Practice question
A land-based overseas worker alleges unpaid contractual wages and separately seeks administrative cancellation of an agency’s recruitment license for regulatory violations. No special arbitration agreement applies. The agency argues that DMW’s current regulatory role means it alone must award all wages. Which analysis is best?
- DMW’s recruitment regulation automatically abolishes RA 8042 section 10
- Both requests must be decided by the agency itself
- The wage claim follows the statutory Labor Arbiter route, while administrative recruitment-license sanctions follow the proper DMW process
- The worker must abandon wages to seek regulation
- Every licensing issue belongs exclusively to a regular civil court
Legal references
- https://lawphil.net/statutes/repacts/ra2010/ra_10022_2010.html — RA 10022, section 7, amending RA 8042 section 10: overseas employment claims, ninety-day period and joint and several liability.
- https://lawphil.net/statutes/repacts/ra2024/ra_12021_2024.html — RA 12021, sections 54–55: seafarer grievance, CBA voluntary arbitration and non-CBA dispute routes.
- https://stcw.marina.gov.ph/wp-content/uploads/2016/02/Signed-IRR-RA-NO.-12021_for_website-1.pdf — RA 12021 IRR, Rule XI sections 2 and 4: arbitration framework and DMW administrative jurisdiction excluding money claims.
- https://dole.gov.ph/news/dole-issues-new-rules-on-execution-of-seafarers-claims/ — Official DOLE January 15, 2025 release on issued DO 247-2025: execution rules do not modify NLRC and voluntary-arbitrator jurisdiction.
Answer this question in flashcards to review your response and continue practicing.