Locally or abroad whether for profit or not, provided that any person or entity which, in any manner, offers or promises for a fee employment of two or more persons shall be deemed engaged in recruitment and placement.
The number of persons dealt with is not an essential ingredient of the act of recruitment and placement of workers. The proviso merely creates a presumption. (People vs. Panis, GR No. L-58674-77, [142 SCRA664] July 11, 1986)
ELEMENTS of Engaging in Recruitment & Placement Activities
These Conditions MUST CONCUR:
The complainant had a DISTINCT IMPRESSION that the accused had the power to send the complainant abroad for work; and
The complainant was convinced to part with his money in order to be so employed.
File with the Adjudication Office or Regional Office of the POEA as the case may be
The POEA may motu proprio undertake disciplinary action against a worker
It shall establish a system of watching and blacklisting
Sec. 10, RA 8042 Jurisdiction transferred to LA of the NLRC
Claims arising out an EE-ER relationship or by virtue of any law or contract INVOLVING Filipino workers for overseas deployment including claims for actual, moral, exemplary and other forms of damages.
VENUE: Money claims or claims for damages should be filed before the RAB of the NLRC where the complainant resides or where the principal office of the respondent/employer is situated at the option of the complainant.
RULES (under Marsaman Manning Agency vs NLRC, August 25, 1999)
IF the contract of employment is BELOW ONE YEAR, the salaries for the ENTIRE UNEXPIRED PORTION of the contract shall be paid.
IF the contract of employment is ONE YEAR AND ABOVE, then the salaries for the ENTIRE UNEXPIRED PORTION OF THE CONTRACT OR THREE (3) MONTHS PAY FOR EVERY YEAR OF THE UNEXPIRED PORTION, WHICHEVER IS LESSER, SHALL BE PAID.
Signing satisfaction receipts is not a waiver. Any agreement to receive less compensation than what the worker is entitled to recover is INVALID. (MR Yard Crew Union vs PNR)
An agreement that diminishes the employee’s pay and benefits as contained in a POEA-approve contract is void, unless such subsequent agreement is approved by POEA (Chavez vs Bonto-Perez, March 1, 1995)
MINIMUM REQUIREMENTS or EMPLOYMENT CONDITIONS OF OVERSEAS EMPLOYMENT
Guaranteed wages for regular working hours and overtime pay
Free transportation from point of hire to site of employment and return
Free emergency medical and dental treatment and facilities
Just causes for termination of the services of the workers
Workmen ’s compensation benefits and war hazard protection
Repatriation of worker’s remains and properties in case of death
Assistance on remittance of workers salaries and allowances
Free and adequate board and lodging facilities or compensatory food allowance.
No employer may hire a Filipino worker for overseas employment except through the boards and entities authorized by the DOLE. Direct hiring by members of the diplomatic corps, international organizations, and such other employers as may be allowed by the DOLE is exempted from this provision.
Individual workers who are able to secure contracts for overseas employment on their own efforts and representations without assistance or participation of any agency. Their hiring nonetheless shall pass through the POEA for processing purposes
ART. 22, Mandatory Remittance of Foreign Exchange Earnings NATURE OF JOB FOREX REMITTANCE (% of Basic Salary) Seamen or mariners 80% Workers for Filipino contractors and construction companies 70% Professionals whose employment contracts provide for lodging facilities 70% Professionals without board and lodging 50% Domestic and other service workers 50%
Suspended or excluded from the list of eligible workers for overseas employment
Private employment agencies or entities shall face cancellation or revocation of their licenses or authority to recruit, without prejudice to other liabilities under existing laws (Sec. 9, EO 857, Dec. 13, 1982)