Unorganized, and Promote Full Employment and Equality of Employment Opportunities For All

INTRODUCTION
LABOR means physical toil

SALARY came from the Greek word Salarium which means salt
LABOR STANDARDS minimum requirements prescribed by existing laws, rules and regulations relating to hours of work, cost of
living allowance and other monetary and welfare benefits including occupational, safety and health standards
LABOR RELATIONS
KINDS OF LABOR LAWS

I.
LABOR STANDARDS LAWS
Laws, rules and regulations that set the minimum requirements for terms and conditions of employment such
as wages, hours of work, etc
II.
LABOR LAWS & SOCIAL LEGISLATIONS

Laws, rules and regulations that promote welfare of all sectors of society. This includes laws that provide
particular kinds of protection or benefits to the society, in furtherance of social justice.
Not all social legislation are labor laws.
SOURCES OF LABOR LAWS

I.
1987 Constitution
Art II, Sec 10

Section 10. The State shall promote social justice in all phases of national development.
Art II, Sec 18

Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of
workers and promote their welfare.
Art XII, Sec 12

Section 12. The State shall promote the preferential use of Filipino labor, domestic materials and
locally produced goods, and adopt measures that help make them competitive.
Art XIII, Sec 1

Section 1. 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 acquisition, ownership, use, and disposition of property
and its increments.
Art XIII, Sec 3*

Section 3. 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 rights and benefits as
may be provided by law.
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.
*2009 Bar Exam Question

Policies which were not covered in the Labor Code:
principle of shared responsibility between workers and employers and the
preferential use of voluntary modes in settling disputes
regulation of relations bet workers and employees
creation of economic opportunities
LABOR LAW REVIEW 1
*2006 Bar Exam Question

The purpose of labor legislation.
Art XIII, Sec 14

Section 14. 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.
Constitutional Provisions are not self-executing.
Jurisprudence:
Agabon vs NLRC:
The constitutional mandates of protection to labor and security of tenure may be
deemed as self-executing in the senses that these are automatically acknowledged and
observed without need for any enabling legislation. However to declare that the
constitutional provisions are enough to guarantee the full exercise of the rights
embodied therein, and the realization of ideals therein expressed, would be impractical,
if not unrealistic. The espousal of such view presents dangerous tendency of being
overboard and exaggerated.
Serrano vs Gallant Maritime Services, Inc.
Thus Sec 3, Art XIII cannot be treated as a principal source of direct enforceable rights,
for the violation of which the questioned case may be declared unconstitutional. It may
unwittingly risk opening the floodgates of litigation to every worker or union over every
conceivable violation of so broad a concept as social justice for labor.
II.
Civil Code
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.
Art. 1701. Neither capital nor labor shall act oppressively against the other, or impair the interest or convenience of the public.
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.
Art. 1703. No contract which practically amounts to involuntary servitude, under any guise whatsoever, shall be valid.
Art. 1704. In collective bargaining, the labor union or members of the board or committee signing the contract shall be liable for
non-fulfillment thereof.
Art. 1705. The laborer's wages shall be paid in legal currency.
Art. 1706. Withholding of the wages, except for a debt due, shall not be made by the employer.
Art. 1707. The laborer's wages shall be a lien on the goods manufactured or the work done.
Art. 1708. The laborer's wages shall not be subject to execution or attachment, except for debts incurred for food, shelter,
clothing and medical attendance.
Art. 1709. The employer shall neither seize nor retain any tool or other articles belonging to the laborer.
Art. 1710. Dismissal of laborers shall be subject to the supervision of the Government, under special laws.
III.
Revised Penal Code

Art. 288. Other similar coercions; (Compulsory purchase of merchandise and payment of wages by means of tokens.) The
penalty of arresto mayor or a fine ranging from 200 to 500 pesos, or both, shall be imposed upon any person, agent or officer,
of any association or corporation who shall force or compel, directly or indirectly, or shall knowingly permit any laborer or
employee employed by him or by such firm or corporation to be forced or compelled, to purchase merchandise or commodities
of any kind.
The same penalties shall be imposed upon any person who shall pay the wages due a laborer or employee employed by him, by
means of tokens or objects other than the legal tender currency of the laborer or employee.
LABOR LAW REVIEW 2
BASES OF LABOR LAWS

I.
POLICE POWER
It is the inherent power of the State to regulate rights and liberty for the common good.
Jurisprudence:
JMM vs CA:
The latin maxim salus populi est surprema lex embodies the character of the entire spectrum of public laws aimed at
promoting the general welfare of the people under the State's police power. As an inherent attribute of sovereignty which
virtually "extends to all public needs," this "least limitable" 3 of governmental powers grants a wide panoply of
instruments through which the state, as parens patriae gives effect to a host of its regulatory powers.
Assoc de Agricultures de Talisy-Silay vs Talisay-Silay Milling Co.Serrano:
True it is that, as counsel for the centrals contend, police power cannot be resorted to just any time the legislature wishes,
but it is not correct to say that it is indispensable that exceptional circumstances must exist before police power can be
exercised. As very aptly pointed out by the able amicus curiae, Attys. Tanada Teehankee and Carreon, gone are the days
when courts could "be found adhering to the doctrine that interference with contracts can only be justified by exceptional
circumstances", for the "test of validity today under the due process clause, even in the case of legislation interfering with
existing contracts, is reasonableness, as held by this Honorable Supreme Court in the case of People vs. Zeta. In other
words, freedom from arbitrariness, capriciousness and whimsicality is the test of constitutionality." (p. 17, Brief of Amicus
Cuiae in Behalf of Silay-Saravia Planters' Association, Attys. Tanada Teehankee and Carreon.) And there is not enough
showing here of unreasonableness in the legislation in question. Quite to the contrary, as win be discussed anon We find
all the provisions of the impugned act to be germane to the end being pursued.
But it is not police power alone that sustains the validity of the statutory provision in dispute. Having in view its primary
objective to promote the interests of labor, it can never be possible that the State would be bereft of constitutional
authority to enact legislations of its kind. Here, in the Philippines, whenever any government measure designed for the
advancement of the working class is impugned on constitutional grounds and shadows of doubt are cast over the scope of
the State's prerogative in respect thereto, the imperious mandate of the social justice Ideal consecrated in our
fundamental laws, both the old and the new asserts its majesty, upon the courts to accord utmost consideration to the
spirit animating the act assailed, not just for the sake of enforcing the explicit social justice provisions of the article on
"Declaration of Principles and State Policies", but more fundamentally, to serve the sacred cause of human dignity, which
is actually what lies at the core of those constitutional precepts as it is also the decisive element always in the
determination of any controversy between capital and labor.
II.
SOCIAL JUSTICE
Promotion of the welfare of ALL THE PEOPLE
Those who have less in life shall have more in law.
Jurisprudence:
Calalang vs Williams:
"Social justice is 'neither communism, nor despositism, nor atomism nor anarchy,' but the humanization of laws and the
equalization of social and economic forces 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 adoption by the
Government of measures calculated to insure economic stability of all the component elements of society, through the
maintenance of a proper economic and social equilibrium in the inter-relations of the members of the community,
constitutionally, through the 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."
.
PLDT vs NLRC, Aug 1988
The policy of social justice is not intended to countenance wrongdoing simply because it is committed by the
underprivileged. At best it may mitigate the penalty but it certainly will not condone the offense. Compassion for the poor
is an imperative of every humane society but only when the recipient is not a rascal claiming an undeserved privilege.
Social justice cannot be permitted to be refuge of scoundrels any more than can equity be an impediment to the
punishment of the guilty. Those who invoke social justice may do so only if their hands are clean and their motives
blameless and not simply because they happen to be poor. This great policy of our Constitution is not meant for the
protection of those who have proved they are not worthy of it, like the workers who have tainted the cause of labor with
the blemishes of their own character.
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LABOR LAW REVIEW 4
THE LABOR CODE OF THE PHILIPPINES
LABOR STANDARDS
Book I
Pre Employment
Book II
Human Resources Development
Book III
Conditions of Employment
Book IV
Health, Safety & Social Welfare Benefits
LABOR RELATIONS
Book V
Labor Relations
Book VI
Post Employment
Book VII
Transitory & Final Provisions
SOCIAL LEGISLATIONS
13TH Month Pay Law
Social Security Act of 1997
PhilHealth
Employees Comensation Program
Solo Welfare Act of 2000
GSIS Law
R.A. 7699 Portability Law
R.A. 8042 Migrant Workers Act
R.A. 7796 Technical Education and Skills Development Authority
TESDA Law
R.A. 9442 Re special benefits of persons with Disabilities
Amending R.A. 7277
R.A. 9849 Re the Proclamation of Eidhl Adha as a National Holiday
R.A. 9492 Re the Declaration of Regular Holidays &
Nationwide Special Holidays
R.A. 6727 Wage Rationalization Act
R.A. 8282 SSS Law
R.A. 9710 Magna Carta for Women
R.A. 9262 Anti-Violence Against Women and their Children
R.A. 9995 Anti-Photo and Video Voyeurism Act of 2009
R.A. 7610 Special Protection of Children against Abuse,
Exploitation & Discrimination Act
R.A. 10150 Provisions re Nightworkers, Repealing Art 130 and 131
LABOR LAW REVIEW 5
LABOR LAW REVIEW
A.
FUNDAMENTAL PRINCIPLES & POLICIES

1. Constitutional Provisions
a. Article II
Section 9. 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.
Section 10. The State shall promote social justice in all phases of national development.
Section 11. The State values the dignity of every human person and guarantees full respect for
human rights.
Section 13. The State recognizes the vital role of the youth in nation-building and shall promote and
protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the
youth patriotism and nationalism, and encourage their involvement in public and civic affairs.
Section 14. The State recognizes the role of women in nation-building, and shall ensure the
fundamental equality before the law of women and men.
Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of
workers and promote their welfare.
Section 20. The State recognizes the indispensable role of the private sector, encourages private
enterprise, and provides incentives to needed investments.
b. Article III
Section 1. 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.
Section 4. 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.
Section 8. 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.
c. Article XIII
Section 1. 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 acquisition, ownership, use, and disposition of property and
its increments.
LABOR LAW REVIEW 6
Section 3. 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 rights and benefits as
may be provided by law.
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.
2.
New Civil Code

