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.
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.
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.
- 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