Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 850)
"Worker" means any member of the labor force, whether employed or unemployed under Presidential Decree No. 850.
Recruitment and placement refers to any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers, including referrals, contract services, promising or advertising for employment, locally or abroad, whether for profit or not.
No. Private fee-charging employment agencies must have a license issued by the Department of Labor to operate. The issuance of new licenses was phased out after the effectivity of the Code.
The National Seamen Board has original and exclusive jurisdiction over all matters or cases, including money claims, involving employer-employee relations concerning Filipino seamen for overseas employment.
No employer may directly hire a Filipino for overseas employment except through the Overseas Employment Development Board, with certain exemptions such as members of the diplomatic corps and international organizations.
Upon conviction, the licensee or authority holder shall suffer imprisonment of not less than two years nor more than five years or a fine of not less than P10,000 nor more than P50,000, or both at the court's discretion.
The normal hours of work of any employee shall not exceed eight hours a day.
Every employee shall be paid a night shift differential of no less than ten percent of his regular wage for each hour of work performed between 10 PM and 6 AM.
They may at any time inspect premises, books of accounts, and records of any person or entity covered by this Title, require submission of reports, and act on violations of any provision of the Title.
The Board is composed of the Secretary of Labor as Chairman, the Undersecretary of Labor as Vice-Chairman, and representatives from the Department of Foreign Affairs, the Central Bank, the Department of Education and Culture, the National Manpower and Youth Council, a workers' organization, and an employers' organization.