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Labor Law I Course Syllabus Recruitment and Placement 1. DEFINITION (Labor Code, Art. 13 (B) )
Labor Law I Course Syllabus Recruitment and Placement 1. DEFINITION (Labor Code, Art. 13 (B) )
COURSE SYLLABUS
PART II
RECRUITMENT AND PLACEMENT
2.1. DEFINITION (Labor Code, Art. 38[a]; DO 141-14, Sec. 42; RA 8042, as amended, Sec. 6;
Omnibus Rules, Rule IV, Sec. 1)
▪ People v. Tolentino, G.R. No. 208686, July 1, 2015
▪ People v. Abella, G.R. No. 195666, Jan. 20, 2016
▪ People v. Dela Cruz, G.R. No. 214500, June 28, 2017
▪ People v. Sison, G.R. No. 187160, Aug. 9, 2017
2.2. ELEMENTS
5.3.2. Illegal recruitment constituting economic sabotage – (a) Illegal recruitment committed by a
syndicate, and (b) illegal recruitment committed in large scale (Labor Code, Art. 38[b]; RA 8042,
as amended, Sec. 6; Omnibus Rules, Rule IV, Sec. 1)
▪ People v. Sison, G.R. No. 187160, Aug. 9, 2017
▪ People v. Estrada, G.R. No. 225730, Feb. 28, 2018
3.1. Criminal/Civil liabilities (RA 8042, as amended, Secs. 6 & 7; RPC, Arts. 100 & 104; Omnibus
Rules, Rule IV)
▪ People v. Velasco, G.R. No. 195668, June 25, 2014
3.2. Administrative liability (RA 8042, as amended, Secs. 7, 10, 23[c.6], 37-A; Omnibus Rules,
Rule IV, Sec. 5; Id., Rule VI, Sec. 15; Id., Rule VII, Sec. 6; Id., Rule X, Sec. 10; Id., Rule XII, Sec.
2; Id., Rule XVI, Sec. 12)
3.3. Solidary liability of principal/employer and recruitment/placement agency for any and all
(money) claims (RA 8042, as amended, Sec. 10; Omnibus Rules, Rule II, Sec. 1[s], and Rule VII,
Sec. 3)
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3.4. Liability of corporate director and officers not automatic; finding that they were remiss in
directing the affairs of that company necessary (RA 8042, as amended, Sec. 6; Omnibus Rules,
Rule IV, Sec. 4)
▪ Sto. Tomas v. Salac, G.R. No. 152642, Nov. 13, 2012 [En Banc]
▪ People v. Molina, G.R. No. 229712, Feb. 28, 2018 [Second Division]
5.5. MONEY CLAIMS OF OFWs GOVERNED BY RA 8042, SEC. 10 – APPLIED ONLY TO CASES
OF ILLEGAL DISMISSAL; UNCONSTITUTIONAL CLAUSE “OR FOR THREE MONTHS FOR
EVERY YEAR OF THE UNEXPIRED TERM, WHICHEVER IS LESS”
▪ Poseidon International Maritime Services, Inc. v. Tamala, G.R. No. 186475, June 26,
2013
▪ Sameer Overseas Placement Agency, Inc. v. Cabiles, G.R. No. 170139, Aug. 5, 2014
6. DEPLOYMENT OF MIGRANT WORKERS (RA 8042, as amended, Secs. 4-5; Omnibus Rules,
Rule III)
6.1. DIRECT HIRES (Omnibus Rules, Rule II, Sec. 1[i]; POEA MC-08-2018, or the “Implementing
Guidelines on the Registration of Direct-Hire Overseas Filipino Workers”)
6.2. BAN ON DIRECT-HIRING; EXEMPTIONS AND REQUIREMENTS (Labor Code, Art. 18; Revised
POEA Rules and Regulations Governing the Recruitment and Employment of Landbased
Overseas Filipino Workers of 2016, Part III, Rule I, Secs. 123-125)
▪ Dagasdas v. Grand Placement and General Services Corporation, G.R. No. 205727, Jan.
