Practice question
A worker’s arrangement is properly exempt from the direct-hire ban. Employer argues the exemption also authorizes paying below applicable mandatory employment standards. No such lawful derogation exists. Which is correct?
- Exemption from the hiring channel restriction does not itself waive independent mandatory protections.
- A direct-hire exemption repeals every labor standard.
- All exempt workers lack employment rights.
- The employer alone determines mandatory law.
- The exemption automatically removes contract obligations.
Legal references
- Labor Code Articles 18 and 35-38, read with current allocation of overseas functions under RA 11641: https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html
- 2023 DMW Landbased Rules, Department Circular 01 s.2023, Section 126: https://dmw.gov.ph/archives/v1/resources/dsms/DMW/ISN-EXT/2023/DMW-DC-01-2023.pdf
- RA 11641 Sections 4-6 and 19, DMW functions and succession: https://lawphil.net/statutes/repacts/ra2021/ra_11641_2021.html
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