Philippine Bar review · Question

Practice question: Prohibited Practices

Multiple Choice Hard

Practice question

A recruitment agency deducts the compulsory worker’s insurance premium from an OFW’s salary, calling it an administrative reimbursement. Which is sound?
  1. Every administrative label authorizes deduction.
  2. Renaming the charge does not avoid the express prohibition on passing on or deducting those insurance costs.
  3. The worker must always bear the premium.
  4. Only cash collection is prohibited, never salary deduction.
  5. A contract automatically overrides the statutory prohibition.

Legal references

  • RA 8042 Section 6 as amended by RA 10022 Section 5: https://lawphil.net/statutes/repacts/ra2010/ra_10022_2010.html
  • 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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