3) CHRA by HREAP Reviewer. Drills for Philippine Labor Code & HR Laws. SET II. Book 1 Pre-Employment
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
- π The state regulates the employment of aliens, including establishing a registration and work permit system.
- π Article 13 defines 'worker' as any member of the labor force, employed or unemployed.
- π 'Recruitment and placement' refers to activities like enlisting, contracting, or procuring workers, including referrals and job orders.
- π« An entity is deemed engaged in recruitment and placement only if it offers employment to two or more persons.
- πΌ A 'private fee-charging Employment Agency' is defined as someone who charges a fee for recruitment and placement services.
- π A 'license' is a document issued by the Department of Labor authorizing operation of a private Employment Agency.
- π’ 'Private recruitment entity' refers to individuals or associations that recruit and place workers without charging fees.
- π³ 'Seaman' is used to describe a person employed in a vessel engaged in maritime navigation.
- π 'Immigrant' is defined as a person who moves to a foreign country with an immigrant visa or resident permit.
- ποΈ The Bureau of Employment Services is primarily responsible for developing and monitoring a comprehensive Employment Program.
- π« Direct hiring is banned, with no exemptions for members of the diplomatic core or international organizations.
- π΅ Remittance of foreign exchange earnings by Filipino workers abroad is voluntary, not mandatory.
- βοΈ Travel agencies and airline sales agencies are prohibited from engaging in recruitment and placement for overseas employment.
- πΉ For an entity to participate in recruitment and placement, at least 75% of the capital stock must be owned by Filipinos.
- π« It is acceptable for a recruitment agency to induce a worker to quit for another employer to liberate them from oppressive terms.
- π’ Large-scale illegal recruitment is deemed committed when it involves three or more persons.
- π° The penalty for illegal recruitment includes a fine of up to 1 million pesos and closure of the recruitment agency.
- π Non-resident aliens are permitted to be employed in the Philippines if no competent, able, and willing Filipino is available for the job.
- π 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
π 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.
πΌ 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
π‘Aliens
π‘Discrimination
π‘Recruitment and Placement
π‘Private Fee-Charging Employment Agency
π‘License
π‘Private Recruitment Entity
π‘Seaman
π‘Immigrant
π‘Bureau of Employment Services
π‘Direct Hiring
π‘Illegal Recruitment
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.
Transcripts
one article 12 it is the policy of the
state to regulate the employment of
aliens a true B false the state
discourages discrimination against all
workers especially foreign
Nationals the answer is a true the state
regulates the employment of aliens
including the establishment of a regist
ation and or work permit system two
Article 13 this term means any member of
the labor force whether employed or
unemployed a
Manpower B
labor C worker D
employee the answer is C
worker three Article 13 this refers to
any Act of canvasing enlisting
Contracting transporting utilizing or
procuring workers and includes referrals
Contract Services promising or
advertising for employment locally or
abroad whether for profit or not a
recruitment and
placement B job order C Human Resource
Management the answer is Recruitment and
placement four Article 13 if an entity
offers employment for a fee to one
person shall the said entity be deemed
engaged in Recruitment and
placement a yes B
no Article 13 states The Entity must
offer employment to two or more persons
to be deemed engaged in Recruitment and
placement the answer is B no offer must
be to two or more
persons five article 133 this term means
any person or entity engaged in
Recruitment and placement of of workers
for a fee which is charged from the
workers or employers or both a private
fee charging Employment Agency B
placement
agency c o
WWA the answer is private fee charging
Employment
Agency six Article 13 this term refers
to a document issued by the Department
of Labor authorizing a person or entity
to operate a private Employment Agency a
Visa B
license C permit the answer is B
license 7 Article 13 this term refers to
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 a private recruitment entity b
o
WWA C placement
agency the answer is private recruitment
entity 8 Article 13 this term refers to
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 a
license B permit C
Authority the answer is C Authority
nine Article 13 this refers to any
person employed in a vessel engaged in
Maritime
navigation a Navy B
Seaman
CW the answer is B Seaman 10 art 13 this
refers to any person worker or otherwise
who immigrates to a foreign country by
virtue of an immigrant Visa or resident
permit or it's equivalent in the country
of
destination a
immigrant B overseas Filipino
worker C
expat the answer is a
immigrant 11 article
15th this body shall be primarily
responsible for developing and
monitoring a comprehensive Employment
Program a o
WWA B do c Bureau of Employment
Services the answer is C Bureau of
Employment
Services 12 art 18 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 Exempted from this provision a
true B false there is no exemption to
the ban on Direct hiring the answer
answer is a true 13 article 22 it shall
be 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 a true B false remittance
is 100%
voluntary the answer is a true 14
article 26 our travel agencies allowed
to engage in
recruitment a yes B
no the answer is B no travel agencies
and sales agencies of airline companies
are prohibited from engaging in the
business of Recruitment and placement of
workers for overseas employment whether
for profit or not 15 article 27 how much
of the Capital stock should be owned by
Filipinos for the entity to be permitted
to participate in the recruitment and
placement of
workers a
100% B at least
50% C
75% D no more than
80% the answer is C
75% 16 article 34 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 a a it is never
acceptable B when the transfer is
designed to liberate the worker from
oppressive terms and conditions of
employment the answer is B when the
transfer is designed to free the worker
from
oppression 17 article
38 when is illegal recruitment deemed
committed in large scale a when it is
committed against three or more
persons B when it involves well-known
syndicates C when it has victimized 10
or more
persons the answer is a when it is
committed against three or more
persons 18 article 39 the following are
the penalties for illegal recruitment
except life
imprisonment B 100,000 PES so fine C
closure of recruitment agency d 1
million pay so
fine e vacation of
license the answer is d 1 million PES so
fine 19 art 40 in what condition are
non-resident aliens permitted to be
employed in the
Philippines a a non-availability of a
person in the Philippines who is
competent able and willing to perform
the services for which the alien desires
to be
employed be and non-resident aliens are
not allowed to seek employment in the
Philippines
the answer is a a non-availability of a
Filipino counterpart who qualifies for
the Post 20 article 42 what document do
non-resident aliens need to secure to be
able to engage in employment in the
Philippines a working Visa B employment
permit C labor
license the answer is B employment
permit
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