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.
Art. 1701. Neither capital nor labor shall act oppressively against the other, or impair the interest or convenience of the
public.
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.
Art. 1703. No contract which practically amounts to involuntary servitude, under any guise whatsoever, shall be valid.
Art. 1704. In collective bargaining, the labor union or members of the board or committee signing the contract shall be
liable for non-fulfillment thereof.
Art. 1705. The laborer's wages shall be paid in legal currency.
Art. 1706. Withholding of the wages, except for a debt due, shall not be made by the employer.
Art. 1707. The laborer's wages shall be a lien on the goods manufactured or the work done.
LABOR LAW REVIEW 7
Art. 1708. The laborer's wages shall not be subject to execution or attachment, except for debts incurred for food, shelter,
clothing and medical attendance.
Art. 1709. The employer shall neither seize nor retain any tool or other articles belonging to the laborer.
Art. 1710. Dismissal of laborers shall be subject to the supervision of the Government, under special laws.
3.
Labor Code
a. Article 3
Article 3. Declaration of basic policy. The State shall afford protection to labor, promote full
employment, ensure equal work opportunities regardless of sex, race or creed and regulate the
relations between workers and employers. The State shall assure the rights of workers to selforganization, collective bargaining, security of tenure, and just and humane conditions of work.
b. Article 211
Article 211. Declaration of Policy.
It is the policy of the State:
To promote and emphasize the primacy of free collective bargaining and negotiations, including
voluntary arbitration, mediation and conciliation, as modes of settling labor or industrial disputes;
To promote free trade unionism as an instrument for the enhancement of democracy and the
promotion of social justice and development;
To foster the free and voluntary organization of a strong and united labor movement;
To promote the enlightenment of workers concerning their rights and obligations as union members
and as employees;
To provide an adequate administrative machinery for the expeditious settlement of labor or industrial
disputes;
To ensure a stable but dynamic and just industrial peace; and
To ensure the participation of workers in decision and policy-making processes affecting their rights,
duties and welfare.
To encourage a truly democratic method of regulating the relations between the employers and
employees by means of agreements freely entered into through collective bargaining, 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 this Code. (As
amended by Section 3, Republic Act No. 6715, March 21, 1989)
c. Article 212
Article 212. Definitions.
"Commission" means the National Labor Relations Commission or any of its divisions, as the case
may be, as provided under this Code.
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"Bureau" means the Bureau of Labor Relations and/or the Labor Relations Divisions in the regional
offices established under Presidential Decree No. 1, in the Department of Labor.
"Board" means the National Conciliation and Mediation Board established under Executive Order
No. 126.
"Council" means the Tripartite Voluntary Arbitration Advisory Council established under Executive
Order No. 126, as amended.
"Employer" includes any person acting in the interest of an employer, directly or indirectly. The term
shall not include any labor organization or any of its officers or agents except when acting as
employer.
"Employee" includes any person in the employ of an employer. The term shall not be limited to the
employees of a particular employer, unless the Code so explicitly states. It shall include 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.
"Labor organization" means any union or association of employees which exists in whole or in part
for the purpose of collective bargaining or of dealing with employers concerning terms and
conditions of employment.
"Legitimate labor organization" means any labor organization duly registered with the Department of
Labor and Employment, and includes any branch or local thereof.
"Company union" means any labor organization whose formation, function or administration has
been assisted by any act defined as unfair labor practice by this Code.
"Bargaining representative" means a legitimate labor organization whether or not employed by the
employer.
"Unfair labor practice" means any unfair labor practice as expressly defined by the Code.
"Labor dispute" includes any controversy or matter concerning terms and conditions of employment
or the association or representation of persons in negotiating, fixing, maintaining, changing or
arranging the terms and conditions of employment, regardless of whether the disputants stand in the
proximate relation of employer and employee.
"Managerial employee" is one who is vested with the powers or prerogatives to lay down and
execute management policies and/or to hire, transfer, suspend, lay-off, recall, discharge, assign or
discipline employees. Supervisory employees are those who, in the interest of the employer,
effectively recommend such managerial actions if the exercise of such authority is not merely
routinary or clerical in nature but requires the use of independent judgment. All employees not falling
within any of the above definitions are considered rank-and-file employees for purposes of this
Book.
"Voluntary Arbitrator" means any person accredited by the Board as such or any person named or
designated in the Collective Bargaining Agreement by the parties to act as their Voluntary Arbitrator,
or one chosen with or without the assistance of the National Conciliation and Mediation Board,
pursuant to a selection procedure agreed upon in the Collective Bargaining Agreement, or any
official that may be authorized by the Secretary of Labor and Employment to act as Voluntary
Arbitrator upon the written request and agreement of the parties to a labor dispute.
"Strike" means any temporary stoppage of work by the concerted action of employees as a result of
an industrial or labor dispute.
"Lockout" means any temporary refusal of an employer to furnish work as a result of an industrial or
labor dispute.
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"Internal union dispute" includes all disputes or grievances arising from any violation of or
disagreement over any provision of the constitution and by laws of a union, including any violation of
the rights and conditions of union membership provided for in this Code.
"Strike-breaker" means any person who obstructs, impedes, or interferes with by force, violence,
coercion, threats, or intimidation any peaceful picketing affecting wages, hours or conditions of work
or in the exercise of the right of self-organization or collective bargaining.
"Strike area" means the establishment, warehouses, depots, plants or offices, including the sites or
premises used as runaway shops, of the employer struck against, as well as the immediate vicinity
actually used by picketing strikers in moving to and fro before all points of entrance to and exit from
said establishment. (As amended by Section 4, Republic Act No. 6715, March 21, 1989)
d. Article 255
Article 255. Exclusive bargaining representation and workers participation in policy and decisionmaking. 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.
Any provision of law to the contrary notwithstanding, workers shall have the right, subject to such
rules and regulations as the Secretary of Labor and Employment may promulgate, to participate in
policy and decision-making processes of the establishment where they are employed insofar as said
processes will directly affect their rights, benefits and welfare. For this purpose, workers and
employers may form labor-management councils: Provided, That the representatives of the workers
in such labor-management councils shall be elected by at least the majority of all employees in said
establishment. (As amended by Section 22, Republic Act No. 6715, March 21, 1989)
B.
RECRUITMENT & PLACEMENT

1. Recruitment of Local & Migrant Workers
a. Definition of Recruitment and Placement
Art 13b Labor Code. Recruitment and placement
Recruitment and placement refers to any act of canvassing, enlisting, contracting, transporting, utilizing, hiring
or procuring workers, and includes referrals, contract services, promising or advertising for employment, locally
or abroad, whether for profit or not: Provided, That any person or entity which, in any manner, offers or
promises for a fee, employment to two or more persons shall be deemed engaged in recruitment and
placement.
LABOR LAW REVIEW 10
CASE ASSIGNMENT:
People vs Hon. Domingo Panis
Facts:
Serapio Abug was charged with illegal recruitment in 4 criminal
information. Abug filed a motion to quash these information, contending that

Art13b of the Labor codes provides that there shall be illegal recruitment only if
recruitment and placement was committed against two or more persons.
The Office of the Solicitor General argued that the requirement that
there should be two or more persons if the recruitment consists of an offer or
promise of employment to such persons and always for a fee.
Issue: Whether or not the clause two or more persons should be construed as a
requirement for the commission of illegal recruitment
Ruling: The SC held:
xx 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 two 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.
Abug was convicted as charged.
a)
License vs Authority
License is a document issued by the DOLE authorizing a person or entity to operate a private
recruitment employment agency. A licensee is authorized to collect fees.
Authority is a document issued by the DOLE authorizing a person or association to engage in
recruitment and placement activities as a private recruitment agency.
b)
Essential Elements of Illegal Recruitment

It is well settled that to prove illegal recruitment, it must be shown that appellant gave
complainants the distinct impression that he had the power or ability to send complainants abroad
for work such that the latter were convinced to part with their money in order to be employed.
Appellants act of promising the private complainants that they will be deployed abroad within
three months after they have paid the cash bond clearly shows that he is engaged in illegal
recruitment. People vs Gasacao
To prove illegal recruitment, only two elements need to be shown: (1) the person charged with
the crime must have undertaken recruitment activities and (2) the said person does not have a
license or authority to do so. People vs de Leon, Feb 7, 1997
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There is illegal recruitment when one gives the impression of aving the ability to send a worker
abroad. People vs Goce, Aug 29, 1995
Article 38. Illegal recruitment.

Any recruitment activities, including the prohibited practices enumerated under Article 34 of this
Code, to be undertaken by non-licensees or non-holders of authority, shall be deemed illegal and
punishable under Article 39 of this Code. The Department of Labor and Employment or any law
enforcement officer may initiate complaints under this Article.
Illegal recruitment when committed by a syndicate or in large scale shall be considered an offense
involving economic sabotage and shall be penalized in accordance with Article 39 hereof.
Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or
more persons conspiring and/or confederating with one another in carrying out any unlawful or
illegal transaction, enterprise or scheme defined under the first paragraph hereof. Illegal
recruitment is deemed committed in large scale if committed against three (3) or more persons
individually or as a group.
Article 34. Prohibited practices. It shall be unlawful for any individual, entity, licensee, or holder of
authority:
To charge or accept, directly or indirectly, any amount greater than that specified in the schedule of
allowable fees prescribed by the Secretary of Labor, or to make a worker pay any amount greater
than that actually received by him as a loan or advance;
To furnish or publish any false notice or information or document in relation to recruitment or
employment;
To give any false notice, testimony, information or document or commit any act of
misrepresentation for the purpose of securing a license or authority under this Code.
To induce or attempt to induce a worker already employed to quit his employment in order to offer
him to another unless the transfer is designed to liberate the worker from oppressive terms and
conditions of employment;
To influence or to attempt to influence any person or entity not to employ any worker who has not
applied for employment through his agency;
To engage in the recruitment or placement of workers in jobs harmful to public health or morality or
to the dignity of the Republic of the Philippines;
To obstruct or attempt to obstruct inspection by the Secretary of Labor or by his duly authorized
representatives;
To fail to file reports on the status of employment, placement vacancies, remittance of foreign
exchange earnings, separation from jobs, departures and such other matters or information as may
be required by the Secretary of Labor.
To substitute or alter employment contracts approved and verified by the Department of Labor from
the time of actual signing thereof by the parties up to and including the periods of expiration of the
same without the approval of the Secretary of Labor;
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To become an officer or member of the Board of any corporation engaged in travel agency or to be
engaged directly or indirectly in the management of a travel agency; and
To withhold or deny travel documents from applicant workers before departure for monetary or
financial considerations other than those authorized under this Code and its implementing rules and
regulations.
R.A. 8042, as amended by RA 10022

Sec. 6. DEFINITIONS. For purposes of this Act, illegal recruitment shall mean any act of canvassing,
enlisting, contracting, transporting, utilizing, hiring, procuring workers and includes referring,
contact services, promising or advertising for employment abroad, whether for profit or not, when
undertaken by a non-license or non-holder of authority contemplated under Article 13(f) of
Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines.
Provided, that such non-license or non-holder, who, in any manner, offers or promises for a fee
employment abroad to two or more persons shall be deemed so engaged. It shall likewise include
the following acts, whether committed by any persons, whether a non-licensee, non-holder, licensee
or holder of authority.
(a) To charge or accept directly or indirectly any amount greater than the specified in the schedule
of allowable fees prescribed by the Secretary of Labor and Employment, or to make a worker pay
any amount greater than that actually received by him as a loan or advance;
(b) To furnish or publish any false notice or information or document in relation to recruitment or
employment;
(c) To give any false notice, testimony, information or document or commit any act of
misrepresentation for the purpose of securing a license or authority under the Labor Code;
(d) To induce or attempt to induce a worker already employed to quit his employment in order to
offer him another unless the transfer is designed to liberate a worker from oppressive terms and
(e) To influence or attempt to influence any persons or entity not to employ any worker who has not
(f) To engage in the recruitment of placement of workers in jobs harmful to public health or morality
or to dignity of the Republic of the Philippines;
(g) To obstruct or attempt to obstruct inspection by the Secretary of Labor and Employment or by
his duly authorized representative;
(h) To fail to submit reports on the status of employment, placement vacancies, remittances of
foreign exchange earnings, separations from jobs, departures and such other matters or
information as may be required by the Secretary of Labor and Employment;
(i) To substitute or alter to the prejudice of the worker, employment contracts approved and verified
by the Department of Labor and Employment from the time of actual signing thereof by the parties
up to and including the period of the expiration of the same without the approval of the
Department of Labor and Employment;
(j) For an officer or agent of a recruitment or placement agency to become an officer or member of
the Board of any corporation engaged in travel agency or to be engaged directly on indirectly in the
management of a travel agency;
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(k) To withhold or deny travel documents from applicant workers before departure for monetary or
financial considerations other than those authorized under the Labor Code and its implementing
rules and regulations;
(l) Failure to actually deploy without valid reasons as determined by the Department of Labor and
Employment; and
(m) Failure to reimburse expenses incurred by the workers in connection with his documentation
and processing for purposes of deployment, in cases where the deployment does not actually take
place without the worker's fault. Illegal recruitment when committed by a syndicate or in large scale
shall be considered as offense involving economic sabotage.
Illegal recruitment is deemed committed by a syndicate carried out by a group of three (3) or more
persons conspiring or confederating with one another. It is deemed committed in large scale if
committed against three (3) or more persons individually or as a group.
The persons criminally liable for the above offenses are the principals, accomplices and accessories.
In case of juridical persons, the officers having control, management or direction of their business
shall be liable.
c)
Simple Illegal Recruitment

Simple Illegal Recruitment is the act of recruiting and placing one or two workers abroad without
the required license or authority, committed by one to two persons.
Penalty:
Imprisonment of not less than 12 yrs and 1 day to not more than 20 yrs; and
Fine of not less than 1M to not more than 2M.
d)
Illegal Recruitment in Large Scale

Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or
more persons conspiring and/or confederating with one another in carrying out any unlawful
or illegal transaction, enterprise or scheme defined under the first paragraph hereof. Illegal
recruitment is deemed committed in large scale if committed against three (3) or more persons
individually or as a group. People vs Calonzo, February 27, 1996
LABOR LAW REVIEW 14
Case Assignment:
People vs Hashim
Facts: Accused Hashim, Macky and a certain Tas, a certain Jun and Neneng were
charged with syndicated illegal recruitment committed against four women.
The latter were promised a decent job abroad but were instead brought to
Malaysia to work as prostitutes. Only Neneng and Hashim were arrested and
arraigned.
Accused Neneng contends that the charge should not be syndicated illegal
recruitment because there were only two of them and that the other accused
remain at large.
Issue: Whether or not the three accused should be arrested and arraigned in
order for syndicated illegal recruitment to propser
Ruling: The SC held that the
xx it was established beyond reasonable doubt that accusedappellant, together with at least two other persons, came to an
agreement to commit the felony and decided to commit it. It
is not necessary to show that two or more persons met
together and entered into an explicit agreement laying down
the details of how an unlawful scheme or objective is to be
carried out. Conspiracy may be deduced from the mode and
manner in which the offense was perpetrated; or from the acts
of the accused evincing a joint or common purpose and design,
concerted action and community of interest. xx
e)
Illegal Recruitment as Economic Sabotage

Illegal recruitment is deemed committed in large scale if committed against three or more persons
individually or as a group. In this case, five complainants testified against appellants acts of illegal
recruitment, thereby rendering his acts tantamount to economic sabotage. Under Section 7 (b) of
RA No. 8042, the penalty of life imprisonment and a fine of not less than P500,000.00 nor more
than P1,000.000.00 shall be imposed if illegal recruitment constitutes economic sabotage. People
vs Gasacao
Penalty:
Life Imprisonment; and
LABOR LAW REVIEW 15
f)
Illegal Recruitment filed against employees (added based on the lecture)

Employees are liable as illegal recruiters when there is conspiracy to recruit without the necessary
license/authority.
In the case of People vs Cabais, the High Court held Cabais, an employee and an applicant herself,
liable. She acted directly and participated in the recruitment activities of her employer RSEA which
did not have the necessary license to recruit. Cabais also represented herself to the applicant that
RSEA can send them abroad for work.
Case Assignment:
People vs Cabais
Facts: Accused Cabais was an employee of Red Sea Employment Agency, owned
by Anita Forneas. They, along with Harm Yong Ho, recruited without a
license/authority six individuals to be sent to Korea.
Cabais and Ho were arrested while Forneas remained at large. RTC
convicted them of syndicated illegal recruitment. Cabais, appealed the decision
contending that she was a mere employee of RSEA and should not be held liable
for illegal recruitment. She was just running the errands of her boss, Forneas.
Issue: Whether or not Cabais, being a mere employee, should not be held liable
for the illegal recruitment
LABOR LAW REVIEW 16
Case Assignment:
People vs Cabais
Ruling: The SC held Cabais liable to wit:
xx An employee of a company or corporation engaged in
illegal recruitment may be held liable as principal, together
with his employer, if it is shown that he actively and
consciously participated in illegal recruitment.
21Recruitment
is "any act of canvassing, enlisting, contracting, transporting,

utilizing, hiring or procuring workers, and includes referrals,
contract services, promising or advertising for employment,
locally or abroad, whether for profit or not: Provided, That any
person or entity which, in any manner, offers or promises for a
fee employment to two or more persons shall be deemed
engaged in recruitment and placement." In this case, evidence
showed that accused-appellant was the one who informed
complainants of job prospects in Korea and the requirements
for deployment. She also received money from them as
placement fees. All of the complainants testified that they
personally met accused-appellant and transacted with her
regarding the overseas job placement offers. Complainants
parted with their money, evidenced by receipts signed by
accused Cabais and accused Forneas. Thus, accused-appellant
actively participated in the recruitment of the complainants.
xx
In the case of People vs Gamboa, the accused contended that she did not give a misrepresentation
to the applicant that she can send them abroad. However, the High Court was quick to rule that it
was not required that there was a misrepresentation. It was enough that the accused gave an
impression that she can send them abroad for work.
Case Assignment:
People vs Gamboa
Facts: Accused Gamboa was an office assistant in a recruitment agency in
Ermita Manila. The agency operated without the required license. An
entrapment operation was conducted by the task force of Anti-Illegal
Recruitment leading to her arrest.
LABOR LAW REVIEW 17
Case Assignment:
People vs Gamboa
Gamboa posits that she is merely a clerk who processes the papers at
the office. She interposed the defense of denial, as well as that she herself was an
applicant for placement abroad. People countered that Gamboa herself
conducted recruitment and placement activities. Gamboa was also not licensed
by the POEA to conduct said recruitment.
Issue: Whether or not Gamboa, being a mere office clerk, may be made liable for
illegal recruitment activities
Ruling: The SC held Gamboa liable to wit:
xx Accused-appellant Lourdes Gamboa was the office
assistant who answered the queries of applicants and
performed clerical work. Conspiracy to defraud aspiring
overseas contract workers was evident from the acts of the
malefactors whose conduct before, during and after the
commission of the crime clearly indicated that they were one
in purpose and united in its execution. Direct proof of previous
agreement to commit a crime is not necessary as it may be
deduced from the mode and manner in which the offense was
perpetrated or inferred from the acts of the accused pointing
to a joint purpose and design, concerted action and
community of interest. xx
xx At any rate, the lack of criminal intent on the
part of an accused - assuming ex-gratia argumenti that
accused-appellant was indeed unaware of the illegal nature of
the recruitment business of her co-accused - is hardly a
defense in the prosecution for illegal recruitment. It must be
emphasized that Illegal Recruitment in Large Scale penalized
under The Migrant Workers and Overseas Filipinos Act of
1995, a special law, is malum prohibitum and not malum in se.
The criminal intent of the accused is not necessary and the fact
alone that the accused violated the law warrants her
conviction.
LABOR LAW REVIEW 18
Case Assignment:
People vs Gamboa
xx Suffice it to say that an illegal recruiter need not
expressly represent to the victim that she has the ability to
send workers abroad. It is enough that she gives
the impression of her ability to enlist workers for job
placement abroad in order to induce them to tender payment
of fees, as what accused-appellant had done to the
complainants in this case. xx
In the case People vs Goce, the Supreme Court reiterated the same ruling from People vs Gamboa.
It was the making of impression that is enough to justify conviction of illegal recruitment.
Case Assignment:
People vs Spouses Goce
Facts: Nellie Agustin was charged with syndicated and llarge scale illegal
recruitment along with spouse Dan and Loma Goce. Agustin contended that she
merely introduced the applicants to the spouses and did not participate directly
in the recruitment activities. She posits that there was no conspiracy to recruit.
Issue: WON Agustin actively and directly recruited applicants for employment
abroad.
Ruling: The Supreme Court held that the act of introducing is included in the
definition of recruitment as making referrals, to wit:
xx referral is the act of passing along or forwarding of an
applicant for employment after an initial interview of a
selected applicant for employment to a selected employer,
placement officer or bureau.
There is illegal recruitment
when one gives the impression of having the ability to send a

worker abroad."
It is undisputed that appellant gave
complainants the distinct impression that she had the power

or ability to send people abroad for work such that the latter
were convinced to give her the money she demanded in order
to be so employed. xx
Agustin also received money from the applicants.
LABOR LAW REVIEW 19
Case Assignment:
People vs Gallardo
Facts: Remedios Malapit, along with Nenita Gallardo, was charged with largescale illegal recruitment. Malapit contended that she did not convince nor
promise the applicants any employment abroad nor did she accept payments
from them.
Issue: WON Remedios Malapit committed any act of illegal recruitment.
Ruling: The Supreme Court convicted Malapit of large-scale illegal recruitment.
It held:
xx , the evidence against accused-appellant has established
beyond a shadow of doubt that she actively collaborated with
co-accused Gallardo in illegally recruiting the complainants in
this case. As correctly pointed out by the trial court, the
private complainants in this case would not have been induced
to apply for a job in Canada were it not for accusedappellants information, recruitment, and introduction of the
private complainants to her co-accused Gallardo.
Illegal recruitment is committed when it is shown that the
accused-appellant gave the private complainants the distinct
impression that she had the power or ability to send
complainants abroad for work such that the latter were
convinced to part with their money in order to be employed.
To be engaged in the practice and placement, it is plain that
there must
at
least
be
promise
or
offer
of
an
employment from the person posing as a recruiter whether

locally or abroad. xx
In the case of People vs Alforte, the Supreme Court likewise ruled that in syndicated illegal
recruitment, there is conspiracy to be established among the recruiters. Each person plays a
definite role such that conviction for syndicated illegal recruitment is justified.
LABOR LAW REVIEW 20
Case Assignment:
People vs Alforte
Facts: Dino Alforte and his group were charged with syndicated illegal
recruitment. They were alleged to have charged placement and processing fees
against their applicants but failed to provide the promised employment to
Saipan. It was found that the group did not have the necessary license or
authority to conduct illegal recruitment.
Issue: WON Alforte and his cohorts acted in conspiracy and confederated with
each other to commit syndicated illegal recruitment
Ruling: The Supreme Court held that there was conspiracy to wit:
xx It was accused-appellant's assurances and promises of
employment abroad which had induced them to part with
large sums of money.
The five culprits including accused-appellant represented
themselves as a group; hence when private complainants paid
the sums of money to accused-appellant, the issuance of the
receipts by the other members would be entirely reasonable
and proper. In fact, this delineation of their respective roles
strongly shows that the group were acting in concert in the
defraudation of private complainants. xx
In the case of People vs Chowdury, the Supreme Court held that an employee who did not know
that there the employer has no license or that the employer did not register his name with POEA
did not conspire with the employer for the commission of the illegal recruitment.
LABOR LAW REVIEW 21
Case Assignment:
People vs Chowdury
Facts: Bulu Chowdury was charged with illegal recruitment committed in a large
scale.
The accused was a consultant for Craftrade Overseas Developers.
Chowdury denied having knowledge that the license of Craftrade has already
expired and that he was not registered with POEA. He also interposed the
defense that he was merely fulfilling his job as a consultant in the said office. it
was in his job description to interview applicants for abroad.
Issue: WON Chowdury knowingly and intentionally participated in the
commission of illegal recruitment
Ruling: The Supreme Court held that Chowdury was not aware of the fact that
Craftrade was no longer licensed to conduct recruitment. Thus,
xx The obligation to register its personnel with the POEA
belongs to the officers of the agency.[32] A mere employee of
the agency cannot be expected to know the legal requirements
for its operation. The evidence at hand shows that accusedappellant carried out his duties as interviewer of Craftrade
believing that the agency was duly licensed by the POEA and
he, in turn, was duly authorized by his agency to deal with the
applicants in its behalf. Accused-appellant in fact confined his
actions to his job description. He merely interviewed the
applicants and informed them of the requirements for
deployment but he never received money from them. Their
payments were received by the agency's cashier, Josephine
Ong. Furthermore, he performed his tasks under the
supervision of its president and managing director. Hence, we
hold that the prosecution failed to prove beyond reasonable
doubt accused-appellant's conscious and active participation
in the commission of the crime of illegal recruitment. His
conviction, therefore, is without basis. xx
Ruling: The Supreme Court held that there was conspiracy to wit:
g)
xx Itvs was
Illegal Recruitment
Estafaaccused-appellant's assurances and promises of
employment abroad which had induced them to part with
RA 10022, ANlarge
ACT AMENDING
REPUBLIC ACT NO. 8042
sums of money.
Sec 5. xx
The five culprits including accused-appellant represented

themselves as a group; hence when private complainants paid
LABOR
LAW REVIEW 22
the sums of money to accused-appellant, the issuance
of the
receipts by the other members would be entirely reasonable

