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?
- Every notarized contract creates an exemption.
- A promise transfers DMW authority to the employer.
- A high salary automatically substitutes for the exemption.
- Notarization alone does not establish the legal exemption.
- 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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