Scribd
Upload
2K views2 pages

Labor Law Overview and Key Provisions

The document discusses various Philippine labor laws and regulations related to overseas employment and recruitment. It mentions several key functions of the POEA including adjudicatory functions to resolve money claims, as well as regulations regarding placement fees, mandatory remittance rates, citizenship requirements for recruitment agencies, prohibited recruitment practices, and penalties for illegal recruitment offenses. It also briefly references laws related to apprenticeships, illegal dismissal, non-discrimination of disabled workers, holidays, and the jurisdiction of different government agencies related to labor issues.

Uploaded by

Ren Irene D Macatangay
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
2K views2 pages

Labor Law Overview and Key Provisions

The document discusses various Philippine labor laws and regulations related to overseas employment and recruitment. It mentions several key functions of the POEA including adjudicatory functions to resolve money claims, as well as regulations regarding placement fees, mandatory remittance rates, citizenship requirements for recruitment agencies, prohibited recruitment practices, and penalties for illegal recruitment offenses. It also briefly references laws related to apprenticeships, illegal dismissal, non-discrimination of disabled workers, holidays, and the jurisdiction of different government agencies related to labor issues.

Uploaded by

Ren Irene D Macatangay
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
  • Direct Hiring Regulations
  • POEA Guidelines
  • RA 8042 - RA 10022 Details
  • Employment Regulations

POEA -

regulatory functions and


adjudicatory functions

RA 8042 - RA 10022

- money claims transferred to LA


- Labor Arbiter has jurisdiction of money claims must decide within 90 days from the filing of the
complaint
- if local employment - 30 days
- 297 just, 298 - authorised - CAUSE
- full reimbursement of placement fee + Full salary of the unexpired portion of the contract+ 12%
interest per annum
- Direct HIRING - bawal doctrine of imputed knowledge
- Name HIRE - POEA contract still will look into
- Placement fee- of afterwork through the effort of the licensee - ART 32
- Art 34 par 5 - Substitution of contract ( illegal recruitment)
- Art 22 Mandatory remittance at the rate of 80% - seamen 70% - construction work 70% -
professional 50 % - no board and logging
- ART 26 - no engagement of placement of Travel and Agency
- Citizenship requirement 75% Filipino, 25% Foreign
- ( authorised and capital stock)
- 2,000,000 recruitment agency
- non- transferable license
- Private License - authorised private employment agency - with charge ( recruit and placement)
- Authority - Private recruitment entity - without charges -with effort ( can charge)
- ART 34 - A-M ( if aliens manage, illegal recruitment,
- Economic sabotage
- Syndicated
- ( non bailable , proof without reasonable doubt)
- Large scale - ( 3 or more recruitment workers)
- POEA may not issue warrant of arrest
- Warrant of Arrest - President and Judge ( illegal alien , undesirable alien arrest)
- Life imprisonment, maximum penalty 2-5 million
- Simple - 5 yrs
- Economic - 20 yrs
- Venue - option of the complainant
- other prohibited acts ( agency - more than 8% - 6- 12 yrs)

- Apprenticeship not more than 6 mo - 75 %


- Learner not more than 3 mo, illegal dismissal, expectation to be hired - 75%
- Handicapped Art 78 and 79, do not discriminate disabled person
- 20 % discount ,

BOOK 3
Govt employees, Managerial employees,

- Hours work - Compensabilty

OWWA - insurance

Social justice not a refuge to scoundrels

SEC 10 RA

RA - 0199

Article 45

Recruitment

Article 16- Engage in recruitment and placement

Art 93

12 regular holiday

Article 129 DOLE

* aggregate amount does not exceed 5000


* no reinstatement

RA 10361 Batas Kasambahay

DOLE having Jurisdiction of the kasamabahay regardless of amount

You might also like