Practice question
After the original employment contract expires, a worker and foreign employer directly negotiate a genuinely new and separate contract without the local recruiter’s proved knowledge or consent. The only later message to the recruiter discusses old savings and says nothing about the new contract. The worker relies solely on reverse imputation of the employer’s knowledge to establish recruiter participation. Which is the sound Sunace analysis?
- The message necessarily proves consent to every future contract
- The employer’s signature automatically proves the recruiter’s assent
- The reverse-imputation argument fails; the message must be assessed for its actual content and does not necessarily prove consent
- No local recruiter can ever incur any overseas claim
- Every contractual substitution during an existing covered contract is valid
Legal references
- Sunace, G.R. 161757, January 25, 2006: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/40781
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