Practice question
Two Filipino workers obtain overseas offers without agencies. One is being processed under an applicable direct-hire exemption; the other merely assumes that every agency-free offer is exempt and has obtained no required clearance. A speaker says both cases are necessarily unlawful because no exemption can exist. What is the correct assessment?
- The speaker is right because direct hiring has no exceptions.
- Both cases are automatically compliant because offers exist.
- Only membership in a labor union determines compliance.
- The first worker must pay an unlicensed broker to become lawful.
- The blanket statement is wrong: lawful exemptions exist, but the second worker cannot presume compliance merely from having an offer.
Legal references
- 2023 DMW landbased Rules, Department Circular 01 s.2023, specified section: https://dmw.gov.ph/archives/v1/resources/dsms/DMW/ISN-EXT/2023/DMW-DC-01-2023.pdf — Part I Rule II item 6 and Section 126; Labor Code Articles 18,26,29,34–35, official DOLE text: https://dole.gov.ph/book-1-pre-employment/ — Article 18.
- RA 11641 Sections 4–6,10,19, DMW succession to POEA: https://lawphil.net/statutes/repacts/ra2021/ra_11641_2021.html
Answer this question in flashcards to review your response and continue practicing.