Philippine Bar review · Question

Practice question: Ban on Direct Hiring

Multiple Choice Easy

Practice question

Which statement best expresses the general rule on direct hiring for landbased overseas employment?
  1. Every direct hire is automatically lawful.
  2. No employer may directly hire an OFW unless exempted by law or a DMW issuance.
  3. Direct hiring is lawful whenever no fee is charged.
  4. Every job found online is exempt.
  5. A private contract abolishes all deployment regulation.

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

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