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Philippine Bar review · Question

Practice question: Ban on Direct Hiring

Multiple Choice Hard

Practice question

An employer holds a limited direct-hire exemption for its own employment arrangement. It uses the document as an unrestricted authority to recruit workers for unrelated overseas employers. No separate authority exists. Which is sound?
  1. Every exemption is a general recruitment license.
  2. That broader authority does not follow merely from the limited exemption.
  3. Recruiting for unrelated employers is always unrestricted.
  4. The exemption automatically authorizes every intermediary.
  5. A private fee agreement expands every official authorization.

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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