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FUNDAMENTAL PRINCIPLES AND POLICIES

LABOR LAW

Q: What is labor?

A: It is the exertion by human beings of physical or mental efforts, or both, towards the production of goods and services.

Q: What is labor law?

A: The law governing the rights and duties of the employer and employees with respect to:

1. The terms and conditions of employment and

2. Labor disputes arising from collective bargaining (CB) respecting such terms and conditions.

Q: What is the purpose of labor legislation?

A: Labor legislation is an exercise of police power. The purpose of labor legislation is to regulate the relations between employers (Ers) and employees (Ees) respecting the terms and conditions of employment, either by providing for certain standards or for a legal framework within which better terms and conditions of work could be negotiated through CB. It is intended to correct the injustices inherent in ErEe relationship. (2006 Bar Question)

Q: What are the classifications of labor law?

A:

1. Labor standards The minimum terms and conditions of employment prescribed by existing laws, rules and regulations relating to wages, hours of work, costof living allowance and other monetary and welfare benefits . (Batong Buhay Gold Mines, Inc. v. Dela Serna, G.R. No. 86963, August 6,1999) e.g. 13 th month pay

2. Labor relations – Defines and regulates the status, rights and duties, and the institutional mechanisms, that govern the individual and collective interactions of Ers, Ees, or their representatives. It is concerned with the stabilization of relations of Er and Ees and seek to forestall and adjust the differences between them by the encouragement of collective bargaining and the settlement of labor disputes through conciliation, mediation and arbitration. e.g. Additional allowance pursuant to CBA

3. Social legislation It includes laws that provide particular kinds of protection or benefits to society or segments thereof in furtherance of social justice. e.g. GSIS Law, SSS Law, Philhealth benefits

Q: Is there any distinction between labor legislation and social legislation? Explain.

A: Labor legislation is sometimes distinguished from social legislation by the former referring to labor statutes, like Labor Relations Law and Labor Standards, and the latter to Social Security Laws. Labor legislation focuses on the rights of the worker in the workplace.

Social legislation is a broad term and may include not only laws that give social security protection, but also those that help the worker secure housing and basic necessities. The Comprehensive Agrarian Reform Law could also be considered a social legislation. All labor laws are social legislation, but not all social legislation is labor law. (1994 Bar Question)

Q: What are the sources of labor laws?

A:

1. Labor Code and other related special legislation

2. Contract

3. Collective Bargaining Agreement

4. Past practices

5. Company policies

A. FUNDAMENTAL PRINCIPLES AND POLICIES

1.CONSTITUTIONAL PROVISIONS

Q: What are the constitutional mandates with regard labor laws?

A:

1. Sec. 3 , Art. XIII – The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.

It shall guarantee the rights of all workers to self organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision making processes affecting their

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rights and benefits as may be provided by law.

 

provides

incentives

to

needed

investments.

The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace. The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to

reasonable returns to investments, and to expansion and growth.

9. Sec. 1, Art. III No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.

10. Sec. 4, Art. III No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.

2. Sec. 9, Art. II The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all.

3. Sec. 10, Art II The State shall promote social justice in all phases of national development.

11. Sec. 8, Art. III The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.

12. Sec. 1, Art. XIII The Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good.

To this end, the State shall regulate the

4. Sec. 11, Art II The State values the dignity of every human person and guarantees full respect for human rights.

 

acquisition,

ownership,

use,

and

 

disposition

of

property and

its

5. Sec. 13, Art. II The State recognizes the vital role of the youth in nationbuilding and shall promote and protect their physical, moral, spiritual, intellectual, and social wellbeing. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.

6. Sec. 14, Art. II The State recognizes the role of women in nation building, and shall ensure the fundamental equality before the law of women and men.

increments.

13. Sec. 2, Art. XIII The promotion of social justice shall include the commitment to create economic opportunities based on freedom of initiative and self reliance.

14. Sec. 14, Art. XIII – The State shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation.

Q: What is the State policy on labor as found in the constitution (Sec. 3, Art. XIII)?

