Quiz-No-2-Labor-ED
Quiz on labor law and overseas employment, covering recruitment regulations, illegal recruitment, and POEA guidelines. Ideal for students or professionals reviewing legal principles on migrant worker protections and placement practices.
Daniel Miller
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1. Wonder Travel and Tours Agency (WTTA) is a well-known travel agency and an
authorized sales agent of the Philippine Air Lines. Since majority of its passengers are
overseas workers, WTTA applied for a license for recruitment and placement activities. It
stated in its application that its purpose is not for profit but to help Filipinos find
employment abroad. Should the application be approved?
Ans.
No, the WTTA's application for a license for recruitment and placement activities should
not be approved because the law prohibits the travel agencies and sales agencies of airline
companies from engaging in the business of recruitment and placement of employees to
employment abroad, whether for profit or not.
2. Asa rule, direct hiring of migrant workers is not allowed. What are theexceptions?
Explain your answer.
Ans.
The exemptions are International Organization, name hires, member of the diplomatic
organizations and other employers as may be allowed by DOLE. The purpose of the
direct hiring ban exemptions is to balance the need to protect OFWs from exploitation
and the need to provide accommodations in certain circumstances when direct hiring is
necessary or beneficial.
3. The accused X and Y represented themselves to complainants A and B to have the
capacity to send workers abroad, although they did not have any authority or license. It is
by this representation that they induced complainants to pay a placement fee. X and Y
may also be liable for .?
Ans.
X and Y may be liable for illegal recruitment because there is an act of promising that
they have the capacity or the ability to send workers abroad and their actions directly
violate the law by engaging in recruitment activities without the authority or license.
They also induced the complainants to pay placement fee based on false representation.
4. A was approached for possible overseas deployment to Dubai by X, aninterviewer of job
applicants for Alpha Personnel Services, Inc., an overseas recruitment agency. X required
A to submit certain documents (passport, NBI clearance, medical certificate) and to pay
P25,000 as processing fee. Upon payment of the said amount to the agency cashier, A
was advised to wait for his visa. After five months, A visited the office of Alpha
Personnel Services,Inc. during which X told him that he could no longer be deployed for
employment abroad. A was informed by the Philippine Overseas
Employment Administration (POEA) that while Alpha Personnel Services, Inc. was alice
used agency, X was not registered as its employee, contrary to POEA Rules and
Regulations. Under POEA Rules and Regulations, the obligation to register personnel
with the POEA belongs to the officers of a recruitment agency.May X be held criminally
liable for illegal recruitment? Explain. (2%)
Ans.
Yes, X may be held criminally liable for illegal recruitment because X actions
engaging in recruitment activities without appropriate government authority and
authorized sales agent of the Philippine Air Lines. Since majority of its passengers are
overseas workers, WTTA applied for a license for recruitment and placement activities. It
stated in its application that its purpose is not for profit but to help Filipinos find
employment abroad. Should the application be approved?
Ans.
No, the WTTA's application for a license for recruitment and placement activities should
not be approved because the law prohibits the travel agencies and sales agencies of airline
companies from engaging in the business of recruitment and placement of employees to
employment abroad, whether for profit or not.
2. Asa rule, direct hiring of migrant workers is not allowed. What are theexceptions?
Explain your answer.
Ans.
The exemptions are International Organization, name hires, member of the diplomatic
organizations and other employers as may be allowed by DOLE. The purpose of the
direct hiring ban exemptions is to balance the need to protect OFWs from exploitation
and the need to provide accommodations in certain circumstances when direct hiring is
necessary or beneficial.
3. The accused X and Y represented themselves to complainants A and B to have the
capacity to send workers abroad, although they did not have any authority or license. It is
by this representation that they induced complainants to pay a placement fee. X and Y
may also be liable for .?
Ans.
X and Y may be liable for illegal recruitment because there is an act of promising that
they have the capacity or the ability to send workers abroad and their actions directly
violate the law by engaging in recruitment activities without the authority or license.
They also induced the complainants to pay placement fee based on false representation.
4. A was approached for possible overseas deployment to Dubai by X, aninterviewer of job
applicants for Alpha Personnel Services, Inc., an overseas recruitment agency. X required
A to submit certain documents (passport, NBI clearance, medical certificate) and to pay
P25,000 as processing fee. Upon payment of the said amount to the agency cashier, A
was advised to wait for his visa. After five months, A visited the office of Alpha
Personnel Services,Inc. during which X told him that he could no longer be deployed for
employment abroad. A was informed by the Philippine Overseas
Employment Administration (POEA) that while Alpha Personnel Services, Inc. was alice
used agency, X was not registered as its employee, contrary to POEA Rules and
Regulations. Under POEA Rules and Regulations, the obligation to register personnel
with the POEA belongs to the officers of a recruitment agency.May X be held criminally
liable for illegal recruitment? Explain. (2%)
Ans.
Yes, X may be held criminally liable for illegal recruitment because X actions
engaging in recruitment activities without appropriate government authority and
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Subject
Business Law