18, 2017
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7. REGULATION OF RECRUITMENT AND PLACEMENT ACTIVITIES (Labor Code, Arts. 13, 25-
39; RA 8042, as amended; Omnibus Rules; DO 141-14; Revised POEA Rules and Regulations
Governing the Recruitment and Employment of Landbased Overseas Filipino Workers of 2016;
2016 POEA Rules and Regulations Governing the Recruitment and Employment of Seafarers;
and POEA MC-08-2018 – Implementing Guidelines on the Registration of Direct-Hire Overseas
Filipino Workers [OFWs])
▪ Republic v. Humanlink Manpower Consultants, Inc. (Formerly MHY New Recruitment
International, Inc.) G.R. No. 205188, April 22, 2015
7.1.1. Definition (Labor Code, Art. 13[f]; Omnibus Rules, Rule II, Sec. 1[b][w])
7.2. SUSPENSION AND/OR CANCELLATION OF LICENSE OR AUTHORITY (Labor Code, Art. 35)
7.3. PRIVATE SECTOR PARTICIPATION (Labor Code, Art. 25; RA 8042, as amended, Sec. 23;
Omnibus Rules, Rule X, Sec. 3; Revised POEA Rules and Regulations Governing the
Recruitment and Employment of Landbased Overseas Filipino Workers of 2016, Part II, Rule I;
and 2016 POEA Rules and Regulations Governing the Recruitment and Employment of
Seafarers, Part II, Rule I)
7.4. PLACEMENT BY THE PRIVATE SECTOR (Revised POEA Rules and Regulations Governing the
Recruitment and Employment of Landbased Overseas Filipino Workers of 2016, Part III; and
2016 POEA Rules and Regulations Governing the Recruitment and Employment of Seafarers,
Part III)
7.5. PLACEMENT BY THE ADMINISTRATION (Revised POEA Rules and Regulations Governing the
Recruitment and Employment of Landbased Overseas Filipino Workers of 2016, Part IV)
7.6. EMPLOYMENT STANDARDS (Revised POEA Rules and Regulations Governing the
Recruitment and Employment of Landbased Overseas Filipino Workers of 2016, Part V; and 2016
POEA Rules and Regulations Governing the Recruitment and Employment of Seafarers, Part IV)
8.3. GROUNDS (Revised POEA Rules and Regulations Governing the Recruitment and Employment
of Landbased Overseas Filipino Workers of 2016, Part VI, Secs. 143-145; and 2016 POEA Rules
and Regulations Governing the Recruitment and Employment of Seafarers, Part V, Secs. 123-
128)
8.5. APPEAL AND EXECUTION OF DECISIONS (Revised POEA Rules and Regulations Governing
the Recruitment and Employment of Landbased Overseas Filipino Workers of 2016, Part VI,
Secs. 185-197; and 2016 POEA Rules and Regulations Governing the Recruitment and
Employment of Seafarers, Part V, Secs. 169-181)
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8.5.1. Remedy of injunction
▪ Republic v. Principalia Management and Personnel Consultants, Inc., G.R. No. 198426,
Sept. 2, 2015
9. ASSISTANCE TO OFWS AND SEAFARER (Revised POEA Rules and Regulations Governing
the Recruitment and Employment of Landbased Overseas Filipino Workers of 2016, Part VIII,
Secs. 207-232; and 2016 POEA Rules and Regulations Governing the Recruitment and
Employment of Seafarers, Part VI, Secs. 191-216)
9.1. REPATRIATION OF WORKERS (RA 8042, Secs. 15, 16, 23[a][b.2][c.6], 36 & 37-A[d][i];
Omnibus Rules, Rule XIII, Secs. 1-9)
10. COUNTRY-TEAM APPROACH (RA 8042, as amended, Secs. 27-28; Omnibus Rules, Rule VIII,
Sec. 3)
11. INCENTIVES AND AWARDS (Revised POEA Rules and Regulations Governing the Recruitment
and Employment of Landbased Overseas Filipino Workers of 2016, Part IX, Secs. 233-240; and
2016 POEA Rules and Regulations Governing the Recruitment and Employment of Seafarers,
Part VII, Secs. 217-224)
14.1. DISTINGUISH FROM OTHER VISITORIAL POWERS (Labor Code, Arts. 128 & 289 [274])
15. EMPLOYMENT OF NON-RESIDENT ALIENS (Labor Code, Arts. 40-42; DO 186-17, or the
“Revised Rules for the Issuance of Employment Permits to Foreign Nationals;” DOLE, DOJ, BI,
and BIR Joint Guidelines No. 01, Series of 2019 – Re: Guidelines on the Issuance of Work and
Employment Permits to Foreign Nationals dated May 1, 2019)
15.2. LABOR MARKET TEST AND OTHER OBJECTION AGAINST THE FOREIGN NATIONAL (Id.,
Sec. 7)
15.4. GROUNDS FOR DENIAL OF APPLICATION FOR OR RENEWAL OF AEP (Id., Sec. 12)
15.8. APPEAL FROM DENIAL, CANCELLATION, OR REVOCATION OF AEP (Id., Sec. 16)