7. Sec. 18, Art. II The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.

A:

 

1. Afford full protection to labor

 

8. Sec. 20, Art. II The State recognizes the indispensable role of the private sector, encourages private enterprise, and

2. Promote full employmen t

 

3. Ensure equal work opportunities regardless of sex, race, or creed

FUNDAMENTAL PRINCIPLES AND POLICIES

4. Assure the rights of workers to self organization , security of tenure , just and humane conditions of work, participate in policy and decision making processes affecting their right and benefits

5. Regulate the relations between workers and employers

Q: What are the basic rights of workers guaranteed by the Constitution (Sec. 3, Art. XIII)?

A:

1. Security of tenure

2. Receive a living wage

3. Humane working conditions

4. Share in the fruits of production

5. Organize themselves

6. Conduct collective bargaining or negotiation with management

7. Engage in peaceful concerted activities including strike

8. Participate in policy and decision making processes

Q: What is the principle of non oppression?

A: The principle mandates capital and labor not to act oppressively against each other or impair the interest and convenience of the public. The protection to labor clause in the Constitution is not designed to oppress or destroy capital. (Capili v. NLRC, G.R. No. 117378, Mar. 26, 1997)

2.NEW CIVIL CODE AND OTHER LAWS

Q: What are other related laws to labor?

A:

1. Civil Code

a. Art. 1700 – The relations between capital and labor are not merely contractual. They are so impressed with public interest that labor contracts must yield to the common good. Therefore, such contracts are subject to the special laws on labor unions, collective bargaining, strikes and lockouts, closed shop, wages, working conditions, hours of labor and similar subjects.

b. Art. 1701 – Neither capital nor labor shall act oppressively against the other, or impair the interest or convenience of the public.

c. Art. 1702 – In case of doubt, all labor legislation and all labor contracts shall be construed in favor of the

safety and decent living for the laborer.

d. Art. 1703 – No contract which practically amounts to involuntary servitude, under any guise whatsoever, shall be valid.

2. Revised Penal Code Art. 289 Formation, maintenance and prohibition of combination of capital or labor through violence or threats. – Any person who, for the purpose of organizing, maintaining or preventing coalitions or capital or labor, strike of laborers or lock out of employees, shall employ violence or threats in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work, if the act shall not constitute a more serious offense in accordance with the provisions of the RPC.

3. Special Laws

a. GSIS Law

b. 13 th Month Pay Law

c. Retirement Pay Law

d. SSS Law

e. Paternity Leave Act

f. Anti Child Labor Act

g. Anti – Sexual Harassment Act

h. Magna Carta for Public Health Workers

i. Solo Parents Welfare Act of 2000

j. National Health Insurance Act as amended by R.A. 9241

k. Migrant Workers and Overseas Filipinos Act of 1995 as amended by RA 10022

l. PERA Act of 2008

m. Home Development Mutual Fund Law of 2009

n. The Magna Carta of Women

o. Comprehensive Agrarian Reform Law as amended by R.A. 9700

3.LABOR CODE

Q: What is the aim of labor laws?

A: The justification of labor laws is social justice. Social justice is “neither communism, nor despotism, nor atomism, nor anarchy,” but the humanization of laws and the equalization of social and economic force by the State so that justice in its rational and objectively secular conception may at least be approximated. Social justice means the promotion of the welfare of all the people, the

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adoption by the government of measures calculated to insure economic stability of all the competent elements of society, through the maintenance of a proper economic and social equilibrium in the interrelations of the members of the community, constitutionally, through the

A: No, the Constitution provides that the State shall afford full protection to labor. Furthermore, the State affirms labor as a primary economic force. It shall protect the rights of workers and promote their welfare. (1998 Bar Question)

adoption of measures legally justifiable, or extra constitutionally, through the exercise of powers underlying the existence of all governments on the time honored principle of salus populi est suprema lex. (Calalang v. Williams, G.R. No. 47800, Dec. 2,

 

a.Art. 3. Declaration of Basic Policy

Q: What is the policy of the State as regards labor as found in the Labor Code (Art. 12)?

1940)

A:

Q: What is “compassionate justice”?

1. Promote and maintain a State of full employment through improved manpower training, allocation and utilization;

2. Protect every citizen desiring to work locally or overseas by securing for him the best possible terms and conditions of employment;

A: It is disregarding rigid rules and giving due weight to all equities of the case.

e.g: Employee validly dismissed may still be given severance pay.

