Philippine Bar review · Question

Practice question: Ban on Direct Hiring

Multiple Choice Hard

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?
  1. Exemption from the hiring channel restriction does not itself waive independent mandatory protections.
  2. A direct-hire exemption repeals every labor standard.
  3. All exempt workers lack employment rights.
  4. The employer alone determines mandatory law.
  5. 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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