Practice question
An official exemption expressly covers a particular employer and arrangement. A different employer claims automatic coverage merely because it operates in the same industry. Which is best?
- Industry similarity alone necessarily extends every exemption.
- All exemptions are global and permanent.
- A private declaration conclusively establishes coverage.
- The original employer may amend the exemption for everyone.
- The second employer must establish that the applicable exemption actually covers its arrangement.
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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