Q: How should doubts in the implementation and interpretation of the Labor Code (LC) and its Implementing Rules and Regulations (IRR) be resolved?

 

3. Facilitate a free choice of available employment by persons seeking work in conformity with the national interest;

4. Facilitate and regulate the movement of workers in conformity with the national interest;

A: They should be resolved in favor of labor.

Q: What is the concept of liberal approach in interpreting the LC and its IRR?

A: The workers' welfare should be the paramount consideration in interpreting the LC and its IRR. This is rooted in the constitutional mandate to afford full protection to labor. (PLDT v. NLRC, G.R. No. 111933, July 23, 1997). It underscores the policy of social justice to accommodate the interests of the working class on the humane justification that those who have less in life shall have more in law. (PAL v. Santos, G.R. No. 77875, Feb. 4, 1993). (2006 Bar Question)

 

5. Regulate the employment of aliens, including the establishment of a registration and/or work permit system;

6. Strengthen the network of public employment offices and rationalize the participation of the private sector in the recruitment and placement of workers, locally and overseas, to serve national development objectives;

7. Ensure careful selection of Filipino workers for overseas employment in order to protect the good name of the Philippines abroad.

Q: What are the reasons for affording greater protection to employees?

Q: Art. 4 of the LC provides that in case of doubt in the implementation and interpretation of the provisions of the LC and its IRR, the doubt shall be resolved in favor of labor. Art. 1702 of the Civil Code also provides that in case of doubt, all labor legislation and all labor contracts shall be construed in favor of the safety and decent living of the laborer.

A:

 

1.

Greater supply than demand for labor; and

2.

Need for employment by labor comes from vital and desperate necessity . (Sanchez v. Harry Lyons Construction Inc., G.R. L 2779, Oct. 18, 1950)

MicaMara Company assails the validity of these statutes on the ground that they violate its constitutional right to equal protection of the laws. Is the contention of Mica Mara Company tenable? Discuss fully.

Q: Are all labor disputes resolved in favor of labor?

A: No. The law also recognizes that management has rights which are also entitled to respect and enforcement in the interest of fair play. (St. Lukes Medical Center Ees Ass’n v. NLRC, G.R. No. 162053, Mar. 7, 2007)

FUNDAMENTAL PRINCIPLES AND POLICIES

b.Art. 5. Rules and Regulations

Q: Who is given the “rule making power”?

A: The Department of Labor and other gov’t agencies charged with the administration and enforcement of the Labor Code or any of its parts shall promulgate the necessary implementing rules and regulations. Such rules and regulations shall become effective 15 days after announcement of their adoption in newspapers of general circulation.

Q: What are the limitations to the “rule making power” given to the Secretary of Labor and Employment and other gov’t agencies?

A: It must:

1. Be issued under the authority of the law

2. Not be contrary to law and the Constitution

c.Art. 6. Applicability

Q: To whom shall all rights and benefits under the LC apply?

A: GR: All rights and benefits granted to workers under the LC shall apply alike to all workers, whether agricultural or non agricultural.

XPN:

1.

Government employees (Ees)

2.

Ees of government corporations created by special or original charter

3.

Foreign governments

4.

International agencies

5.

Corporate officers/ intra corporate disputes which fall under P.D. 902A and now fall under the jurisdiction of the regular courts pursuant to the Securities Regulation Code (SRC).

6.

Local water district except where NLRC’s jurisdiction is invoked.

7.

As may otherwise be provided by the LC

Q: What is the test in determining whether a GOCC is subject to the Civil Service Law?

A: It is determined by the manner of their creation. Gov’t corporations that are created by special (original) charter from Congress are subject to Civil Service rules, while those incorporated under the General Corporation Law are covered by the LC.

Q: Who is an agricultural/farm worker?

A:

1. One employed in an agricultural or farm enterprise,

2. Performs tasks which are directly related to agricultural activities of the Er, and

3. Any activities performed by a farmer as an incident to farming operations.

d.Art. 211. Declaration of Policy

Q: What are the policy objectives of our labor relations law?

