All ▸ Bar 2024 ▸ LABOR LAW AND SOCIAL LEGISLATIONS ▸ II. RECRUITMENT AND PLACEMENT OF WORKERS ▸ a. Ban on Direct Hiring, Exceptions - Labor Code, Art. 18

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Question: The Ban on Direct Hiring Exceptions

A construction company based in Metro Manila is in need of additional skilled workers for a major project. The company management wants to directly hire workers from the provinces, bypassing the assistance of licensed recruitment agencies. They believe that this would be more cost-effective and efficient for their hiring process.

Discuss the exceptions to the ban on direct hiring under Article 18 of the Labor Code of the Philippines. Determine whether the construction company can legally proceed with their plan to directly hire workers without engaging the services of a licensed recruitment agency. Support your answer with relevant provisions of the Labor Code or any other applicable laws.

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