Question III, Labor Law, 2017 Bar Exam

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 D...