Philippine Bar review · Question

Practice question: Employment Agency vs. Recruitment Entity

Multiple Choice Hard

Practice question

A land-based overseas placement organization states that charitable incorporation, its absence of worker-paid fees and a local office permit conclusively establish national recruitment authority. Its directors refuse to examine whether the organization charges employers or holds the required DMW permission. Which response is sound?
  1. Charitable incorporation automatically grants recruitment authority
  2. A local permit eliminates every national requirement
  3. Employer charges are irrelevant to agency classification
  4. No organization may ever recruit even with permission
  5. Examine the actual fee arrangements and required DMW authorization; labels and a local business permit do not answer those separate questions

Legal references

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

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