Practice question
A foreign employer asks an OFW to leave immediately because their signed contract makes DMW processing unnecessary. The worker has not secured the required authorization or clearance. Which advice follows the direct-hire rules?
- The signed contract automatically overrides the ban.
- An employer's assurance substitutes for DMW action.
- A foreign work permit automatically satisfies every Philippine requirement.
- The contract alone does not establish an exemption or complete required processing.
- A travel agent can grant the necessary exception.
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
Answer this question in flashcards to review your response and continue practicing.