and proper. In fact, this delineation of their respective roles
strongly shows that the group were acting in concert in the
"The persons criminally liable for the above offenses 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 commission of the offense and the responsible
employees/agents thereof shall be liable.
"In the filing of cases for illegal recruitment or any of the prohibited acts under this section, the
Secretary of Labor and Employment, the POEA Administrator or their duly authorized
representatives, or any aggrieved person may initiate the corresponding criminal action with the
appropriate office. For this purpose, the affidavits and testimonies of operatives or personnel from
the Department of Labor and Employment, POEA and other law enforcement agencies who
witnessed the acts constituting the offense shall be sufficient to prosecute the accused.
"In the prosecution of offenses punishable under this section, the public prosecutors of the
Department of Justice shall collaborate with the anti-illegal recruitment branch of the POEA and, in
certain cases, allow the POEA lawyers to take the lead in the prosecution. The POEA lawyers who
act as prosecutors in such cases shall be entitled to receive additional allowances as may be
determined by the POEA Administrator.
"The filing of an offense punishable under this Act shall be without prejudice to the filing of cases
punishable under other existing laws, rules or regulations."1avvphi1
People vs Calonzo
As regards the conviction of Calonzo for estafa on five (5) counts we ruled in People v. Turda that
recruitment of persons for overseas employment without the necessary recruiting permit or
authority from the POEA constitutes illegal recruitment; however, where some other crimes or
felonies are committed in the process, conviction under the
Labor Code does not preclude punishment under other statutes. In People v. Romero we said
that the elements of estafa were: (a) that the accused defrauded another by abuse of confidence or
by means of deceit, and (b) that damage or prejudice capable of pecuniary estimation is caused to
the offended party or third person.
h)
Liabilities
a.
Local employment agency
b. Foreign Employer
i. Theory of Imputed Knowledge
The theory of imputed knowledge provides that knowledge of matters
pertaining to employment are ascribed to the principal through the agent.
Case Assignment:
Sunace vs NLRC
Facts: Divina Montehermozowas deployed to Taiwan by Sunace Agency as a
domestic helper. The year was for a year only but she entered into another two
year contract after the expiration of the original one.
Upon her arrival n Manila, she filed a complaint against the Sunace
Agency before the NLC. She claims that she was underpaid and was imprisoned.
Sunace denied any liability on the ground that it did not know of the extension.
Also, the contract of agency between Suunace and Divina was already
extinguished.
LABOR LAW REVIEW 23
Both the LA and the CA held Sunace to be liable based on the theory of
imputed knowledge.
Issue: Whether or not the doctrine of imputed knowledge can be applied in this
Case Assignment:
Sunace vs NLRC
As such, it and its owner cannot be held solidarily liable

for any of Divinas claims arising from the 2-year
employment extension. As the New Civil Code provides,
xx
Contracts take effect only between the parties, their
assigns, and heirs, except in case w here the rights and
obligations arising from the contract are not
transmissible by their nature, or by stipulation or by
provision of law.
Sunace also averred that the contract of agency between it and Divina
was impliedly revoked. As such:
xx Furthermore, as Sunace correctly points out, there
was an implied revocation of its agency relationship with
its foreign principal when, after the termination of the
original employment contract, the foreign principal
directly negotiated with Divina and entered into a new
and separate employment contract in Taiwan. Article
1924 of the New Civil Code reading
The agency is revoked if the principal directly manages
the business entrusted to the agent, dealing directly with
third persons.
i)
Pretermination
Jurisdictionthus
Money
Claimsxx
of OFW
applies.
Jurisdiction of money claims of OFWs was vested on Labor Arbiters by virtue of RA 8042. This
includes claims for damages arising out of employer-employee relationship or by virtue of any law
or contract involving Filipino workers for overseas deployment, including actual, moral, exemplary
and other forms of damages. (Section 10, RA 8042)
The period to decide the cases shall be within 90 calendar days from the filing of the complaint
which shall commence to run upon acquisition by the Labor Arbiter of jurisdiction over the
respondents. (Sec 13, Rule V, The 2005 Revised Rules of Procedure of the NLRC).
RA 8042, 1995
Award in case of premature termination:
Full reimbursement of the OFWs placement fee with 12% interest per annum; and
o
If the contract is below one year, the salaries for the entire unexpired
portion of the contract shall be paid; OR
In case of termination of overseas

employment without just, valid or
authorized cause as defined by law or
contract, the workers shall be entitled to
the full reimbursement of his placement
fee with interest of twelve percent (12%)
LABOR LAW REVIEW 24
If the contract was for one year and more, the salaries for the unexpired
portion of the contract OR three (3) months pay for every year of the
unexpired portion whichever is less.
NOTE: Accdg to our lecture, for this is to apply, the contract was terminated
after service of more than a year.
The following case are of worth to determine the applicability of the
provisions of RA 8042 in award of money claims of preterminated OFWs:
Marsaman Maritime Agency vs NLRC, Aug 1999

Serrano vs Gallant Maritime Services, March 2009
Yap vs Thenamaris Ships Mgt, 2011
Skippers vs Sereno, February 2012
PERT/CPM vs Venly, Sept 2011
RA 10022, 2009
"In case of termination of overseas employment
without just, valid or authorized cause as defined
by law or contract, or any unauthorized
deductions from the migrant worker's salary, the
worker shall be entitled to the full reimbursement
if his placement fee and the deductions made with
interest at twelve percent (12%) per annum, plus
his salaries for the unexpired portion of his
employment contract or for three (3) months
for every year of the unexpired term, whichever is
less.
LABOR LAW REVIEW 25
CASE TITLE
CONTRACT DETAILS
Wifredo Cajeras
Marsaman
Maritime
Agency vs
NLRC
Contract Period: of
10 months
Antonio Serrano
Serrano vs
Gallant
Maritime
Services
Contract period:
1year
Terminated: Less
than 2 months after
being on board.
Terminated: 2
months and 7 days
after being on
board
May 26, 1998
Claudio Yap
Terminated: Nov
10, 2001
JD: Electrician
DATE OF
JUDGMENT
August 1999
WHAT WAS APPLIED

AND HOW
RA 8042.
Award for the
unexpired portion of
the contract because
the contract was less
than one year.
Sept 25, 1995
JD: Chief Officer but

was downgraded to
second officer
Contract Period: 1
year from Aug 14,
2001
Yap vs
Thenamaris
Ships Mgt
DATE OF
TERMINATION OF
EMPLOYEE
WHY
Because RA 8042 was effective

at that time Cajeras was
dismissed.
We agree with petitioners
that Sec. 10, RA 8042, applies
in the case of private
respondent and to all overseas
contract workers dismissed on
or after its effectivity on 15 July
1995
March 24, 2009
AWARDED his salaries

for the entire unexpired
portion of his
employment contract
consisting of nine
months and 23 days
computed
The provision was declared

UNCONSTITUTIONAL because
it creates disparity among the
OFW with less than 1 year as
against those for more than 1
year. The provision was stated
to be a suspect classification
violative of the Constitutional
mandate of equal protection
clause.
May 30, 2011
Serrano ruling was

applied.
As a general rule, an
unconstitutional act is not a
law; it confers no rights; it
imposes no duties; it affords no
protection; it creates no office;
it is inoperative as if it has not
been passed at all.
The doctrine of operative fact
serves as an exception to the
aforementioned general rule.
The doctrine is applicable
when a declaration of
unconstitutionality will impose
an undue burden on those who
have relied on the invalid law.
Following Serrano, we hold
that this case should not be
included in the
aforementioned exception.
After all, it was not the fault of
petitioner that he lost his job
due to an act of illegal
dismissal committed by
respondents. To rule otherwise
would be iniquitous to
petitioner and other OFWs,
and would, in effect, send a
wrong signal that
principals/employers and
recruitment/manning agencies
may violate an OFWs security
of tenure which an
employment contract
embodies and actually profit
from such violation based on
an unconstitutional provision
of law.
LABOR LAW REVIEW 26
Name: Napoleon O.
De Gracia
Contract Duration:
10 months
Contract Date: 17
July 1998
Position:
3rd Engineer
Skippers vs
Sereno
Name: Isidro L. Lata

Duration: 12
months
Position:
4th Engineer
Contract
Contract Date: 17
April 1998
Name: Charlie
A. Aprosta
Contract Duration:
12 months Position:
Third Officer
Contract Date: 17
April 1998
January 28, 1999
Feb 8, 2012
Serrano Doctrine as
against RA 8042, as
UNAMENDED
Since the termination occurred

on January 1999 before the
passage of the amendatory RA
10022, we shall apply RA 8042,
as unamended, without
touching on the
constitutionality of Section 7 of
RA 10022.
The declaration in March 2009
of the unconstitutionality of
the clause or for three months
for every year of the unexpired
term, whichever is less in RA
8042 shall be given retroactive
effect to the termination that
occurred in January 1999
because an unconstitutional
clause in the law confers no
rights, imposes no duties and
affords no protection. The
unconstitutional provision is
inoperative, as if it was not
passed into law at all.
PERT/CPM vs
Venly
LABOR LAW REVIEW 27
b. Illegal Recruitment, Art 38, Sec 6 Migrant Workers Act

Article 38. Illegal recruitment.
Any recruitment activities, including the prohibited practices enumerated under Article 34 of this Code, to be
undertaken by non-licensees or non-holders of authority, shall be deemed illegal and punishable under Article
39 of this Code. The Department of Labor and Employment or any law enforcement officer may initiate
complaints under this Article.
Illegal recruitment when committed by a syndicate or in large scale shall be considered an offense involving
economic sabotage and shall be penalized in accordance with Article 39 hereof.
Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or more persons
conspiring and/or confederating with one another in carrying out any unlawful or illegal transaction, enterprise
or scheme defined under the first paragraph hereof. Illegal recruitment is deemed committed in large scale if
committed against three (3) or more persons individually or as a group.
R.A. 8042, as amended by RA 10022

Sec. 6. DEFINITIONS. For purposes of this Act, illegal recruitment shall mean any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring, procuring workers and includes referring, contact services, promising
or advertising for employment abroad, whether for profit or not, when undertaken by a non-license or nonholder of authority contemplated under Article 13(f) of Presidential Decree No. 442, as amended, otherwise
known as the Labor Code of the Philippines. Provided, that such non-license or non-holder, who, in any manner,
offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. It shall
likewise include the following acts, whether committed by any persons, whether a non-licensee, non-holder,
licensee or holder of authority.
(a) To charge or accept directly or indirectly any amount greater than the specified in the schedule of allowable
fees prescribed by the Secretary of Labor and Employment, or to make a worker pay any amount greater
than that actually received by him as a loan or advance;
(b) To furnish or publish any false notice or information or document in relation to recruitment or employment;
(c) To give any false notice, testimony, information or document or commit any act of misrepresentation for
the purpose of securing a license or authority under the Labor Code;
(d) To induce or attempt to induce a worker already employed to quit his employment in order to offer him
another unless the transfer is designed to liberate a worker from oppressive terms and conditions of
employment;
(e) To influence or attempt to influence any persons or entity not to employ any worker who has not applied for
employment through his agency;
(f) To engage in the recruitment of placement of workers in jobs harmful to public health or morality or to
dignity of the Republic of the Philippines;
(g) To obstruct or attempt to obstruct inspection by the Secretary of Labor and Employment or by his duly
authorized representative;
(h) To fail to submit reports on the status of employment, placement vacancies, remittances of foreign
exchange earnings, separations from jobs, departures and such other matters or information as may be
required by the Secretary of Labor and Employment;
LABOR LAW REVIEW 28
(i) To substitute or alter to the prejudice of the worker, employment contracts approved and verified by the
Department of Labor and Employment from the time of actual signing thereof by the parties up to and
including the period of the expiration of the same without the approval of the Department of Labor and
Employment;
(j) For an officer or agent of a recruitment or placement agency to become an officer or member of the Board
of any corporation engaged in travel agency or to be engaged directly on indirectly in the management of
a travel agency;
(k) To withhold or deny travel documents from applicant workers before departure for monetary or financial
considerations other than those authorized under the Labor Code and its implementing rules and
regulations;
(l) Failure to actually deploy without valid reasons as determined by the Department of Labor and
Employment; and
(m) Failure to reimburse expenses incurred by the workers in connection with his documentation and
processing for purposes of deployment, in cases where the deployment does not actually take place
without the worker's fault. Illegal recruitment when committed by a syndicate or in large scale shall be
considered as offense involving economic sabotage.
Illegal recruitment is deemed committed by a syndicate carried out by a group of three (3) or more persons
conspiring or confederating with one another. It is deemed committed in large scale if committed against three
(3) or more persons individually or as a group.
The persons criminally liable for the above offenses are the principals, accomplices and accessories. In case of
juridical persons, the officers having control, management or direction of their business shall be liable.
c. Direct Hiring
Article 18. Ban on direct-hiring. No employer may hire a Filipino worker for overseas employment except
through the Boards and entities authorized by the Secretary of Labor. Direct-hiring by members of the
diplomatic corps, international organizations and such other employers as may be allowed by the Secretary of
Labor is exempted from this provision.
Exceptions:
Members of the Diplomatic Corps
International Organizations
Such other persons which the DOLE may authorize
Name Hire or those persons who were able to secure employment overseas without the assistance
of any recruitment or placement agency
2.
Regulation and Enforcement

a. Remittance of Foreign Exchange earnings
Article 22. Mandatory remittance of foreign exchange earnings. 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 in accordance with rules and regulations prescribed by the Secretary of Labor.
E.O. 857:
1. To protect the welfare of the families, dependents and other beneficiaries of OFW;
2. To ensure that the remittances are channeled through authorized financial institutions; and
LABOR LAW REVIEW 29
3. To help the government in their economic development programs.
Rate of Remittances:
Seafarers a d Mariners
80% of Basic salary
Construction companies and workers
70% of Basic Salary
Professional Workers
70% of Basic Salary
Professional Workers w/o Board & Lodging 50% of Basic Salary
Domestic & other service workers
50% of Basic Salary
All other workers
50% of Basic Salary
Remittance Procedure
Open Bank Acct prior to departure.

