Practice question
A local recruitment agency refuses a lawful DOLE request for its placement records, arguing that private ownership excludes all Article 37 inspection. Which response is most accurate?
- Private ownership automatically excludes recruitment regulation
- Article 37 expressly permits inspection of covered entities’ records and prescribed reporting, subject to lawful implementation
- DOLE may inspect only entities that volunteer their records
- Only a local mayor has any recruitment inspection authority
- The records become exempt whenever the agency charges employers rather than workers
Legal references
- https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html — Labor Code, Articles 5, 36–38, regulatory, visitorial, and complaint powers, subject to current laws.
- https://lawphil.net/judjuris/juri1990/mar1990/gr_81510_1990.html — Salazar v. Achacoso, GR 81510, March 14, 1990, main decision; constitutional restriction on search and arrest warrants.
- https://lawphil.net/statutes/repacts/ra2021/ra_11641_2021.html — RA 11641, sections 4–6, transfer of overseas recruitment functions to DMW.
Answer this question in flashcards to review your response and continue practicing.