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Philippine Bar review · Question

Practice question: Ban on Direct Hiring

Multiple Choice Medium

Practice question

A Filipino independently secures a foreign job without a recruitment agency. She argues that this fact alone proves she is free from all direct-hire processing requirements. Which is correct?
  1. Independent job discovery guarantees an unrestricted exemption.
  2. Only an employer's signature is required.
  3. She may fall within a name-hire pathway, but must satisfy applicable authorization and DMW processing.
  4. Every independently found job is necessarily a criminal act.
  5. A personal referral replaces all government documentation.

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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