 Are employees may not be held illegal if the agency itself is licensed

 If employee acting on behalf of a placement an agency which is not a licensed agency then
be held as liable
 If the agency he represent in a recruitment activities is a licensed agency then defense of
good faith and evidence of necessary license be available because it is the duty of the
agency to submit licensed authority for purposes of authorizing the individual undertaking
placement in behalf of the agency

 But if the agency is not licensed the employer cannot claim,

 #23
 #24- joint and several liability does not include criminal liability
Because for criminal liability there must be personal participation

#25 – False because the nature of the liability of the agency being joint and several of the
(employment agency means that it may be proceeded against on its own account) may be enforce
even without a judgment of incapacity to satisfy the judgment or judgment of being unable to
satisfy

#26 – False. GR burden of proof is on the employee that the recruiter is enaged in reccruiment
and placement

Exception:

1,. When the recruitment made for a fee to atleast two persons - then if this is the situation the
recruiter has the burden f proof to establish his innocence

#27 – False because their must be altheast two persons were promised and for such promise
fees were required

# 28 Name hiring & direct hiring

2 Distinction:

a.) Name Hiring - Contact of employment is approved by POEA ‘ pass thru POEA not thru a
placement agency
b.) Direct – did not pass thu POEA
a.) Name – legal
b.) Direct – illegal

#29

# 30 true . This are shouldered by the employer

#31- They are not alternative not because it has to be filed with them RTC but , because resort
to them are for different purposes: not alternative but depends on remedy you are seeking

o POEA-= for enforcement of administrative sanctions in illegal recruitment

o NLRC – emanating from employment contract of OFW
o RTC- enforcement of criminal liability
#32 false_ Philippines does not adopt as a strategy o deploy Filipinos to work aboard

It is a temporary strategy of the Philippine to respond to the unemployment problem in the

country

Because the policy is to work in the Philippines and not to work in other countries

#33- False - sec. 29 and 30 of the Migrant workers act has been declared unconsituttonl
because those provisions mandated regulation of control over recruitment and placement (SC
nullified such because as anti protective of the workers)

Ans. Provisions of law specifically sec. 29 and 30 of Migrant workers act 1861 has been
declared null and void as being unconstitutional

#34 – 1.) solidary liability of the agency with the employer

2.) Filipinos will be only be sent to a country where migrant workers rights are [protected and
have bilateral arrangement as to how Filipino workers will be taken care of

3.) required stipulations in the employment contract that protect the workers

4.) stringent qualifications for licensing and authority

5.) efficient support extended by the government to the migrant workers in the areas or
country of deployment

6. strict regulation on what and may not be done of the placement and recruitment agency

#35 – Mechanism is the required a[approval of the POEA for that employment contract to
ensure that the provisions are there

#36 – stringent requirement in participation of private sector in requirement and placement

# 37 – False because there are two forms of illegal recruitment economic sabotage

1.) in large scale conspiracy is not an issue

#38 False . case of Garmen Vs Ca- the accused here is a travel agency which h facilities the
payment of Visa and sale of airfare , purchase of airline ticket was not considered proof of/
constitute an act of recruitment . So if other proof is submitted , then the issuance of ticket and
travel visa was in pursuit of employment ,. Unless other proof is provided, then the
procurmanent and issuance of a ticket and travel visa is not sufficient that there is illegal
recruitment because it is precisely the function of an travel agency to do such.

# 39. False - an agency not duly licensed in POEA is not sufficient , the employee of the such
recruitment agency should be authorized to undertake recruitment and placement

#40 – False – Because the authority of the POEA does not extend only to what is being prayed
for by the complainant by virtue of its visitorial authority (ex. to sanction the licensee for
violations on the provisions on the license )
can hold the placement agency accountable

#41 false, Because recruitment agency

42.false – the agcne committed the act of illegal recruitment

43. false - the specifically the employment (DOLE)

POEA (overseas)

44. Because the employment contract was not approved / did not pass the POEA

45. False because even if erasures in the employment contract are prohibited to be made
without the approval of the POEA the erasures is not prohibited because the operation/erasures
did not prejudice the employee that was originally approved

45.

A.) 1.) placement agency is not licensed ( no license for APA)

2.) collecting fees greater than what is authorized

3.) falilure to deploy

4.) false information in the internet/ advertising without authority

5. failure to imburse if there was failure to deploy

6.Allan is not authorized

46. Because of the joint and several liability of the recruiter , can sue the employer for illegal
recruitment

. contract shall be paid, and also damages if was tainted with malic or bad faith

47.No benefit,the benefits claimed was not included in the contract and the contract was
approved by the POEA ,

ANS. Yes benefit should be granted, because the provisions of laws are deemed considered as
written in the employment contract, even if not so situptaed in the contract.

Entitlements granted by law to employees are deemed written the employment contract.

48.

a.) On the perspective of illegal recruiter: on criminal aspect that they are not lable for the act
committed; for the civil aspect they are always liable

the requirement of posting a bond

b.)
49. GR. If_____penalty is required by law to be imposed in the maximum

In case of economic sabotage – in the maximum

discretion of the judge which one is applicable

50. Penalties

 Sylvia, minor – required to be imposed in the Maximum

 Alfred- Ordinary illegal recruitment- duly licensed and authorized (illegal recruitment
under prohibited acts )

51. Basic distinction

 if your not authorized / duly licensed any act is illegal

52. Tripartism - means that the achieve t of industrial peace (peace in th workplace) is the
responsibility or accountabity of the three parties ( govet., employer and employee)

53. the reason is because industrial peace and economic achievement is lodged in the three
parties

54. POEA, DOLE

55. 1.) establish that the power or authority to hire may actually rest on the

1.) establish that d has the authority or power to hire a.

