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Philippine Bar review · Question

Practice question: Employment Agency vs. Recruitment Entity

Multiple Choice Hard

Practice question

A company recruits land-based workers for foreign employers. It collects no money from applicants but invoices each employer for successful placements. It argues that this makes it a no-fee recruitment entity and that a municipal business permit alone replaces DMW licensing. Which is best?
  1. Both claims follow automatically from free services to applicants
  2. Only the company’s chosen description controls
  3. Any employer payment automatically prohibits all recruitment forever
  4. Employer-paid recruitment fees matter to the Code classification, and land-based overseas agency licensing is governed by the DMW framework
  5. A municipal business permit is identical to every national recruitment license

Legal references

  • Labor Code, Article 13(c); RA11641, Section 3(d) and (h): https://lawphil.net/statutes/repacts/ra2021/ra_11641_2021.html
  • Labor Code, Article 13(c): https://dole.gov.ph/book-1-pre-employment/

Answer this question in flashcards to review your response and continue practicing.