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to organize themselves;
Civil code
Special laws
Article 3 Declaration of policy
The state shall afford protection to labor, promote
full
employment,
ensure
equal
opportunities
employer-employee
TITLE 1
WORKERS
RECRUITMENT
AND
PLACEMENT
OF
POEA;
*the
same
section
10
also
states
that
any
compromise/amicable settlement or voluntary agreement
on money claims inclusive of damages under this section
shall be paid within 4months from the approval of the
settlement by the appropriate authority.
*section 10. Noncompliance with the mandatory periods for
resolutions of cases provided under this section shall be
subject the responsible officials to any or all of the ff.
penalties:
(a) The salary of any such official who fails to render
his decision or resolution within the prescribed
period shall be, or caused to be, withheld until the
said official complies therewith;
(b) Suspension for not more than 90 days; or
(c) Dismissal from service with disqualification to hold
any appointive public office for five years.
Provided, however, that the penalties herein provided
shall be without prejudice to any liability which any
such official may have incurred under other existing
laws or rules and regulations as a consequence of
violating the provision of this paragraph.
*seafarers are contractual employees. Their employment is
contractually fixed for a certain period.
*where the workers employment contract is terminated
before its agreed termination date, and the termination is
not shown to be based on lawful or valid grounds, the
employer will be ordered to pay the workers their salaries
corresponding to the unexpired portion of their employment
contract.
*under section 10 of R.A. 8042, a worker dismissed from
overseas employment without just, valid or authorized
cause as defined by law or contract is entitled to full
reimbursement of his placement fee with interest at 12%
per annum, plus his salary for the unexpired portion of his
employment contract. (Changed in Serrano v. Gallant)
*procedural due process requires that a seaman be given
written notice of the charges against him and afforded a
formal investigation where he can defend himself personally
or through a representative before he can be dismissed and
disembarked from the vessel.
*the employer is bound to furnish him two notices:
1. The written charge;
2. The written notice of dismissal.
*distinction must be made between perfection of
employment contract and commencement of employeremployee relationship.
*even before the start of any E-ER, contemporaneous with
the perfection of the employment contract was the birth of
certain rights and obligations, the breach of which may give
rise to a cause of action against the erring party.
*where the laws of the host country are more favorable and
beneficial to the workers, then the laws of the host country
shall form part of the overseas employment contract.
(Cadalin, et al. v. POEA, et al., G.R. No. 104775 12/5/94)
*it has been ruled that a foreign law, being a matter of
evidence, must be alleged and proved in order to be
recognized and applied in a particular controversy involving
conflict of laws. But this ruling is not meant to apply in
cases before administrative or quasi-judicial bodies. Wellsettled is the rule that administrative and quasi-judicial
bodies are not bound strictly by technical rules (Dumez Co.
v. NLRC and Elibane, G.R. No. 74495 7/11/96)
*for death of a seafarer to be compensable, the death must
occur during the term of his employment contract. It is the
only condition for compensability of a seafarers death.
Once it is established that the seafarer died during the
effectivity of his employment contract, the employer is
liable. (Coastal Safeway Marine Services, Inc. v. Delgado,
G.R. No. 168210, 6/17/2008)
the
employment
market
within
their
jurisdiction;
(e) To gather and analyze information on the
employment situation and its probable
trends, and to make such information
available to the DOLE and DFA; and
(f) To perform such other duties as may be
required of them from time to time.
*R.A. 8042 assigns four government agencies to promote
the welfare and protect the rights of migrant workers and,
as far as applicable, of all overseas Filipinos. They are the
DOLE, OWWA, POEA, and DFA.
DFA shall take priority action or make representation with
the foreign authority concerned to protect the rights of
migrant workers and other overseas Filipinos and extend
immediate assistance including the repatriation of
distressed or beleaguered migrant workers and other
overseas Filipinos.
*R.A. No. 8042 created the position of legal assistant for
migrant workers affairs under the DFA. Its primary
responsibility is to provide and coordinate all legal
assistance services to Filipinos in distress.
*the same law also establishes a migrant workers and
other overseas Filipino resource center in Philippine
embassies in countries where there are at least 20,000
workers. The resource center is envisioned to provide such
services as counseling and legal assistance, welfare
assistance, registration of undocumented workers, and
conciliation of disputes arising from employer-employee
relationship.
DOLE shall see to it that the labor and social welfare laws
in the foreign countries are fairly applied to migrant workers
and whenever applicable, to other overseas Filipinos
including the grant of legal assistance and referral to proper
medical centers or hospitals.
POEA shall regulate private sector participation in the
recruitment and overseas placement of workers by setting
up a licensing and registration system. It shall also
formulate and implement, in coordination with appropriate
entities concerned, when necessary, a system for promoting
and monitoring the overseas employment of Filipino workers
taking into consideration their welfare and the domestic
manpower requirements.
OWWA shall provide the Filipino migrant worker and his
family all the assistance they may need in the enforcement
of contractual obligations by agencies or entities and/or
their principals. In the performance of this function, it shall
make representation and may call on the agencies or
entities concerned to conferences or conciliation meetings
for the purpose of setting the complaints or problems
brought about to his attention.
*the Re-placement and Monitoring (RPM) Center is expected
to develop livelihood programs for the returning workers
and formulate a computer-based information system on
skilled Filipino migrant workers.
*OWWA was created under P.D. No. 1694 (May 1, 1980).
*OWWA even has a role in cases of repatriation of workers.
But the primary responsibility to repatriate workers,
including their remains and personal effects, belong to the
principal or agency that recruited or deployed the workers.
Being primarily responsible, the principal or agency has to
advance the plane fare and immediately repatriate the
worker, as needed, without determining the cause of
termination of employment.
*if termination is solely due to the fault of worker, principal
or agency may recover cost of repatriation from worker
after return to the country. The cause of termination will be
determined by the labor arbiter. Such responsibility should
be stipulated in every contract for overseas employment.
*if principal/agency does not comply with its obligations,
POEA shall notify OWWA to advance repatriation cost with