Give the Account Number to POEA.
Direct payment to the

beneficiaries is allowed.
Licensed agency, construction,

contractor or manning agent of the
OFW must deposit to the account.
Proof of Compliance:
Confirmed bank remittance form;

Duly authenticated certification from the employer that the remittance has been effected;
Certification a to the surrender for pesos to the Philippine Banking System and
Receipt of the International Postal Money Order.
b. Prohibited Activities
Article 34. Prohibited practices. It shall be unlawful for any individual, entity, licensee, or holder of authority:
To charge or accept, directly or indirectly, any amount greater than that specified in the schedule of
allowable fees prescribed by the Secretary of Labor, or to make a worker pay any amount greater than
that actually received by him as a loan or advance;
To furnish or publish any false notice or information or document in relation to recruitment or

employment;
To give any false notice, testimony, information or document or commit any act of misrepresentation
for the purpose of securing a license or authority under this Code.
To induce or attempt to induce a worker already employed to quit his employment in order to offer
him to another unless the transfer is designed to liberate the worker from oppressive terms and
To influence or to attempt to influence any person or entity not to employ any worker who has not
To engage in the recruitment or placement of workers in jobs harmful to public health or morality or to
the dignity of the Republic of the Philippines;
LABOR LAW REVIEW 30
To obstruct or attempt to obstruct inspection by the Secretary of Labor or by his duly authorized
representatives;
To fail to file reports on the status of employment, placement vacancies, remittance of foreign
exchange earnings, separation from jobs, departures and such other matters or information as may be
required by the Secretary of Labor.
To substitute or alter employment contracts approved and verified by the Department of Labor from
the time of actual signing thereof by the parties up to and including the periods of expiration of the
same without the approval of the Secretary of Labor;
To become an officer or member of the Board of any corporation engaged in travel agency or to be
engaged directly or indirectly in the management of a travel agency; and
To withhold or deny travel documents from applicant workers before departure for monetary or
financial considerations other than those authorized under this Code and its implementing rules and
regulations.
c. Regulatory and Visitorial Powers of the Secretary

Article 33. Reports on employment status. Whenever the public interest requires, the Secretary of Labor may
direct all persons or entities within the coverage of this Title to submit a report on the status of employment,
including job vacancies, details of job requisitions, separation from jobs, wages, other terms and conditions
and other employment data.
Article 35. Suspension and/or cancellation of license or authority. The Minister of Labor shall have the power to
suspend or cancel any license or authority to recruit employees for overseas employment for violation of rules
and regulations issued by the Ministry of Labor, the Overseas Employment Development Board, or for violation
of the provisions of this and other applicable laws, General Orders and Letters of Instructions.
Article 36. Regulatory power. The Secretary of Labor shall have the power to restrict and regulate the
recruitment and placement activities of all agencies within the coverage of this Title and is hereby authorized
to issue orders and promulgate rules and regulations to carry out the objectives and implement the provisions
of this Title.
Article 37. Visitorial Power. The Secretary of Labor or his duly authorized representatives may, at any time,
inspect the premises, books of accounts and records of any person or entity covered by this Title, require it to
submit reports regularly on prescribed forms, and act on violation of any provisions of this Title.
d. Penalties for Illegal Recruitment

Penalty for Simple Illegal Recruitment:
Penalty for Illegal Recruitment Constituting Economic Sabotage:
e. Payment of Claims of OFWs in case of illegal termination

RA 8042 provides that the in case of illegal termination of OFW, the award shall be:
LABOR LAW REVIEW 31
Republic of the Philippines

DEPARTMENT OF LABOR AND EMPLOYMENT
Intramuros, Manila
RULES AND REGULATIONS GOVERNING PRIVATE
RECRUITMENT AND PLACEMENT AGENCY
FOR LOCAL EMPLOYMENT
By virtue of the authority vested in the Secretary of Labor and Employment under Article 25 of the Labor Code of the Philippines, as
amended, the following revised rules and regulations are hereby promulgated to govern and regulate the activities of all individuals
and entities engaged in the recruitment and placement of persons for local employment.
Rule I
DEFINITIONS OF TERMS
SECTION 1. Definition of Terms

