Practice question
A Filipino engineer finds an overseas employer personally and obtains a work visa. The employer has no Philippine agency and says a valid visa conclusively establishes exemption from the Philippine direct-hiring ban. The engineer has not applied for DMW authorization or processing. Which analysis is best?
- The visa conclusively resolves all Philippine recruitment requirements.
- The work offer is automatically void solely because it was found personally.
- Name-hire pathways exist, but a foreign visa and personal job discovery do not themselves establish compliance with DMW exemption and processing requirements.
- Payment for an airline ticket is the only missing requirement.
- A notarized waiver lets the worker replace DMW authorization.
Legal references
- 2023 DMW landbased Rules, Department Circular 01 s.2023, specified section: https://dmw.gov.ph/archives/v1/resources/dsms/DMW/ISN-EXT/2023/DMW-DC-01-2023.pdf — Part I Rule II item 6 and Section 126; Labor Code Articles 18,26,29,34–35, official DOLE text: https://dole.gov.ph/book-1-pre-employment/ — Article 18.
- RA 11641 Sections 4–6,10,19, DMW succession to POEA: https://lawphil.net/statutes/repacts/ra2021/ra_11641_2021.html
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