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LABOR STANDARDS AND SOCIAL LEGISLATION

CAVEAT: THIS SHALL ONLY SERVE AS A STUDY GUIDE. THIS IS NOT IN ITSELF ASTUDY MATERIAL; YOU STILL HAVE TO READ AND UNDERSTAND THE PERTINENT

PROVISIONS OF THE LAW

NOTES ON RECRUITMENT AND PLACEMENT OF WORKERS:

Relevant laws on recruitment and placement:1) Pertinent provisions of the Labor Code;2) Republic Act 8042, as amended by Republic Act 10022.

Basic concepts of recruitment and placement:1) Recruitment and placement, defined: any act of canvassing, enlisting, contracting,

transporting, utilizing, hiring or procuring workers, including referrals,contract services, promising or advertising for employment (see Article 13 par. Bof the Labor Code);

2) Recruitment and placement of workers may either be for local or overseasemployment;

3) Recruitment and placement may or may not be for profit;4) Any person or entity which, in any manner, offers or promises for a fee, employment

to two (2) or more persons is DEEMED or PRESUMED to be engaged in recruitmentand placement;

The following are the entities authorized to engage in recruitment and placement:1) Public employment offices;2) Philippines Overseas Employment Administration (POEA);3) Private recruitment agencies;4) Private employment agencies (private fee-charging employment agency);5) Shipping or manning agencies;6) Such other persons or entities as may be authorized by the Secretary of Labor and

Employment; and,7) Construction contractors.

Take note of the difference between private recruitment agency and private employmentagency ; see Article 13 paragraphs (c) and (e) of the Labor Code.

Take note of the difference between a license and authority ; see Article 13 paragraphs (d)and (f).

Basic concepts of overseas employment:1) Overseas Employment, defined: an employment of a worker outside the

Philippines (see Article 13 par. H);2) However, said definition is insufficient under the POEA Rules and Regulations. Thus,

it is more sufficiently defined as an employment of a Filipino worker outside thePhilippines covered by a valid contract duly approved by the POEA ;

3) Take note of the terms migrant worker and overseas Filipino worker (see Section3 par. A of Republic Act 8042, as amended by Section 2 of Republic Act 10022);

4) Likewise, take note of the following important terms:i) Overseas Filipinos (see Section 3, Republic Act 8042)- However, you

have to consider that said term refers not only to the dependents ofthe migrant workers and other Filipino nationals, but to the migrantworkers themselves;

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ii) Overseas Filipinos in distress (see Sections 2, 24 and 26 of RepublicAct 8042);

iii) Documented migrant workers; iv) Undocumented migrant workers; v) Undocumented Filipinos;

vi) Undocumented migrant workers; vii) Seaman However, recent issuances no longer use the word seaman ;rather the term seafarer is being used as referring to any person whois employed or engaged in any capacity on board a seagoing shipnavigating the foreign seas other than a government ship used formilitary or non-commercial purposes, including fishermen, cruise ship personnel and those serving on foreign maritime mobileoffshore and drilling units ;

viii) Emigrant - this term is now referred to as legal resident , who isdefined as a person who has obtained permanent residency statusin accordance with the law of the host country ;

5) The local recruitment agency/office/entity shall be SOLIDARILY liable with theforeign principal for which a Filipino worker is recruited and placed foremployment. The termination of their relationship does not and will not affect thenature of their liability;

6) It shall be the POEA which has the jurisdiction over disciplinary cases againstoverseas Filipino workers;

7) Foreign principals/employers CANNOT directly hire Filipino workers for overseasemployment EXCEPT through those authorized entities hereinabove enumerated;

Illegal Recruitment:1) Take note of its definition as provided under Republic Act 8042, as amended by

Republic Act 10022;2) Likewise, take note of the prohibited acts associated with illegal recruitment;3) The persons criminally liable for illegal recruitment are the principals, accomplices

and accessories. In case of juridical persons, the officers having ownership, control,management or direction of their business who are responsible for the commissionof the offense and the responsible employees/agents thereof shall be liable;

4) Mere impression that the recruiter is capable of providing work abroad when, intruth and in fact, he/she is not, shall be sufficient to constitute illegal recruitment;

5) Mere promise of employment abroad amounts to recruitment;6) Whether the recruitment is done for profit or not is immaterial in determining

whether the recruitment is illegal;7) Even if there is only one (1) person recruited, the recruiter may still be convicted for

illegal recruitment;8) Take note of the following terms: (i) illegal recruitment involving economic

sabotage; (ii) illegal recruitment by a syndicate; (iii) illegal recruitment in large scale ;