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Past Exams

Quiz-No-2-Labor-ED

Quiz on labor law and overseas employment, covering recruitment regulations, illegal recruitment, and POEA guidelines. Ideal for students or professionals reviewing legal principles on migrant worker protections and placement practices.

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    1. Wonder Travel and Tours Agency (WTTA) is a well-known travel agency and an authorized sales agent of the Philippine Air Lines. Since majority of its passengers are overseas workers, WTTA applied for a license for recruitment and placement activities. It stated in its application that its purpose is not for profit but to help Filipinos find employment abroad. Should the application be approved? Ans. No, the WTTA's application for a license for recruitment and placement activities should not be approved because the law prohibits the travel agencies and sales agencies of airline companies from engaging in the business of recruitment and placement of employees to employment abroad, whether for profit or not. 2. Asa rule, direct hiring of migrant workers is not allowed. What are theexceptions? Explain your answer. Ans. The exemptions are International Organization, name hires, member of the diplomatic organizations and other employers as may be allowed by DOLE. The purpose of the direct hiring ban exemptions is to balance the need to protect OFWs from exploitation and the need to provide accommodations in certain circumstances when direct hiring is necessary or beneficial. 3. The accused X and Y represented themselves to complainants A and B to have the capacity to send workers abroad, although they did not have any authority or license. It is by this representation that they induced complainants to pay a placement fee. X and Y may also be liable for .? Ans. X and Y may be liable for illegal recruitment because there is an act of promising that they have the capacity or the ability to send workers abroad and their actions directly violate the law by engaging in recruitment activities without the authority or license. They also induced the complainants to pay placement fee based on false representation. 4. A was approached for possible overseas deployment to Dubai by X, aninterviewer of job applicants for Alpha Personnel Services, Inc., an overseas recruitment agency. X required A to submit certain documents (passport, NBI clearance, medical certificate) and to pay P25,000 as processing fee. Upon payment of the said amount to the agency cashier, A was advised to wait for his visa. After five months, A visited the office of Alpha Personnel Services,Inc. during which X told him that he could no longer be deployed for employment abroad. A was informed by the Philippine Overseas Employment Administration (POEA) that while Alpha Personnel Services, Inc. was alice used agency, X was not registered as its employee, contrary to POEA Rules and Regulations. Under POEA Rules and Regulations, the obligation to register personnel with the POEA belongs to the officers of a recruitment agency.May X be held criminally liable for illegal recruitment? Explain. (2%) Ans. Yes, X may be held criminally liable for illegal recruitment because X actions engaging in recruitment activities without appropriate government authority and

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