a. Department refers to the Department of Labor and Employment.
b. Secretary refers to the Secretary of Labor and Employment.
c. Bureau refers to the Bureau of Local Employment.
d. Regional Office refers to the Regional Offices of the Department.
e. District/Provincial Office refers to the extension offices of the Department.
f. Regional Director refers to the Director of the Regional Office.
g. Private Recruitment and Placement Agency (PRPA) or Agency refers to any individual,` partnership,
corporation or entity engaged in the recruitment and placement of persons for local employment.
h. PRPA Branch refers to any extension office of a licensed PRPA.
i. Representative refers to a person acting as an agent of a licensed PRPA registered with the Regional Office
and granted Authority in the recruitment of persons for local employment.
j. Recruitment and Placement refers to any act of canvassing, enlisting, contracting, transporting, utilizing, hiring
or procuring workers, and includes referrals, contract services, promising or advertising for local employment,
whether for profit or not; provided, that any person or entity which in any manner, offers or promises
employment for a fee, to two or more persons shall be deemed engaged in recruitment and lacement.
k. Recruit refers to any individual promised, contracted, or enlisted for employment for a fee.
l. License refers to the certificate issued by the Department authorizing an individual, partnership, corporation, or
entity to operate a private recruiment and placement agency.
m. Authority to Operate Branch Office refers to the document granted by the Department authorizing the
licensed PRPA to establish and operate a branch office.
n. Authority to Recruit refers to the document granted by the Regional Office authorizing a person to conduct
recruitment activities in the region.
o. Licensee refers to any person or entity duly licensed and authorized by the Department to operate a private
recruitment and placement agency.
p. Recruitment Contract refers to the agreement entered into between a licensed PRPA or its authorized
representative and a recruit stating clearly the terms and conditions of the recruitment in a language known and
understood by the recruit.
q. Employment Contract refers to the agreement entered into between the employer and a recruit stating clearly
the terms and conditions of the employment in a language known and understood by the recruit.
r. Placement Fee refers to the amount charged by a PRPA from a recruit as payment for placement services.
s. Service Fee refers to the amount charged by a PRPA from an employer as payment for employment services.
LABOR LAW REVIEW 32
Rule II
APPLICATION / RENEWAL OF LICENSE OF PRIVATE RECRUITMENT AND PLACEMENT AGENCY
Section 2. Qualifications - An applicant for a license to operate a private recruitment and placement agency must possess the
following:
a. Must be a Filipino citizen, if single proprietorship. In case of partnership or a corporation, at least seventy-five
percent (75%) of the authorized capital stock must be owned and controlled by Filipino citizens;
b. Must have a minimum networth of P200,000.00 in the case of single proprietorship and partnership or a minimum
paid-up capital of P500,000.00 in the case of a corporation.
c. The owner, partners or the officers of the corporation must be of good moral character and not otherwise
disqualified by law;
d. Must have an office space with a minimum floor area of fifty (50) square meters.
SECTION 3. Place to File application. Application for license shall be filed with the Regional Office having jurisdiction over the
place where the applicant wishes to establish its main office.
SECTION 4. Requirements for Application. The applicant for a license shall submit a duly accomplished application form, and in
support thereof, the following requirements:
a. A filing fee of One Thousand Pesos (P1000.00); if single proprietor; and P3,000 if corporation or partnership;
b. Certified copy of the Certificate of Registration of firm or business name from the Department of Trade and
Industry (DTI), in the case of single proprietorship; or a certified copy of the Articles of Partnership or
Incorporation duly registered with the Securities and Exchange Commission (SEC), in the case of a partnership
or a corporation;
c. A sworn statement of assets and liabilities and/or a duly audited financial statement, as the case may be;
d. Owners certificate/title of office location or contract of lease of office space for at least two (2) years;
e. NBI clearance of the applicant, or the partners in the case of a partnership or all the officers and members of the
Board of Directors, in the case of a corporation;
f. Income Tax Returns for the last two (2) years;
g. A verified undertaking that the applicant shall:
(1) not engage in the recruitment of children below 15 years of age or place children below 18 years old in
hazardous occupation in accordance with Republic Act No. 7610 as amended by Republic Act No. 7658
and other related laws; and
(2) assume full responsibility for all claims and liabilities which may arise in connection with the use of the
license;
h. Organizational structure and list of all officers and personnel with their respective bio-data, two (2) passport-size
ID pictures and a detailed description of their duties and responsibilities; and
i. Specific address and location map of the Office/proposed Office;
j. List of all authorized representatives, if any, who must be at least high school graduate, with their corresponding
bio-data, two (2) passport-size ID pictures, high school diploma or other proof of educational attainment duly
authenticated, NBI clearance and Special Power of Attorney (SPA).
No application shall be accepted, unless all the requirements have been complied with.
SECTION 5. Action on the Application.
a. Upon receipt of the application, the Regional Director or his duly authorized representative shall evaluate the
documents submitted and conduct an ocular inspection of the applicants office;
LABOR LAW REVIEW 33
b. Within fifteen (15) working days after the ocular inspection, the Regional Director shall act on the application, and
immediately notify the applicant of the action taken; and
c. Application which do not meet the requirements set forth in these rules shall be denied.
SECTION 6. Posting of Cash and Surety Bonds and Payment of License Fee
Prior to the approval of the license, the applicant shall post cash and surety bonds of Twenty-Five Thousand Pesos (P25,000.00)
and One Hundred Thousand Pesos (P100,000.00) respectively, valid for two (2) years and then pay a license of Six Thousand
Pesos (P6,000.00). The bonds shall answer for all valid and legal claims arising from the illegal use of the license and shall likewise
guarantee compliance
with the provisions of the Labor Code and its implementing Rules. In case of loss of license, the licensee shall pay Six Hundred
Pesos (P600.00) as payment for the issuance of a certified copy of the license upon presentation of proof of loss.
SECTION 7. Publication. The Agency shall publish once in a newspaper of general circulation the license number of the agency,
names and pictures of authorized representatives within fifteen (15) days from the issuance of the license and shall submit a copy of
said publication to the Department.
SECTION 8. Validity of the License. The license shall be valid all over the Philippines for two (2) years from the date of issuance,
upon submission of proof of publication unless sooner suspended, cancelled or revoked by the Regional Director.
SECTION 9. Non-transferability. No license shall be transferred, conveyed or assigned to any other person or entity.
SECTION 10. Display of License. The original license or a copy shall be displayed conspicuously at all times in the office premises
of the PRPA.
SECTION 11. Renewal of License. An application for renewal of license shall be filed not later than thirty (30) days before
expiration of the same. No agency shall be allowed to renew its license if it has been convicted by the regular courts for violation of
the Labor Code, as amended, and its implementing Rules, or if its license has been previously revoked.
SECTION 12. Requirements for Renewal. The Agency shall submit its existing license together with the requirement specified in
Section 4 of this Rules.
SECTION 13. Change of Ownership. Any Agency which desires to transfer ownership shall surrender its license to the issuing
Regional Office.
SECTION 14. Changes of Business Address. An Agency which desires to transfer to a new business address shall notify the
Regional Office which issued the license at least thirty (30) working days prior to the intended date of transfer. It shall likewise notify
the Regional Office which has jurisdiction over the new business address and submit a sketch of the new office and a copy of the
contract of lease, if any.
RULE III
GRANTING/RENEWAL OF AUTHORITY TO RECRUIT, RECRUITMENT PROCEDURE, PLACEMENT AND OTHER RELATED
ACTIVITIES
SECTION 15. Authority to Recruit. A licensed Agency or its authorized representative shall secure an authority to recruit from the
Regional Office having jurisdiction over the place where recruitment activities will be undertaken. Such authority shall be
coterminous with the license unless sooner revoked/cancelled by the issuing Regional Office or terminated by the Agency.
LABOR LAW REVIEW 34
SECTION 16. Documents Required. The following documents shall be submitted by the applicant/agency for the issuance/renewal
of an Authority to Recruit:
a. Letter request by the agency;
b. Copy of current license;
c. Certification under oath of licensee of the proposed recruitment activities of the representative;
d. NBI clearance and bio-data of the representative with two (2) ID pictures;
e. Clearance from previous agency, if applicable; and
f. Previous Authority to Recruit, in case of renewal.
No application shall be accepted unless all the requirements have been complied with.
SECTION 17. Action on the Application for the Issuance/Renewal of an Authority to Recruit
a. Within ten (10) working days from receipt of complete documents, the Regional Director shall act on the
application;
b. In case of denial, the Regional Director shall state the reasons for denial; A new application/renewal may be
denied on any of the following grounds:
- non compliance with the requirements;
- applicants record of unresolved illegal recruitment case; or
- presence of any pending case against the applicant and/or the agency
c. Upon approval of application/renewal, the applicant shall pay a fee of P1,500.00 to the Regional Office
concerned.
SECTION 18. Recruitment by Representative. Only representatives duly authorized to recruit and whose names are registered
with the Regional Office can engage in recruitment activities.
SECTION 19. Termination of Authority of Representatives. The authority of the representatives may be revoked or terminated by
the Agency or cancelled by the issuing Regional Office. The Agency shall publish in a newspaper of general circulation the names
and pictures of representatives whose authority have been revoked or terminated and the Regional Office shall be furnished a copy
of the said publication. The Regional Office shall keep a record of the authorities issued, revoked or terminated and furnish copy to
the Bureau.
SECTION 20. Steps to be followed in the Recruitment of Persons. The following procedures shall be followed by the licensed
Agency or its duly authorized representative in the recruitment of persons;
a. The Agency or its duly authorized representative shall present to the PESO, Provincial and District Office
where the recruitment activity is to be undertaken, copy of existing license, and original copy of authority to
recruit issued by the Regional Office concerned.
b. The representative shall require the recruit to submit a copy each of the following:
(1) birth certificate from the local civil registrar; and
(2) medical certificate issued by a government physician or by a reputable private medical practitioner.
c. The Agency or its authorized representative and the recruit shall enter into a recruitment contract, duly
notarized a copy of which shall be submitted to the Regional Office where recruitment activity was undertaken.
d. The Agency or its duly authorized representative shall submit a list of the names and addresses of its recruits,
together with copy of documents specified in procedure (b) above, to the Regional Office or the appropriate
Provincial/District Office where recruitment was undertaken for appropriate authentication and validation;
copies of these documents shall be furnished the Regional Office of destination of the recruit.
LABOR LAW REVIEW 35
e. After the recruitment activity, the Regional Office of origin shall issue a certification to the Agency or its duly
authorized representative that the recruitment activity has been in accordance with this Rule, copy furnished
the Marine Police/Coast Guard/Philippine National Police, as the case may be.
f. Provide the recruit with a stamped envelope and form indicating the name, address of recruit and the name,
address, telephone number of his/her employer to be sent to the parent.
g. Prior to deployment the Regional Office of origin shall notify the Regional Office of destination of the arrival of
the recruits, and the latter shall see to it that the terms and conditions of the recruitment contract are followed
strictly.
SECTION 21. Replacement of Worker Without Cost. An employer shall be entitled to replace a worker without additional cost
only once, within one (1) month from the first day the worker reported for work, on any of the following grounds:
a. The worker is found to be suffering from an incurable or contagious disease as certified by a competent
physician;
b. The worker is physically or mentally incapable of discharging the minimum normal requirements of the job, as
specified in the employment contract; or
c. The worker abandons the job, voluntarily resigns, commits theft or any other prejudicial to the employer.
SECTION 22. Refund of Service Fee. The employer is entitled to a refund of seventy five (75%) percent of the service fee if the
Agency failed to provide a replacement after a lapse of one (1) month from receipt of the request for the replacement based on any
of the grounds enumerated in the preceding Section.
SECTION 23. Forfeiture of Rights. The employer is deemed to have forfeited his right for a replacement without cost or refund of
the service fee, if he failed to avail of the same within one (1) month from the date of engagement of the worker.
RULE IV
ESTABLISHMENT OF BRANCH OFFICE/RENEWAL OF AUTHORITY TO OPERATE BRANCH OFFICE
SECTION 24. Establishment of Branch Office. The application to establish a branch office shall be filed with the Regional Office
having jurisdiction over the place where the branch office is to be established.
SECTION 25. Requirements. A licensee who desires to establish a branch office shall submit the following requirements:
a. Filing fee of One Thousand Pesos (P1000.00);
b. Certified copy of the current license;
c. Organizational structure of the branch office, including duly notarized appointments;
d. NBI clearance, bio-data and two (2) passport-size ID pictures of the branch manager and staff members;
e. Certification that the branch office has office space with a minimum floor area of fifty (50) square meters;
f. Certification that the licensee has no pending case with the Regional Office issuing the license or where it has
established branch office; and
g. List of all authorized representatives, if any, who must be at least high school graduate, with their
corresponding bio-data, two (2) passport-size ID pictures, high school diploma or other proof of educational
attainment, NBI clearance and Special Power of Attorney (SPA) issued by the licensee.
No application shall be accepted, unless all the requirements have been complied with.
SECTION 26. Action on the Application.
LABOR LAW REVIEW 36
a. Upon receipt of the application, the Regional Director or his duly authorized representative shall evaluate the
documents submitted and conduct an ocular inspection of the PRPA branch.
b. Within fifteen (15) working days from the date of filing, the Regional Director shall either deny or approve the
application and immediately notify the application of the action taken.
SECTION 27. Posting of Additional Surety Bond and Payment of Registration Fee. Prior to approval of the authority to
establish a branch office, the licensee/applicant shall post an additional surety bond of Fifty Thousand Pesos (P50,000.00) and pay
a registration fee of Three Thousand Pesos (P3,000.00).
In case of loss, the licensee shall pay Six Hundred Pesos (P600.00) as payment for the issuance of a certified copy of the authority
upon presentation of proof of loss.
SECTION 28. Validity of the Authority. The authority to operate branch office shall be coterminous with the validity of the license
of the Agency subject for renewal upon submission of the original authority and requirements provided for under Section 25 hereof
as well as the original authority.
RULE V
PLACEMENT FEE, SERVICE FEE, AND OTHER CHARGES
SECTION 29. Placement Fee. A licensed PRPA may charge workers a placement fee which shall not exceed twenty percent
(20%) of the workers first months basic salary; in no case shall such fee be charged prior to the actual commencement of
employment.
SECTION 30. Service Fee. A licensed PRPA may charge employers a service fee which shall not exceed twenty percent (20%) of
the annual basic salary of the worker. In no case shall the service fee be deducted from the workers salary.
SECTION 31. Transportation. Transportation expenses of the worker from the place of origin to the place of work shall be charged
against the employer, and shall in no case be deducted from the workers salary.
SECTION 32. Issuance of Official Receipt. All payments made or fees collected by a licensed Agency shall be covered by an
official receipt indicating the amount paid and the purpose of such payment.
RULE VI
SUSPENSION, REVOCATION/CANCELLATION OF LICENSE
SECTION 33. Grounds for Suspension of a License. Any of the following shall constitute a ground for suspension of a license:
a. violation of any of the provisions of Sections 7,13, or 14 of these Rules;
b. violation of Department Order No. 21, series of 1994 regarding publication of job
vacancies;
c. non-issuance of official receipt for every fee collected;
d. non-submission of monthly report as provided in Section 61 of these Rules;
e. charging or accepting directly or indirectly, any amount in excess of what is prescribed by these Rules;
f. disregard of lawful orders and notices issued by the Secretary or his duly authorized representative; or
g. non-observance of the procedures on recruitment as stated in Section 20 of these Rules.
SECTION 34. Grounds for Cancellation/Revocation of a License.
Any of the following shall constitute a ground for the
cancellation/revocation of license:
a. violation/s of the conditions of license;
LABOR LAW REVIEW 37
b. engaging an act or acts of misrepresentation for the purpose of securing a license or renewal thereof;
c. continuous operation despite due notice that the license has expired;
d. incurring two (2) suspensions by a PRPA based on final and executory orders;
e. engaging in labor-only contracting as defined in Article 106 of the Labor Code, as amended;
f. recruitment and placement of workers in violation of Republic Act No. 7610 as amended by Republic Act No.
7658;
g. transferring, conveying or assigning of license/authority to any person or entity other than the one in whose
favor it was issued;
h. violation of any of the provisions, particularly, Article 34 of the Labor Code, as amended, and its Implementing
Rules and Regulations.
SECTION 35. Table of Penalties and Fines. The commission of any of the aforecited grounds for suspension,
cancellation/revocation shall merit imposition of fine and penalties provided in the herein
LABOR LAW REVIEW 38
Rules and Regulations :

The Agency is jointly and severally liable to any violation or illegal act committed by its
branch.
RULE VII
HEARING AND DISPOSITION OF RECRUITMENT VIOLATION AND RELATED CASES
SECTION 36. Complaints Against Agency. Complaints based on any of the grounds enumerated under the previous Sections
against a licensee/and or the authorized representative/s shall be filed in writing and under oath with the Regional/District/Provincial
Office having jurisdiction over the place where the PRPA/Branch Office is located, or where the prohibited act was committed, or at
complainants place of residence, at the option of the complainant; provided, that the Regional Office which first acquires jurisdiction
over the case shall do so to the exclusion of the others.
SECTION 37. Caption and Title. The complaint shall be filed in accordance with the following caption:
Republic of the Philippines

