Question 3, 2017 Labor Law Bar Exam

III.

(Question III, Labor Law, 2017 Bar Exam)

A.

Andrew Manning Agency (AMA) recruited Feliciano for employment by lnvictus Shipping, its foreign principal. Meantime, AMA and lnvictus Shipping terminated their agency agreement. Upon his repatriation following his premature termination, Feliciano claimed from AMA and lnvictus Shipping the payment of his salaries and benefits for the unserved portion of the contract. AMA denied liability on the ground that it no longer had an agency agreement with lnvictus Shipping. Is AMA correct? Explain your answer. (3%)

B.

As a rule, direct hiring of migrant workers is not allowed. What are the exceptions? Explain your answer. (2.5%)

C.

Phil, a resident alien, sought employment in the Philippines. The employer, noticing that Phil was a foreigner, demanded that he first secures an employment permit from the DOLE. Is the employer correct? Explain your answer. (2.5%)

Suggested Answer:

A. No. Answer

Under the implementing rules and regulations of R.A. 8042, the liability of the principal/employer and the recruitment/placement agency for any and all claims under this section shall be joint and several. Rule

In the case at bar, AMA recruited Feliciano who was eventually employed by Invictus Shipping. The termination of the agency agreement between AMA and the Invictus Shipping does not affect the solidary liability of AMA for any claims to Feliciano who was prematurely terminated. Apply

Thus, AMA is not correct. Conclusion

B. The exceptions are:

1) Members of Diplomatic Corps

2) International Organizations

3) Heads of State and Government Officials w/ rank of at least deputy minister

4) Other employers allowed by the POEA, which include:

(a) those lesser rank in Nos. 1, 2, and 3, if endorsed by the POLO, or Head of Mission in the absence of POLO;

(b) professionals and skilled workers w/ duly executed/authenticated contracts w/ terms above POEA standards (limitation: 5 OFWs only for first-time hire by employer; workers hired as a group is counted as 1); and

(c) workers hired by a relative/family member who is a permanent resident of the host country.

C. Yes. Answer

Under the Labor Code, any alien seeking admission to the Philippines for employment purposes and any domestic or foreign employer who desires to engage an alien for employment in the Philippines shall obtain an alien employment permit (AEP) from the DOLE. Rule

In the case at bar, Phil as a resident alien has to secure an AEP from the DOLE prior to obtaining employment in the Philippines. Since he does not have an AEP, the employer may demand that he first obtains an AEP. Apply

Thus, the employer was correct. Conclusion

..

(Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)

Related

System-based bar exam review mentoring program to improve your bar exam preparation

© 2022 BARMENTOR.PH. All Rights Reserved.

error: Content is protected.