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Philippine Bar review · Question

Practice question: Ban on Direct Hiring

Multiple Choice Medium

Practice question

An employer invokes a notarized promise to follow all employment laws as the sole source of a direct-hire exemption. No applicable law or departmental exemption is identified. Which is sound?
  1. Every notarized contract creates an exemption.
  2. A promise transfers DMW authority to the employer.
  3. A high salary automatically substitutes for the exemption.
  4. Notarization alone does not establish the legal exemption.
  5. All direct hiring is exempt once discussed honestly.

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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