A: The state aims to promote:

1. Free collective bargaining (CB) and negotiations, including voluntary arbitration, mediation and conciliation as modes of settling labor or industrial disputes;

2. Free trade unionism;

3. Free and voluntary organization of a strong and united labor movement;

4. Enlightenment of workers concerning their rights and obligations as union members and as Ees;

5. Adequate administrative machinery for the expeditious settlement of labor or industrial disputes;

6. Stable but dynamic and just industrial peace;

7. Participation of workers in the decision making processes affecting their rights, duties and welfare;

8. Truly democratic method of regulating the relations between the Ers and Ees by means of agreements freely entered into through CB, no court or administrative agency or official shall have the power to set or fix wages, rates of pay, hours of work or other terms and conditions of employment, except as otherwise provided under the LC.

e.Art. 212. Definitions

Q: Who is an employer (Er)?

A: Any person acting in the interest of an Er, directly or indirectly. The term does not include a labor organization (LO) or any of its officers and agents, except when acting as an Er. (Art.212[e])

An Er is defined as any person or entity that employs the services of others; one for whom work and who pays their wages of salaries; any person acting in the interest of an Er; refers to the enterprise where the LO operates or seeks to operate. (Sec.1[s], Rule I, Book V, IRR)

Q: When is a labor organization deemed an Er?

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A: When it is acting as such in relation to persons rendering services under hire, particularly in connection with its activities for profit or gain.

Note: The mere fact that respondent is a labor union does not mean that it cannot be considered an Er for persons who work for it. Much less should it be exempted from labor laws. (Bautista v. Inciong, G.R. No. L 52824, Mar. 16, 1988)

Q: Who is an employee (Ee)?

A:

1. Any person in the employ of the Er

2. Any individual whose work has ceased as a result of or in connection with any current labor dispute or because of any unfair labor practice if he has not obtained any other substantially equivalent and regular employment

3. One who has been dismissed from work but the legality of dismissal is being contested in a forum of appropriate jurisdiction. (D.O. No. 4003, Mar. 15,

2003)

Note: The term shall not be limited to the Ees of a particular Er unless the LC explicitly states.

Any Ee, whether employed for a definite period or not, shall, beginning on the first day of service, be considered an Ee for purposes of membership in any labor union. (Art. 277[c], LC)

Q: What is a labor dispute?

A: Includes any controversy or matter concerning:

1. Terms and conditions of employment, or

2. The association or representation of persons in negotiating, fixing, maintaining, changing or arranging the terms and conditions of employment

3. Regardless of whether the disputants stand in the proximate relation of Er and Ee. (Art.212[l])

Q: What are the tests on whether a controversy falls within the definition of a labor dispute?

A:

1. As to nature – It depends on whether the dispute arises from ErEe relationship, although disputants need not be proximately “Er” or “Ee” of another.

2. As to subject matter The test depends on whether it concerns terms or conditions of employment or association

or representation

of

persons

in

negotiating, fixing, maintaining

or

changing

terms

or conditions

of

employment.

Q: What are the kinds of labor disputes?

A:

1. Labor standard disputes

a. Compensation – E.g. Underpayment of minimum wage; stringent output quota; illegal pay deductions

b. Benefits – E.g. Non payment of holiday pay, OT pay or other benefits

c. Working Conditions – E.g. Unrectified work hazards

2. Labor relations disputes

a. Organizational right disputes/ULP – E.g. Coercion, restraint or interference in unionization efforts; reprisal or discrimination due to union activities; company unionism; ULP, strike or lockout; union members’ complaint against union officers

b. Representation disputes – E.g. Uncertainty as to which is the majority union; determination of appropriate CB unit; contests for recognition by different sets of officers in the same union

c. Bargaining disputes – E.g. Refusal to bargain; bargaining in bad faith; bargaining deadlock; economic strike or lockout

d. Contract administration or personnel policy disputes – E.g. Non compliance with CBA provision (ULP if gross non compliance with economic provisions); disregard of grievance machinery; non observance of unwarranted use of union security clause; illegal or unreasonable personnel management policies; violation of nostrike/nolockout agreement

e. Employment tenure disputes – E.g. Non regularization of Ees; non absorption of labor only contracting staff; illegal termination; non issuance of employment contract

Q: Who are the parties to a dispute?

FUNDAMENTAL PRINCIPLES AND POLICIES

A:

1. Primary parties are the Er, Ees and the union.

2. Secondary parties are the voluntary arbitrator, agencies of DOLE, NLRC, Secretary of Labor and the Office of the President.