Department of Labor and Employment
LABOR LAW REVIEW 39
Regional Office No. ___

__________________________
Province/District
In the Matter of Violation of
Recruitment Rules and Regulations/Pertinent
Regulations Implementing the Labor
Code, as Amended
- versus - RO Case No. PRPA yr/mo/no. RV
_____________________
Respondent/s.
X--------------------x
11
SECTION 38. Contents of Complaint. All complaints shall be under oath to be administered by any officer authorized by law and
must contain, among others the following:
a. The name/s and address/es of the complainant/s;
b. The name/s and address/es of the respondent/s;
c. The nature of the complaint;
d. The substance, cause/grounds of the complaint;
e. When and where the action complained of happened;
f. The amount of claim, if any; and
g. The relief/s sought.
All pertinent papers or documents in support of the complaint must be attached whenever possible.
SECTION 39. Docket and Assignment of Cases. Complaints duly received shall be docketed and numbered and shall be
scheduled for hearing within ten (10) working days.
SECTION 40. Answer/Counter-Affidavit. Upon receipt of the complaint, the Regional Director shall issue show cause order
directing the respondent/s to file a verified Answer/Counter-Affidavit within ten (10) working days and copy furnished the complaint/s
and not a Motion to Dismiss, incorporating therein all pertinent documents in support of its defense, and attaching thereto proof of
service of a copy thereof upon the complaint/s. The answer shall be deemed filed on the date of receipt stamped thereon, if filed
personally, or on the date indicated in the registry receipt, if filed by registered mail.
SECTION 41. Motion for Extension. Only one motion for extension of time to file answer shall be allowed. The Regional Director,
upon receipt of such motion may, upon meritorious grounds, grant a non-extendible period not exceeding ten (10) working days.
Rulings of the Regional Director on motions for extension shall be sent by personal service or by registered mail.
SECTION 42. Failure to File Answer. Failure to file an answer/counter affidavit will constitute a waiver on the part of the
respondent.
SECTION 43. Service of Subpoena Duces Tecum and Subpoena Ad Testificandum. The Regional Director shall issue subpoena or sub-poena duces tecum. The process server who personally served the subpoena duces tecum and/or subpoena ad
testificandum, notice, order, resolution or decision shall submit his return within five (5) working days from the date of his service
thereof, stating legibly in his return his name, the mode/s of service, the name/s of the other person/s served and the date/s of
receipt. If no service was effected, the serving officer shall state the reason therefor. The return shall form part of the records of the
case.
LABOR LAW REVIEW 40
SECTION 44. Failure or Refusal to Obey Subpoena Duces Tecum and Subpoena Ad Testificandum. The license of an agency
who fails or refuses to obey the subpoena duces tecum/subpoena ad testificandum, shall be suspended until compliance of the
directive of the Regional Director. This is without prejudice to the outcome of the investigation wherein the proper penalty may be
imposed.
SECTION 45. Proof and Completeness of Service. The return is prima facie proof of the facts stated herein. Service by registered
mail is completed upon receipt of the addressee or agent; but if the addressee or agent fails to claim his mail from the post office
within five (5) working days from date of last notice of the postmaster, service shall take effect after such time.
SECTION 46. Authority to Initiate Clarifying Questions. At any stage of the proceedings and prior to the submission by the
parties of the case for resolution, the Regional Office may initiate clarificatory questions to further elicit facts or information, including
but not limited to the subpoena of relevant documentary evidence.
SECTION 47. Summary Judgment. Should the Regional Director find upon consideration of the answers, counter-affidavits and
evidence submitted, that r esolution/decision may be rendered thereon, the case shall be deemed submitted for decision.
SECTION 48. Nature of Proceedings. The proceedings before the Regional Office shall be non-litigious in nature. Subject to the
requirements of due process, the technicalities of and procedure and rules obtaining in the courts of law shall not strictly apply
thereto. The Regional Director may avail himself of all reasonable means to ascertain the facts of the case, including ocular
inspection, where appropriate, and examination of informed persons.
SECTION 49. Effects of Withdrawal/Desistance. The withdrawal/desistance of the complaining witness shall not bar the Regional
Office from proceeding with the investigation on recruitment violation/s. The Regional Office shall act on the case as may be merited
by the results of the investigation and impose such penalties on the erring Agency as may be deemed appropriate.
SECTION 50. Effects of Settlement. At any stage of the proceedings, the parties may submit a Compromise Agreement subject to
the approval of the Regional Office.
SECTION 51. Resolution of the Case. The conduct of hearings shall be terminated within fifteen (15) working days from the first
scheduled hearing. The Regional Director shall resolve the case within ten (10) working days from the time the case is deemed
submitted for decision.
SECTION 52. Suspension of License Pending Investigation. Pending investigation of a complaint leading to the
cancellation/revocation of license, the Regional Director, who is hearing the case, may suspend the license of the PRPA concerned
on any of the following grounds:
a. There exist reasonable grounds to believe that the continued operation of the Agency will lead to further
violation or exploitation of the workers being recruited;
b. Failure of the licensed PRPA to submit its Position Paper/Answer on the complaint within the prescribed
period;
c. Failure to attend the hearing despite due notice called by the Regional Office;
d. Failure or refusal to obey subpoena duces tecum and subpoena ad testificandum issued by the Regional
Director; and
e. Prima facie evidence shows that the Agency has violated and continues to violate any of the provisions of the
Labor Code, as amended, its Implementing
Rules and Regulations on the recruitment and placement of workers.
LABOR LAW REVIEW 41
SECTION 53. Suspension/ Cancellation of License. - The Regional Director who issued the license shall have the power to
suspend/ cancel the license of the Agency.
SECTION 54. Effects of Orders of Suspension/Cancellation or Revocation. An order of suspension/cancellation or revocation
shall have the effect of suspending or terminating all activities of the Agency which fall under the definition of recruitment and
placement. The Regional Office may seek the assistance of other government institutions, agencies or offices to ensure that
suspension or cancellation orders are implemented.
SECTION 55. Suppletory Application of the Rules of Court. In the absence of any applicable provisions of these Rules, the
pertinent provisions of the Rules of Court may be applied in a suppletory character.
SECTION 56. Appeal. Decision of the Regional Director is appealable to the Secretary within ten (10) working days from receipt of
a copy of the order, on any of the following grounds:
a. If there is prima facie evidence of abuse of discretion on the part of the Regional Director;
b. If the decision and/or award was secured through fraud or coercion;
c. If made purely on questions of law; and/or
d. If serious errors in the findings of facts are raised which, if not corrected, would cause grave or irreparable
damage or injury to the appellant. The appeal shall be filed with the Office of the Secretary, copy furnished the
Regional Office, issuing the Order of suspension or cancellation/revocation.
The Secretary shall have thirty (30) working days from receipt of the records to resolve the appeal. The decision of the Secretary
shall be final and inappealable.
RULE VIII
CESSATION OF OPERATION OF THE AGENCY/BRANCH
SECTION 57. Notice of Closure of the Agency or its Branch. The Agency or its branch office which ceases to operate prior to the
expiration of its license or its authority to operate shall notify the Regional Office concerned, stating the justification for such closure,
accompanied by the original receipt of cash bond and the license, or the authority to operate, as the case may be.
SECTION 58. Refund of Cash Bond. An Agency which voluntarily surrender its license shall be entitled to the refund of its
deposited cash bond only after posting a surety bond of similar amount from a bonding company accredited by the Insurance
Commission. The surety bond is valid for three (3) years from expiration of the license.
RULE IX
INSPECTORATE AND ENFORCEMENT FUNCTIONS
SECTION 59. Inspection Function. To ensure the effective supervision and regulation of the activities of all licensees, the Regional
Director or his duly authorized representative shall have access to the licensees records and premises at any time of the day or
night whenever work is being undertaken therein, to determine violation or may aid in the enforcement of these Rules.
SECTION 60. Writ of Execution. The Regional Director shall issue writs of execution to the appropriate authority for the
enforcement of his/her Orders.
SECTION 61. Submission of Monthly Reports. All Agencies shall submit to the Regional Office, copy furnished the Bureau, not
later than the 5th working day of every month reports verified and confirmed by the Regional Director or his duly authorized
representative of their recruitment and placement activities during the preceding month.
RULE X
REPEALING CLAUSE AND EFFECTIVITY DATE
LABOR LAW REVIEW 42
SECTION 62. Repealing Clause. All rules and regulations, guidelines and issuances inconsistent herewith are repealed or modified
accordingly.
SECTION 63. Effectivity. The provisions of these Rules and Regulations shall take effect fifteen (15) days after its publication in
two (2) newspapers of general circulation.
Done in the City of Manila this 5th day of June 1997.

(Sgd.) LEONARDO A. QUISUMBING
Secretary
Refer to POEA Rules for Land-Based Overseas Workers

Refer to POEA Rules for Sea-Based Overseas Workers
LABOR LAW REVIEW 43
C.
LABOR STANDARDS
Art 82 of the Labor Code provides that the provisions of Book III shall apply to employees on all establishments and
undertakings whether for profit of not, but not to:
1.
Government employees of GOCCs with original charter;
For GOCCs with original charter, the Civil Service Commission has the jurisdiction.
2.
Managerial Employees (including supervisory employees);
Those whose primary duty consists of the management of the establishment in which they are employed or
of a department or subdivision thereof;
They customarily and regularly direct the works of two or more employees;
They have the authority to hire or fire employees of lower rank; or their suggestions and recommendations
as to hiring and firing and as to the promotion or any other change of status of other employed, are given
particular weight (Rule 1, Sec 2b, Implementing Rules and Regulations of Book III, Labor Code)
Supervisory employees are Deemed Managerial Employees in view of Art 82 if:
The primary duty consists of the performance of work directly related to management policies of their
employer;
Customarily and regularly exercise discretion and independent judgment; and

(i) Regularly and directly assist a proprietor or a managerial employee whose primary duty
consists of the management of the establishment in which he is employed or subdivision
thereof; or
(ii) execute under general supervision work along specialized or technical lines requiring special
training experience or technical lines requiring special training, experience, or knowledge,
or
(iii) execute, under general supervision, special assignments and tasks.
3.
Who do not devote more than 20% of their hours worked in a work week to activities which are not directly
and closely related to the performance of the work described in paragraphs (1), (2), and (3) above. (Rule 1,
Sec 2c, Implementing Rules and Regulations of Book III, Labor Code)
Field Personnel;
Field personnel is not merely concerned with the location where the employee regularly performs his duties but
also with the fact that the employees performance is unsupervised by the employerwhose actual hours of work in
the field cannot be determined by reasonable certainty. Autobus Transport Sys, Inc vs Bautista, May 16, 2005
Fishermen employed by petitioner have no choice but to remain on board its vessel. Although they perform nonagricultural work away from petitioners business offices, the fact remains that throughout the duration of their work
teu are under the effective control and supervision of petitioner through the vessels patron or master as the NLRC
correctly held. Mercidar Fishing Corporation vs NLRC, Oct 8, 1998
4.
Members of the family of the employee solely dependent upon him for support;
They are not covered because their support may even exceed the benefits given under Book III of the Labor Code.
5.
Domestic helper/family drivers those in the personal service of the employer and who cater to the comfort and the
convenience of his family or household;
Tasks are usually necessary and desirable in the maintenance or enjoyment of the home; and
Personal comfort, convenience and safety of the employer, as well as of the members of the household.
LABOR LAW REVIEW 44
6.
Employees paid by result, piece rate workers, pakyaw basis, task basis or by commission; and
The basis of their compensation if work accomplished. The employer has no control over their work
Refer to Makati Haberdashery vs NLRC
7.
Employees of retail establishments and service establishments employing not more than 10 employees.
These employees are also not entitled to:
1.
Overtime pay;
Premium pay for rest days and holidays;
Night shift differential;
Holiday pay;
Service incentive leave; and
Service charges.
Hours of Work
a. Coverage and Exclusions
Coverage: All employees of establishments and undertakings
Excluded: Refer to Art 82
1. Government employees of GOCCs with original charter;
2. Managerial Employees (including supervisory employees);
3. Field Personnel;
4. Members of the family of the employee solely dependent upon him for support;
5. Domestic helper/family drivers those in the personal service of the employer and who cater to
the comfort and the convenience of his family or household;
6. Employees paid by result, piece rate workers, pakyaw basis, task basis or by commission; and
7. Employees of retail establishments and service establishments employing not more than 10
employees.
b. Normal Hours of Work
Art 83. The normal hours of work shall not exceed 8 hrs a day.
For health personnel, it shall be 8hrs a day for 5days if the following requisites are met:
Cities and Municipalities with a population of 1M ; and
Hospitals and clinics with at least 100 bed capacity.
Hours worked shall be compensable:

a)
b)
All time during which an employee is required to be on duty or to be at the employers premises or
to be prescribed to be on duty;
All time during which an employee is suffered or permitted to work (Sec 3, Rule I, LC, IRR, Bk III)
(Sec 4, Rule I, LC, IRR, Bk III)

c. Exceptions
Art 83. Except where the exigencies of the service require that such personnel work for 6 days or 48 hours, in
which case they shall be entitled to an additional compensation of at least 30% of their regular wage for work
on the 6th day.
d. Work interrupted due to brownouts
e.
f.
g.
h.
Meal Breaks
Idle time, waiting time, commuting time, travel time whether paid of hours of work or not
Overtime work
Night work
LABOR LAW REVIEW 45
i.
j.
k.
l.
2.
CBA provisions vis--vis overtime work

