Philippine Bar review · Question

Practice question: Ban on Direct Hiring

Multiple Choice Easy

Practice question

What does Section 126 contemplate for processing workers exempted from the direct-hiring ban?
  1. No regulatory processing can ever apply.
  2. Only the worker’s own handwritten rules.
  3. Separate guidelines issued by the Department.
  4. Automatic exemption from every labor protection.
  5. An unrestricted license for the employer to recruit for others.

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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