- Labor Arbiter has jurisdiction of money claims must decide within 90 days from the filing of the complaint - if local employment - 30 days - 297 just, 298 - authorised - CAUSE - full reimbursement of placement fee + Full salary of the unexpired portion of the contract+ 12% interest per annum - Direct HIRING - bawal doctrine of imputed knowledge - Name HIRE - POEA contract still will look into - Placement fee- of afterwork through the effort of the licensee - ART 32 - Art 34 par 5 - Substitution of contract ( illegal recruitment) - Art 22 Mandatory remittance at the rate of 80% - seamen 70% - construction work 70% - professional 50 % - no board and logging - ART 26 - no engagement of placement of Travel and Agency - Citizenship requirement 75% Filipino, 25% Foreign - ( authorised and capital stock) - 2,000,000 recruitment agency - non- transferable license - Private License - authorised private employment agency - with charge ( recruit and placement) - Authority - Private recruitment entity - without charges -with effort ( can charge) - ART 34 - A-M ( if aliens manage, illegal recruitment, - Economic sabotage - Syndicated - ( non bailable , proof without reasonable doubt) - Large scale - ( 3 or more recruitment workers) - POEA may not issue warrant of arrest - Warrant of Arrest - President and Judge ( illegal alien , undesirable alien arrest) - Life imprisonment, maximum penalty 2-5 million - Simple - 5 yrs - Economic - 20 yrs - Venue - option of the complainant - other prohibited acts ( agency - more than 8% - 6- 12 yrs)
- Apprenticeship not more than 6 mo - 75 %
- Learner not more than 3 mo, illegal dismissal, expectation to be hired - 75% - Handicapped Art 78 and 79, do not discriminate disabled person - 20 % discount ,
BOOK 3 Govt employees, Managerial employees,
- Hours work - Compensabilty
OWWA - insurance
Social justice not a refuge to scoundrels
SEC 10 RA
RA - 0199
Article 45
Recruitment
Article 16- Engage in recruitment and placement
Art 93
12 regular holiday
Article 129 DOLE
* aggregate amount does not exceed 5000
* no reinstatement
RA 10361 Batas Kasambahay
DOLE having Jurisdiction of the kasamabahay regardless of amount