Night Shift Differential
Holiday pay
Service Incentive Leaves
Wages
Wages are remuneration or earnings, however designated, capable of being expressed in terms of money whether fixed or
ascertained oon a time, task, piece or commission basis, or other method of calculating the same, which is payable by an
employer to employee under a written or unwritten contract of employment for work done, or for work to be done, or for
service rendered or to be rendered. (Chavez vs NLRC)
a. No work , no pay principle
University of Pangasinan Faculty Union vs NLRC
b. Coverage and Exclusions
c. Facilities vs Supplements
Supplements constitute extra-remuneration or special priveleges or benefits given to or received by the
laborers over and above their ordinary earnings or wages.
Facilities are items of necessary expenses for the laborers and his familys existence and subsistence so that
by express provision of law, they form part of the wage and when furnished by employer are deductible
therefrom, since they are not so furnished, the laborer would spend and pay for them just the same.
Note: Be prepared to be asked for various examples differentiating facilities from supplements.
d. Wages vs Salaries
e. Wage Distortion
Wage distortion is a situation where an increase in the prescribed wage rates results in the elimination or
severe contraction of intentional quantitative differences in wage or salary rates between and among
employee groups in an establishment as to effectively obliterate the distinctions embodied in such wage
structure based on skills, length of service or other logical bases of differentiation (RA 6727, Metrobank
Employees Union vs NLRC).
Note that wage distortion is a non-strikeable issue. The resolution for wage distortion issue shall be sought by
voluntary negotiation or arbitration and not by strikes, or lockouts (RA 6727, Ilaw at Buklod ng
Manggagawa vs NLRC)
Elements of Wage Distortion (Prubankers Assoc vs Pru Bank & Trust Co):
1. There is hierarchy of positions with corresponding salary rates;
2. Significant change in the salary rate of a lower pay class without a concomitant increase in the higher
one;
3. Elimination of the distinction between the two levels; and
4. The existence of the distortion between the two levels in the same region of the country.
f. CBA provisions vis--vis Wage Order, CBA creditability
The Credibility provision in Wage Order No. 6 is based on impt public policy, that is, the encouragement of
employers to grant wage and allowance increases to their employees higher than the minimum rates of
increases prescribed by the statute or administrative regulation (Producers bank vs NLRC).
My take on this: In other words, the employees have the right to negotiate for a higher salary than what the
Regional Tripartite Wage Productivity Board or similar agencies prescribe. Wage Order No 6 prevent the
sanctioning of employers who increase the wage of the employees without waiting for the statutory prescribed
increase in the latters salary. Rather, it encourages the same as bargaining with the employer is a
LABOR LAW REVIEW 46
constitutional right and that wages is included in the negotiation. In addition, CBA is the contract between the
parties.
g. Non-dimunition of Benefits
Art 100. Prohibition of Elimination or Dimunition of Benefits
Art 127. Non-Dimunition of Benefits
No wage order issued by any regional board shall provide for wage rates lower than the statutory minimum
wage rates prescribed by the Congress (as amended by RA 6727).
Versus Non-diminition of Benefits
h. Workers Preference in case of bankruptcy
Art 110, Sec 10 Rule VIII Implementing Rules and Regulations of Book III
i. Labor Code provisions for wage protections
Art 112 - 119
j. Allowable deductions without employees consent
Art 113.
Galvadores vs Trajano
k. Attorneys fees and Union Service Fee in Labor Cases
Art 111.
l. Criteria / Factors for Wage Setting
3.
Rest Day
a. Right to Weekly Rest Day
b. Preference of the Employee
c. When work on a rest day is authorized
4.
Holidays
a. Right to Holiday Pay
b. Exclusions for Coverage
5.
Leaves
a.
b.
c.
d.
e.
Service Incentive Leave

Maternity Leave
Paternity Leave
Parental Leave
Leaves for victims of violence against women
6.
Service Charges
a. Coverage
b. Exclusions
c. Distribution
d. Integration
7.
13th Month Pay and other Bonuses

a. Coverage
b. Exclusions ad Exemptions from Coverage
c. Nature of the 13th Month Pay
d. CBA vis--vis 13th Month Pay
LABOR LAW REVIEW 47
8.
Women Workers (RA 10151)

a. Discrimination
b. Stipulation against Marriage
c. Prohibited Acts
d. Classification of Certain Women Workers
e. Anti-Sexual Harassment Act
9.
Minor Workers (RA 7610, as amended by RA 7678 and RA 9231)

a. Regulation of Working Hours of a Child
b. Employment of the child in public entertainment
c. Prohibition of employing minors n certain undertaking and certain advertisements
10. Employment of Househelpers

a. Definition
b. Benefits accorded to Househelpers
c. Termination
d. Reliefs for Unjust Termination
11. Employment of Homeworkers
a. Definition
b. Rights and Benefits accorded to Homeworkers
c. Conditions for deduction from Homeworkers earnings
12. Apprentice and Learners
a. Distinctions between Learnership and Apprenticeship
13. Handicapped Workers ((RA 7277, as amended by RA 9242)
a. Definition of Handicapped Workeres
b. Rights of Disabled Workers
c. Prohibitions on Discrimintaion adgainst Disabled Persons
d. Incentives for Employers
D.
TERMINATION OF EMPLOYMENT
1. Employer-Employee Relationship
a. 4-Fold Test
b. Probationary Employment
c. Kinds of Employment
1. Regular Employment
Reasonable Connection Rule
2.
Project Employment
Indicators of Project Employment
3.
4.
5.
Seasonal Employment
Casual Employment
Fixed Term Employment
Requisite for Validity
d. Job-Contracting and Labor-Only Contracting

1. When is there Job-Contracting?
2. When is there Labor-Only Contracting?
3. Conditions that must concur in legitimate job contracting
4. Effects of Finding that there is labor only contracting
2.
Termination of Employment
a. Substantive Due Process
LABOR LAW REVIEW 48
1.
Just Causes
a) Serious Misconduct or Willful Disobedience
b) Gross and Habitual Neglect of Duties
c)
Fraud or Willful Breach of Trust
d) Abandonment of Employment
e) Termination of Employment pursuant to a Union Security Clause
f)
Totality of Infractions Doctrine
2.
Authorized Causes
a) Redundancy /Retrenchment and Closure
i. Procedural Steps Required
ii. Requirements for Valid Retrenchment /redundancy
iii. Criteria for selecting employees for dismissal
iv. Standards to be followed
3.
Disease or Illness
b. Procedural Due Process

1. Reinstatement Aspect
a) Immediately executor
i. Actual Reinstatement
ii. Payroll Reinstatement
2. Separation Pay in lieu of Reinstatement
a) Strained Relations Rule
3. Backwages
a) Components of the Amount of Backwages
4. Constructive Dismissal
5. Preventive Suspenion
6. Quitclaims
7. Termination of Employment by Employee
c. Reliefs for Illegal Dismissal
3.
Retirement Pay Law

a. Coverage
b. Exclusions from Coverage
c. Components of Retirement Pay
d. Retirement Pay under RA 7641 vis-a-viis retirement benefits under SSS and GSIS laws
E.
MANAGEMENT PREROGATIVE
1. Discipline
2. Transfer of Employees
3. Productivity Standards
4. Grant of Bonus
5. Change of Working Hours
6. Marital Discrimination
7. Post-employment Ban
8. Limitations in its Exercise
F.
SOCIAL LEGISLATION
1. SSS Law
a.
b.
c.
d.
2.
Coverage
Exclusions from Coverrage
Benefits
Beneficiaries
GSIS Law
a. Coverage
LABOR LAW REVIEW 49
b. Exclusions from Coverage

c. Benefits
d. Beneficiaries
3.
4.
Limited Portability Law

Employees Compensation Coverage
LABOR CASES: FLOWCHART OF FILING CASES

I.
Cases falling under the Original Exclusive Jurisdiction of the Labor Arbiter
File the Labor Cases before the Labor Arbiter. Cases under its jurisdiction are enumerated
under Art 217. The following are also included:
Money claims of OFWs are also included by virtue of RA 8042;

Wage distortion in an unorganized establishments by virtue of RA 6727;
Enforcement of compromise agreements (Art 227 of the Labor Code); and
Cases arising out of the interpretation and implementation of the CBA by virtue of
Revised Rules of Procedures of the NLRC.
Note that the Labor Arbiters have the ancillary power to issue injunctions only as incidents to
cases pending before it in order to preserve the rights of the parties. This, however, does not
include injunction on strikes or lockouts. (Pondoc vs NLRC)
Note that the Labor Arbiter has 30 calendar days to hear and decide cases submitted before it.
File an Ordinary Appeal of the decision of the Labor Arbiter before the NLRC within 10
calendar days. The grounds for appeal are as follows:
1. If there is prima facie evidence of abuse of discretion on the part of the Labor
arbiter;
2. If the decision, order or award was secured through fraud, or coercion, including
graft and corruption;
3. If made purely on questions of law; and
4. If serious errors in the findings of facts are raised which would cause grave of
irreparable damage of injury to the appellant.
(Art 223)
The NLRC shall decide the cases within 20 calendar days from receipt of the answer of the
appellee. Its decision shall be final and executory after 10 calendar days from the receipt of
the parties.
Motion for Reconsideration

File a Petition for Certiorari under Rule 65 before the Court of Appeals within
_________________.
Rule 43 of the Rules of Court is not binding on Labor Cases (Rule 43, Sec 2).
File a Petition for Review on Certiorari under Rule 45 before theLABOR LAW REVIEW
Supreme Court within _________________.
50
II.
III.
IV.
V.
Direct and Indirect Contempt Cases

Cases falling under the Original Exclusive Jurisdiction of the Regional Director
Cases falling under the Original Exclusive Jurisdiction of the Bureau of Labor Relations
Cases falling under the Original Exclusive Jurisdiction of the NLRC
LABOR LAW REVIEW 51

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INTRODUCTION

LABOR means physical toil

KINDS OF LABOR LAWS

LABOR LAWS & SOCIAL LEGISLATIONS

SOURCES OF LABOR LAWS

Art II, Sec 10

Art II, Sec 18

Art XII, Sec 12

Art XIII, Sec 1

Art XIII, Sec 3*

*2009 Bar Exam Question

principle of shared responsibility between workers and employers and the

preferential use of voluntary modes in settling disputes

regulation of relations bet workers and employees

creation of economic opportunities

LABOR LAW REVIEW 1

*2006 Bar Exam Question

Art XIII, Sec 14

Revised Penal Code

BASES OF LABOR LAWS

LABOR LAW REVIEW 3

LABOR LAW REVIEW 4

THE LABOR CODE OF THE PHILIPPINES

Human Resources Development

Health, Safety & Social Welfare Benefits

Transitory & Final Provisions

LABOR LAW REVIEW 5

LABOR LAW REVIEW

FUNDAMENTAL PRINCIPLES & POLICIES

LABOR LAW REVIEW 6

New Civil Code

Art. 1705. The laborer's wages shall be paid in legal currency.

LABOR LAW REVIEW 7

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RECRUITMENT & PLACEMENT

LABOR LAW REVIEW 10

Serapio Abug was charged with illegal recruitment in 4 criminal

information. Abug filed a motion to quash these information, contending that

Essential Elements of Illegal Recruitment

LABOR LAW REVIEW 11

Article 38. Illegal recruitment.

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R.A. 8042, as amended by RA 10022

LABOR LAW REVIEW 13

Simple Illegal Recruitment

Illegal Recruitment in Large Scale

LABOR LAW REVIEW 14

Illegal Recruitment as Economic Sabotage

LABOR LAW REVIEW 15

Illegal Recruitment filed against employees (added based on the lecture)

LABOR LAW REVIEW 16

is "any act of canvassing, enlisting, contracting, transporting,

LABOR LAW REVIEW 17

LABOR LAW REVIEW 18

There is illegal recruitment

when one gives the impression of having the ability to send a

It is undisputed that appellant gave

complainants the distinct impression that she had the power

LABOR LAW REVIEW 19

employment from the person posing as a recruiter whether

LABOR LAW REVIEW 20

LABOR LAW REVIEW 21

The accused was a consultant for Craftrade Overseas Developers.