HRDM 2 Reviewer

HRDM 2 REVIEWER ( This concept, however, should not apply where the
pertinent
provisions of the Labor Code leave no room for doubt

PRE-EMPLOYMENT
either in their interpretation or application.
Art. 12. Statement of objectives.
SUGGESTED ANSWER
It is the policy of the State:
The NLRC is correct, Article 4 of the labor code which
a. To promote and maintain a state of full employment calls for the interpretation of labor laws and the
through improved manpower training, allocation and implementing rules and regulations applies only if there
utilization is doubt as to their implementation and interpretation.
The legality or illegality of the dismissal of an employee
b. To protect every citizen desiring to work locally or hinges on whether or not there is just or authorized
overseas by securing for him the best possible terms cause and the observance of due process. The ground
and conditions of employment; relied upon by the employer in dismissing the employee
c. To facilitate a free choice of available employment by was serious misconduct for the alleged stealing of the
persons seeking work in conformity with the national employers property, a just cause for dismissal provided
interest; by article 282 of the labor code.
d. To facilitate and regulate the movement of workers in The issue of whether or not X stole Y’s wristwatcher is a
conformity with the national interest; matter of evidence in a criminal case which is beyond
the scope of article of the labor code.
e. To regulate the employment of aliens, including the
establishment of a registration and/or work permit
system; ARTICLE 4- CONSTRUCTION IN FAVOR OF LABOR
f. To strengthen the network of public employment All doubts in the implementation and interpretation of
offices and rationalize the participation of the private the provisions of this code, including its implementing
sector in the recruitment and placement of workers, rules and regulations, shall be resolved in favor of labor.
locally and overseas, to serve national development
objectives;
g. To insure careful selection of Filipino workers for Private recruitment- Except as provided in Chapter II of
overseas employment in order to protect the good this Title, no person or entity other than the public
name of the Philippines abroad. employment offices, shall engage in the recruitment and
placement of workers.
Worker-means any member of the labor force, whether

What is the concept of liberal approach in interpreting employed or unemployed.
the Labor Code and its Implementing Rules and
Regulations in favor of labor? Recruitment and placement- refers to any act of
canvassing, enlisting, contracting, transporting, utilizing,
This concept of liberal approach is enshrined both in the hiring or procuring workers, and includes referrals,
Labor Code and the Civil Code. More specifically, the contract services, promising or advertising for
Labor Code declares that all doubts in the employment, locally or abroad, whether for profit or
implementation and interpretation of the provisions of not: Provided, That any person or entity which, in any
the Code, including its implementing rules and manner, offers or promises for a fee, employment to
regulations, shall be resolved in favor of labor. The Civil two or more persons shall be deemed engaged in
Code likewise pronounces that “in case of doubt, all recruitment and placement.
labor legislation and all labor contracts shall be
construed in favor of the safety and decent living for the Private fee-charging employment agency- means any
laborer.” (See Article 4, Labor Code; Article 1702, Civil person or entity engaged in recruitment and placement
Code).
of workers for a fee which is charged, directly or 2 KINDS PROCESS OF LAW
indirectly, from the workers or employers or both.
1. Procedural
License- means a document issued by the Department 2. Substantive
of Labor authorizing a person or entity to operate a
ARTICLE 16 OF THE GENERAL RULE
private employment agency.
As a general rule no person or entity shall engaged in
Private recruitment entity- means any person or
the recruitment and placement of workers either for
association engaged in the recruitment and placement
local or overseas employment except those allowed by
of workers, locally or overseas, without charging,
law like
directly or indirectly, any fee from the workers or
employers. 1. Public employment offices
2. Private recruitment entities
Authority- means a document issued by the
3. Private employment agencies
Department of Labor authorizing a person or association
4. Shipping or manning agencies
to engage in recruitment and placement activities as a
5. POEA
private recruitment entity.
6. Constructions, contractor if authorized by dole
Seaman- means any person employed in a vessel and constructions industry authority
engaged in maritime navigation. 7. Members of the diplomatic corps but must thru
POEA
Overseas employment- means employment of a
8. Other persons or entities authorized by dole
worker outside the Philippines.
JUST CAUSE- It was favor because of Article 1703
Emigrant- means any person, worker or otherwise, who
emigrates to a foreign country by virtue of an immigrant NLRC- National Labor Relations Commission
visa or resident permit or its equivalent in the country of
- Labor arbitrer
destination.
- Reversed (not cover of article 1702)
IRR- Implementing Rules and regulations

Article 14. Employment promotion.
- Only after due processed of law
The Secretary of Labor shall have the power and - Opputunity to be hearred
authority: - Only after trial and judgement
(a) To organize and establish new employment offices in

addition to the existing employment offices under the
Department of Labor as the need arises;
(b) To organize and establish a nationwide job clearance

and information system to inform applicants registering
with a particular employment office of job opportunities
in other parts of the country as well as job opportunities
abroad;
(c) To develop and organize a program that will facilitate

occupational, industrial and geographical mobility of
labor and provide assistance in the relocation of workers
from one area to another; and
(d) To require any person, establishment, organization or

institution to submit such employment information as
may be prescribed by the Secretary of Labor.

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HRDM 2 REVIEWER ( This concept, however, should not apply where the

provisions of the Labor Code leave no room for doubt

Worker-means any member of the labor force, whether

IRR- Implementing Rules and regulations

(a) To organize and establish new employment offices in

(b) To organize and establish a nationwide job clearance

(c) To develop and organize a program that will facilitate

(d) To require any person, establishment, organization or

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