Q: What is an interunion dispute?

A: Any conflict between and among legitimate labor unions involving representation questions for the purposes of CB or to any other conflict or dispute between legitimate labor unions.

Q: What is an intraunion dispute?

A: Any conflict between and among union members, grievances arising from any violation of the rights and conditions of membership, violation of or disagreement over any provision of the union’s constitution and by laws, or disputes from chartering or affiliation of union.

Q: What are rights disputes?

A: They are claims for violations of a specific right arising from a contract, i.e. CBA or company policies.

Q: What are interest disputes?

A: They involve questions on “what should be included in the CBA”. Strictly speaking, the parties may choose a voluntary arbitrator to decide on the terms and conditions of employment, but this is impracticable because it will be a value judgment of the arbitrators and not of the parties.

Q: What are contract–negotiation disputes?

A: These are disputes as to the terms of the CBA.

Q: What are contract–interpretation disputes?

A: These are disputes arising under an existing CBA, involving such matters as the interpretation and application of the contract, or alleged violation of its provisions.

f.Art. 255. Exclusive Bargaining Representation (EBR) and Worker’s Participation in Policy and Decision Making

Q: Who shall be the bargaining representative of the Employees for purposes of collective bargaining?

A: The Labor Organization designated or selected by the majority of the employees in an appropriate collective bargaining unit shall be the exclusive representative of the employees in such unit for the purpose of collective bargaining. However, an individual employee or group of employees shall have the right at any time to present grievances to their employer. (As amended by Sec. 22, R.A. No. 6715, Mar. 15, 1989)

Q: What is the extent of the worker’s right to participate in policy and decision making processes in a company?

A: Such right refers not only to formulation of corporate programs and policies but also to participation in grievance procedures and voluntary modes of settling disputes.

Q: Explain the extent of the workers’ right to participate in policy and decision making process as provided under Art. XIII, Sec. 13 of the 1987 Constitution. Does it include membership in the Board of Directors of a corporation?

A: No. In Manila Electric Company v. Quisumbing, G.R. No. 127598, January 27, 1999, the SC recognized the right of the union to participate in policy formulation and decision making process on matters affecting the Union members’ rights, duties and welfare. However, the SC held that such participation of the union in committees of Er Meralco is not in the nature of a co management control of the business of Meralco. Impliedly, therefore, workers’ participatory right in policy and decision making processes does not include the right to put a union member in the Corporation’s Board of Directors. (2008 Bar Question)

Q: May an Er solicit questions, suggestions and complaints from Ees even though the Ees are represented by a union?

A: Yes, provided:

1. The CB representative executes an agreement waiving the right to be present on any occasion when Ee grievances are being adjusted by the Er; and

2. Er acts strictly within the terms of his waiver agreement.

Q: The hotel union filed a Notice of Strike with the NCMB due to ULP against the Diamond Hotel who refused to bargain with it. The hotel advised the union that since it was not certified by the DOLE as the exclusive bargaining agent, it could not be

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recognized as such. Whether the Union may bargain collectively?

A: No. Art. 255 of the LC declares that only the labor organization designated or selected by the majority of the Ees in an appropriate collective bargaining (CB) unit is the exclusive representative of the employees (Ees) in such unit for the purpose of CB. The union is admittedly not the exclusive representative of the majority of the Ees of the hotel, hence, it could not demand from the hotel the right to bargain collectively in their behalf. (Manila Diamond Hotel v. Manila Diamond Hotel Ees Union, G.R. No. 158075, June 30, 2006)

Q: Are probationary Ees allowed to vote at the time of the certification elections?

A: Yes. Under Art. 255 of the LC the “labor organization designated or selected by the majority of the Ees in an appropriate bargaining unit shall be the exclusive representative of the Ees in such unit for purposes of CB.” CB covers all aspects of the employment relation and the resultant CBA negotiated by the certified union binds all Ees in the bargaining unit. Hence, all rank and file Ees, probationary or permanent, have a substantial interest in the selection of the bargaining representative. The LC makes no distinction as to their employment status as basis for eligibility in supporting the petition for certification election. The law refers to "all" the Ees in the bargaining unit. All they need to be eligible to support the petition is to belong to the "bargaining unit." The provision in the CBA disqualifying probationary Ees from voting cannot override the constitutionally protected right of workers to self organization, as well as the provisions of the LC and its implementing rules on certification elections and jurisprudence. A law is read into, and forms part of, a contract. Provisions in a contract are valid only if they are not contrary to law, morals, good customs, public order or public policy. (NUWHRAIN MPHC v. SLE, G.R. No. 181531, July 31, 2009)

RECRUITMENT AND PLACEMENT

B. RECRUITMENT AND PLACEMENT

1. RECRUITMENT OF LOCAL AND MIGRANT WORKERS

a.Recruitment and Placement

Q: Who is a worker?