2.) power to terminate / dismiss

2.) power of employer to pay them

3.) power and authority to determine what A should do and how A should do it

56. power to control, what is to be done, determination on how should it be done

57. there are cases were provisions in the labor code may be invoked even if there is no EE ER
relationship

 2 other types of labor disputes

 would your answer be the same if we say in enforcing the right of the employee under the
labor code, there must be ER-EE relationship between the parties

ans : True. because invoking right as an employee in the labor code against the
employer, the first thing that must be established is the ER-EE relationship
58. False because only the rights of the employee is granted by law, those right provided
under the labor code regulates the right of the employer

59 Prerogatives

1.) Just and human conditions of employment –

2.) security of tenure- power to dismiss is regulated

3. right to self organization – right to determine terms and conditions of employment

4.) righ to normal work hours and rest days - regulate employers prerogative how work may e
done in terms of time

5.) power to dismiss - right to security of tenure

6.) power to hire - right of employee against undue discrimination

7.) right to determine compensation - right f employee to receive at least minmum wage or
wage not lower the minimum

8.) right to lockout – regulates to strike

 Yes. Provision in the constitution: constitutional right to property ; for an employer his
business is his property thus cannot be taken away from him without due process of law
 security of employees – regulates right / power of employer to dismiss employee means
allowed grounds specifically allowed by law for termination (just and authorized causes)
Major Distinction: Just & authorized causes

an exception to the payment of separation pay

( for authorized causes - separation pay is not required if there is serious business losses
)
- just – grounds imputable to the act of employee
- authorized - employee is affected and terminated due to exigencies of the employer
business or business situation, if employee is not dismissed the business will entirely
suffer or it is under the prerostive of the management what is best to go bout of his
business, for the business/ best to do or perform its business (save the business/
company )

 save the business/ company - 2 Reason: the reason why the employer is allowed to
terminate based on authorized grounds
1.) save the business
2.) employers presumed to know exactly how he wants to go about his business
specifically
- if the closure is not business in business losses nor of serious business lossess
then he is required pay separation pay.
ASSESSMENT 2

15. 2 basic requirement; AAP may be issued

A.) NO Filipino able and willing to perform the work for which the foreign national is to be
hired

a.) the hiring of that foreign national would redound to national interest

16. NRLC is no longer the agency

17. facts to establish

a. that Jack perform is an apprenticiable occupation

b.) company has an approved appretiship program approved by TESDA

c.) contract of appretiship or apprestihip agreement was approved by TESDA

18. purpose of learnrship is employment only that the workers needs some more training so
that he can property be employed

a learner if he passes the program he is suppose to be hired

- presumption of having acquired the skills need may be established if the employee
- if it exceed 3 months he is presumed to engage as an regular employee

Apprstice hired to paid – even after the appreship program even if he passess the program
employr s required to hire him

- proof to establish EE- employee relationship is not needed for as long as the 3 facts
are present

19. false because an employee or worker will only be considered as handicapped worker if that
employee efficiency as compared to an employee who has no disability s impaired

when the efficiency is impaired as compared to an employee who has no diability then the
employee is handicapped worker .E

earning capacity is impaired (meaning performance of work)

20. False. because disability does not only mean mental or physical, it waould also mean to age

(efficiency in performing the work )

21. a. already answered

is ann a handicapped worker: is efficiency in performing her work impaired by her disability

cannot be considered as handicapped worker because she is hired in a five star hotel

Anns’ claim: wage differential for 4 years

ans: prescription, money claim is only for 3 years not more than 3 years for that he was paid
less

22. false. gove employyees of GOOSS without otoginal charters are covered under labor code

23. Work hours and benefits and entitlements based on hours rendered

Fees or pay of managerial employee is not determined or depend in the number pf hours of
work but based on the performance of their work

- not dependent on hours of work rendered but on the performance and outputs of
the department he I assigned

23. field of personnel- actual number of works of work cannot be determined with certainty
since the nature of work is outside the premises or business

actual numbr of hours of work rendered cannot be determined with reasonable certainty

24. employment or engagement is not for employment purposes , because actual work rendered
is not measured in terms of hours of work , the main purposes of engagement is not for
employment but by reason of support, a the employer is the one supporting his family member

. Provided that the employee is dependent on the support of the employer

25. No regular work hours, actual work hours cannot be determined in terms of the normal 8
hour of work ; the work cannot be performed in just a normal 8 hours work

28. True: emploers are allowed to require wok from m Monday to Saturday even if there no
specific provision of law t hat effect, the fact that the entititlemtn to rest day becomes available
only after rendering 6 consecutive days , therefore the the 6 working days is allowed

exception : Health personnel

29. False . The 8 hour work days is set at the maximum, therefore work per day can be less than
8 hours
30. compensable overtime pay. because he was engaged as a company driver and required to
work for 8 hours from Monday to Friday.

It would be different if he is a company driver but assigned specifically perform work/

(engaged in the personal service of another) for the manager or as a personal driver of the
manager, then he will not be entitled to overtime pay

family driver are under the category of househelp

32. a.) 230 %

b.) depend if he worked on dec. 29 then he is entitled