LABOR LAW

Who has jurisdiction over claims for death and other benefits of OFWs?

• LOCAL AGENCY

• PRIVATE AGENCY

• DEPARTMENT OF LABOR AND RELATION

• LABOR ARBITERS

Which has jurisdiction over disciplinary action cases of OFWs?

• POEA

• DOLE

• SECRETARY OF LABOR

• LABOR CODE

Is direct-hiring of OFWs allowed?

• NO. Employers cannot directly hire workers for overseas employment except through authorized entities

• YES. Employers can directly hire workers for overseas employment even without authorized entities

When is illegal recruitment considered economic sabotage?

• By a syndicate - if carried out by a group of 3 or more persons conspiring and confederating with one another;

  
  

  In large scale - if committed against 3 or more persons individually or as a group.

• By a private recruitment agency - if carried out by a group of 3 or more persons conspiring and confederating with one another;

  
  

  In medium scale - if committed against 6 or more persons individually or as a group.

What is the prescriptive period of illegal recruitment cases?

• five (5) years except illegal recruitment involving economic sabotage which prescribes in twenty (20) years

• ten (10) years except illegal recruitment involving economic sabotage which prescribes in twenty five (25) years

It means any training on the job supplemented by related theoretical instruction involving apprenticeable occupations and trades as may be approved by the Secretary of Labor and Employment.

• on-the-job training

• Learners

• Apprenticeship

• Job instruction

A person hired as a trainee in industrial occupations which are non-apprenticeable and which may be learned through practical training on the job for a period not exceeding three (3) months, whether or not such practical training is supplemented by theoretical instructions.

• Apprentice

• Learners

• Handicapped Worker

• on-the-job trainee

The following are the pre-requisites before learners may be hired except:

• when no experienced workers are available

• the employment of learners is necessary to prevent curtailment of employment opportunities

• be at least fifteen (15) years of age, provided those who are at least fifteen (15) years of age but less than eighteen (18) may be eligible for hazardous occupation

• the employment does not create unfair competition in terms of labor costs or impair or lower working standards.

The following are the qualifications of an apprentice except:

• must be high skilled and already undergone training for 6 months

• be at least fifteen (15) years of age, provided those who are at least fifteen (15) years of age but less than eighteen (18) may be eligible for apprenticeship only in non-hazardous occupation

• be physically fit for the occupation in which he desires to be trained

• possess the ability to comprehend and follow oral and written instructions.

A “handicapped worker” is one whose earning capacity is impaired by the following except:

• Injury

• Work deficiency

• Physical deficiency

• Mental deficiency