Session Three

RECRUITMENT AND PLACEMENT OF WORKERS / ALIEN EMPLOYMENT

1. Recruitment and Placement of Workers

1.1 Definition - Labor Code, Art. 13 (b)

People v. Panis, 142 SCRA 667 (1986)

1.2 Employment Agencies / Entities

1.2.1 Allowed entities - Labpr Code, Arts. 16,18, 25 & 12(f); Omnibus Rules, Book I,
Rules III, IV, VII Sec 1.

1.2.2 Private employment agency - Labor Code, Art. 13 (c) & (d)

1.2.3 Private recruitment entity - Labor Code, Art. 13 (e) & (f)

1.2.4 Public employment offices - Labor Code, 12 (f) & 14 (a); E.O. No. 247 (1987),
Sec 3 (f)

1.2.5 Prohibited entity - Labor Code, Arts. 16, 18, 25 & 26; POEA Rules and
Regulations Governing the Recruitment and
Employment of Land-based Overseas Workers
(2002 POEA Rules)

1.3 Government techniques of regulation - Private Recruitment

1.3.1 Licensing - Labor Code, Arts. 27, 28, 29, 30 & 31; 2002 POEA Rules, Part II,
Rule II, Secs. 1, 4 ,6 & 7; POEA Rules and Regulations Governing
the Recruitment and Employment of Seafarers (2003 POEA
Rules), Part II, Rule I (a) & (b); Rule II, Secs. 1, 4, 6, & 7

1.3.2 Worker’s Fee - Labor Code, Art. 32

1.3.3 Reports/Employment Information - Labor Code, Art. 33

1.4 Prohibited practices - Labor Code, Art. 34

1.5 Illegal recruitment - Labor Code, Art 38 (a) & (b); R.A. No. 8042, Sec. 6 as amended by R.A.
No. 10022, Sec. 5;

People v. Chua, G.R. No. 184058 (March 10, 2010)

People v. Laogo, G.R. No. 176264 (Jan. 10, 2011)

People v. Gilda Abellanosa, G.R. No. 214340 (July 19, 2017)

People v. Erlinda A. Sison, G.R. No. 187160 (Aug. 9, 2017)

People V. Julia Regalado Estrada, G.R. No. 225730 (Feb. 28, 2018)
 People v. Delia C. Molina, G.R. No. 229712 (Feb. 28, 2018)

1.6 Enforcement & sanctions - Labor Code, Arts. 35, 36, 37, 38 & 39; R.A. No. 8042, Secs. 6, 7,
& 10 as amended by R.A. No. 10022, Secs, 6 & 7;

Claudio S. Yap v. Thenamaris Ship’s Management and Intermare

Maritime Agencies, Inc., G.R. No. 179532 (May 30, 2011)

1.6.1 Joint and several liability of private employment agency / manning agent and
employer.

- R.A. No. 8042, Sec 10, Pars. 2 & 3 as amended by R.A. No. 10022, Sec 7; 2002
POEA Rules, Part ii, Rule II, Sec. 1 (f) (3); 2003 POEA Rules, Part II, Rule II, Sec 1
(e) (8);

Datuman v. First Cosmopolitan Manpower and Promotion Services, Inc. G.R. No.
156029 (Nov. 14, 2008)

1.7 Jurisdiction

1.7.1 Regional Trial Court, for Criminal Action for Illegal Recruitment

- R.A. No. 8042, Sec. 9

1.7.2 NLRC, for Money Claims arising from employer-employee relations

- R.A. No. 8042, Sec. 10 as amended by R.A. No. 10022, Sec 7

Serrano v. Gallant Maritime Services, Inc., G.R. No. 16714, (Mar. 24, 2009)

1.7.3 POEA, for administrative and disciplinary actions

- Omnibus Rules Implementing R.A. No. 8042, Sec. 28

2. Alien employment regulation
- Constitution, Art XII, Sec. 12; Anti-Dummy Law, Sec. 2-A, as
amended, in relation to Constitution, Art. XVI, Sec 11 (1) & (2),
Art. XII, Sec. 11; Investment Code, Art. 76, Par. 2; Labor Code,
Arts. 40, 41 & 42; Omnibus Rules, Book I, Rule XIV; Department
Order No. 97-09 (Revised Rules for Issuance of Employment
Permits to Foreign Nationals)

2.1 Coverage - Department Order No. 97-09, Secs. 1 & 2

Almodiel v. NLRC, 223 SCRA 341 (1993)

2.2 Conditions for grant of permit - Labor Code, Art. 40; Department Order 97-09, Sec. 10

WPP Marketing Communications, Inc. v. Galera, 616 SCRA 422 (2010)