A: Any member of the labor force, whether employed or unemployed. (Art. 13 [a], LC)

Q: What is recruitment and placement?

A:

1. Any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers; and

2. Includes referrals, contact services, promising or advertising for employment, locally or abroad, whether for profit or not. (Art. 13 [b],LC)

Q: What are the essential elements in determining

whether one recruitment/placement?

in

is

engaged

A: It must be shown that:

1. The accused gave the complainant the distinct impression that she had the power or ability to send the complainant for work,

2. Such that the latter was convinced to part with his money in order to be so employed. (People v. Goce, G.R. No. 113161, Aug. 29, 1995)

Q: Who is deemed engaged in recruitment and placement?

A: Any person or entity which, in any manner, offers or promises for a fee employment to 2 or more persons. (Art. 13[b], LC)

Q: What is the rule in recruitment and placement?

A: GR : No person or entity other than the public employment offices, shall engage in the recruitment and placement of workers

XPN:

1. Construction contractors if authorized by the DOLE and Construction Industry Authority

2. Other persons or entities as may be authorized by the SLE

3. Members of the diplomatic corps (but hiring must go through POEA)

4. Public employment offices

5. Private recruitment offices

6. Private employment agencies

7. POEA

8. Shipping or manning agents or representatives

9. Name hires

Q: Who are name hires?

A: They are individual workers who are able to secure contracts for overseas employment on their own efforts and representations without the assistance or participation of any agency. Their hiring, nonetheless, shall pass through the POEA for processing purposes. (Part III, Rule III, POEA Rules Governing Overseas Employment as amended in

2002)

Q: What if employment is offered to only one person?

A: Immaterial. The number of persons dealt with is not an essential ingredient of the act of recruitment and placement of workers. The proviso merely lays down a rule of evidence that where a fee is collected in consideration of a promise or offer of employment to 2 or more prospective workers, the individual or entity dealing with them shall be deemed to be engaged in the act of recruitment and placement. The words "shall be deemed" create that presumption . (People v. Panis, G.R. L 5867477, July 11, 1986)

Q: What is a private employment agency?

A: Any person or entity engaged in the recruitment and placement of workers for a fee which is charged, directly or indirectly, from the workers or employers or both.

Q: What is a private recruitment agency?

A: It is any person or association engaged in the recruitment and placement of workers without charging any fee, directly or indirectly, from the workers or employers.

Q: Who is a seaman?

A: Any person employed in a vessel engaged in maritime navigation.

Q: What is overseas employment?

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A: It is employment of a worker outside the Philippines.

Q: Who is an overseas Filipino worker (OFW)?

A: A person who is to be engaged, is engaged or has been engaged in a remunerated activity in a State of which he or she is not a citizen or on board a vessel navigating the foreign seas other than a government ship used for military or non commercial purposes or on an installation located offshore or on the high seas; to be used interchangeably with migrant worker. (Sec.2, R.A. 10022 amending R.A. 8042)

Q: Who is an emigrant?

A: Any person, worker or otherwise, who emigrates to a foreign country by virtue of an immigrant visa or resident permit or its equivalent in the country

of destination.

b.Illegal Recruitment, Art. 38 (Local), Sec. 6, Migrant Workers Act, RA 8042

(a)License v. Authority

Q: What is a license?

A: It is issued by DOLE authorizing a person or entity to operate a private employment agency.

Q: What is an Authority?

A: It is a document issued by the DOLE authorizing

a person or association to engage in recruitment

and placement activities as a private recruitment entity.

Q: Who is a non licensee / non holder of authority?

A: Any person, corporation or entity:

1. Which has not been issued a valid license or authority to engage in