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)
1.Travel agencies, board members, management officials
2.Sales agencies of airlines
3.Employees of travel agencies/airlines directly or indirectly managing
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
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.
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%)
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
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)
ENT of non-resi alien : AEP; if immig/res: AERC; except: Prof Es Di Go Go Res of Ow; Art41=no transfer or ENT or ER with prior DOLE approval
Art40=non-availa.of person in PH competent,able and willing
No alien in nationalized businesses
Public interest+public policy
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
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.