Ban on direct-hiring for overseas employment

Summary

⦁ Employers, whether local or overseas, are prohibited from hiring Filipino workers for overseas employment.

⦁ There are exceptions.

⦁ If not falling under the exceptions, the employer has to contract with a duly licensed private employment agency for overseas employment.

1. Concept

The ban on direct-hiring for overseas employment is found in P.D. 442, otherwise known as the Labor Code of the Philippines:

ART. 18. Ban on 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.P.D. 442, Labor Code of the Philippines

To simplify, in terms of rules, and the provisions being restated for easier understanding:

General Rule: Employers, whether local or foreign, are prohibited from directly hiring Filipino workers for overseas employment.Exceptions:1) Members of the diplomatic corps;2) International organizations; and3) Such other employers as may be allowed by the Secretary of Labor.

Since the promulgation of the Labor Code in 1972, the above-cite legal provision has not been amended nor revised. Notwithstanding, this provision has been the subject of subsequent regulations issued by the Department of Labor and Employment (DOLE) and the Philippine Overseas Employment Admini...

 



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