narrative on government structures and their role in employment services, emphasizing the importance of coordinated efforts to manage labor force development and employment opportunities.

💡Direct Hiring

The script discusses a ban on direct hiring with certain exemptions, such as for members of the diplomatic core and international organizations. 'Direct Hiring' refers to the practice of employers recruiting and hiring workers without the intermediation of an employment agency. This term is important for understanding the video's discussion on recruitment practices and the legal boundaries set to protect workers and regulate the recruitment industry.

💡Illegal Recruitment

The script defines illegal recruitment and outlines the penalties for it, including fines and the closure of recruitment agencies. This keyword is crucial for the video's message on the legal consequences of unethical recruitment practices, emphasizing the state's efforts to protect workers from exploitation and ensure the integrity of the recruitment process.

Highlights

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

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

Recruitment and placement is defined as any act of canvassing, enlisting, contracting, transporting, utilizing, or procuring workers.

An entity is deemed engaged in recruitment and placement if it offers employment for a fee to two or more persons.

A private fee-charging Employment Agency is any person or entity engaged in recruitment and placement for a fee charged to workers or employers.

A license is a document issued by the Department of Labor authorizing a person or entity to operate a private Employment Agency.

A private recruitment entity is any person or association engaged in recruitment and placement without charging fees from workers or employers.

An Authority is a document issued by the Department of Labor authorizing a private recruitment entity to engage in recruitment and placement activities.

A Seaman refers to any person employed in a vessel engaged in maritime navigation.

An immigrant is any person who immigrates to a foreign country by virtue of an immigrant visa or resident permit.

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

The ban on direct hiring excludes members of the Diplomatic core and International organizations, with no exemptions allowed.

Remittance of foreign exchange earnings by Filipino workers abroad is 100% voluntary.

Travel agencies and sales agencies of airline companies are prohibited from engaging in recruitment and placement of workers for overseas employment.

For an entity to participate in recruitment and placement of workers, at least 75% of the capital stock should be owned by Filipinos.

It is acceptable for a recruitment agency to induce a worker to quit his employment to offer him to another employer when the transfer is designed to liberate the worker from oppressive terms and conditions.

Illegal recruitment is deemed committed in large scale when it is committed against three or more persons.

The penalties for illegal recruitment include a fine of 1 million PESO and the 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 services.

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