Labor Standards Reviewer (Books 1 & 2)
| REGULATED RPW (CETHCHUP CRAP) >>> WORKER v. EE + Peo.v.Panis (presump.) +Peo.v.Goce(direct impre)+Peo.v.Angeles (no ill.rec. if no promise of ENT) | |||
| DISQUALIFIED FROM RPW! NO LICENSE! (RULE 1 OF IRR)
1.Travel agencies, board members, management officials 2.Sales agencies of airlines 3.Employees of travel agencies/airlines directly or indirectly managing 4.Non-Filipinos 5.Corp. lower then 75% Fil. Ownership 6.Those with derogatory record 7.EE of gov’t agencies implementing labor laws 8.Those who license/autho. Have been previously revoked |
Regulations:
1.Public ENT office only (Art. 16) 2.Private sector partici. (Art25) License (fee) v. Authority 3.Illegal recruitment (Art38)+Estafa = OK! (RTC) Venue: where the crime was committed or where offended party resides at time of commission 4.Econ. Sabo. = Syndicate v. Large Scale 5.Econ. Sabo = life in prison; simple local ill. Recruit = 4-8y; simple overseas IR = 12-20y 6.Penalty includes = revocation, forfeiture, deport 7.Prescription = 5y (simple); 20y (econ. Sabo) 8.QUALIFIED ILL. REC if minor or if nonlicensee;non-holder (RA 8042) MAX penalty 9.Sec. 6 8042 Illegal rec. includes holders/licensees 10. Direct hiring by ER (local) = OK 11. DH by ER (overseas) = banned (Art18); Except: INOM 12. Name hiring = overseas ENT obtained, own initiative and effort but REGISTER at POEA 13. Manda. Remittance (50-80%) (Art22); POEA has jurisdiction bec. Of disciplinary powers 14. Art34 prohibited acts PD 442: DA FUQ FEH FOT + RA 8042 Sec.6 FFF. 15. PD 442 art34 violation = 2-5y (MTC); 8042 sec6 violation = 6-12y 16. Repatriation, primary duty = agency + principal ER BUT OWWA or DFA (Art21) 17. POEA to secure the best possible terms and cond. Of ENT 18. State does not promote overseas ENT but full ENT 19. ENT contract altered but more beneficial = OKAY 20. Underage OFW = Repat. + Refund + Indemnify 21. If PRPA goes bankrupt, go after bond 22. Charge of fees to worker only after obtained ENT or has actually commenced ENT; early collection of fees may amt to suspension 23. POEA has power to refund/reimburse illegal/fraudulent/excessive fees. 24. Solidary liability between agency and principal-ER 25. Moral damages for nonchalant/uncaring attitude against agency 26. Pendency of a case does not delay agency’s oblig to repat worker 27. Foreign unregistered corp recruiting in the Ph can be sued. 28. Foreign ER may be disqualified by POEA for violation but disq is suspended after satisfaction of judg. |
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| BEFORE ISSUE
Capitalization : (loc) 200K/500K or (overs) 2M Bonds : cash b. + surety b. Cash/surety (loc) =25K/100K (3y release) Cash surety (overs) = 1M/100K (4y release) Registration fee=(loc) 500/2K; (overs) 50K Citizenship (75%) |
AFTER ISSUE
Nontransferrability as to address and owner Service fees (ER) Art32 (loc) 20% of 1y (overs) all fees+costs Placement fee (EE) Art32 (loc) 20% of 1m (overs) 1m salary; exc: no charge bec. Foreign law Change of branch office New Branch office
Recruitment in the province
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| REGULATORY BODIES
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DOLE/SOLE (Art 33, 36, 36 = powers) Power to suspend (Article 35) Power to cancel (Article 35) Regulatory power (Article 36) Visitorial power (Article 37) Power of report (Article 33) No power to issue arrest warrant POEA = regulatory + adjudicatory BLE = local ENT DFA = Repat undocumented OFW OWWA = Repat doc. OFW + contractual obli. RTC = Simple IR, econ. Sab., 8042 Prohibited acts + enforcement of foreign judgment MTC = PD442 prohibited acts NLRC = money claims (3y prescription) SSS PhilHealth Art40=non-availa.of person in PH competent,able and willing Penalty+deportation No alien in nationalized businesses Public interest+public policy |
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| PRELIMINARY MATTERS
Social legis>labor law (LL) but labor law is social
legis.
1.LL = Labor standards (LS) + Labor Relations (LR) 2.LS = minimum terms, given to EE by ER 3.LR = status, rights, duties + institutional mechanisms 4.LL foundation is social justice (SJ) thru police power 5.Workers>EE 6.LL = Consti, Civil Code, PD 442, RPC, etc. 7.LL is partial/biased in favor of labor but not unconstitutional bec. Of police power aim is SJ. 8.BIASES OF PD442: (a) Art3 Decla. Of basic policies (b) Art4 Construction in favor of labor in case of doubt 9.Capital has rights = mgmt rights; mgmt prerogatives 10. Mgmt rights = ROI, rules, select, transfer 11. Labor law + IRR = okay! Unless ultra vires 12. PD 442 for all workers except gov’t EE 13. PD 442 + GOCC = manner of creation (MANCRE) 14. MANCRE = congress>law>charter>civil service; SEC>articles of incorporation>corp. code>PD442 15. PD 442 applies even without ER-EE relationship; Examples: revocation of license, ill. Recruit., etc. |
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