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The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
The ban on direct hiring prohibits employers from hiring Filipino workers for overseas employment except through the Boards and authorized entities. However, exceptions include members of the diplomatic corps, international organizations, employers approved by the Secretary of Labor, and name hires
What does the law say about direct hiring?
No employer may hire a Filipino worker for overseas employment except through the Boards and entities authorized by the Secretary of Labor. Direct-hiring by members of the diplomatic corps, international organizations and such other employers as may be allowed by the Secretary of Labor is exempted from this provision. (Article 18 of the Labor Code)
As a general rule, employers are prohibited from directly hiring Filipino workers for overseas employment.
By way of exception, the following are not covered by the ban on direct hiring:
- Members of the diplomatic corps;
- International organizations;
- Such other employers as may be allowed by the Secretary of Labor; and
- Name hires.
Who are name hires?
Name hires are workers who are able to secure overseas employment opportunities with employers without the assistance or participation of any agency. (Rule II, 6 (c), 2023 DMW Rules and Regulations Governing the Recruitment and Employment of Landbased Overseas Filipino Workers)
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.
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