MEDICAL, DENTAL AND OCCUPATIONAL SAFETY

1. what is employees compensation act?

2. does labor code provide for the establishment of employees compensation progr
am?
-insurance fund gets its contribution from the employers.
3. requisites in order to avail of wca.
4. what agency administers this program?
-administering agency is SSS
-if denied by SSS, you go to ECC
-employers are obliged to maintain a logbook, pertaining to details on injuries,
disabilities, and deaths of employees
5. injury is suffered in workplace and it is work related, what is the extent of
state insurance fund?
-Art. 173 LC
-liability of the State Insurance Fund under this Title shall be exclusive and i
n place of all other liabilities of the employer to the employee
-provided, employer should make his contributions
-employee may still be entitled to other benefits under SSS
6. what are grounds to deny a claim?
-art. 172
7. what are choice of remedies of the employee?
-rule against double recovery: under Compensation Law OR Civil Code; employee ca
nnot pursue both actions simultaneously; principle of fair play is applied
MIGRANT WORKERS
1. is it the policy of the state to promote overseas employment?
-no. RA 8042, Sec. 2(c)
2. what are agencies of goverment involved?
-RA 8042, Sec. 23
3. define OFW.
-RA 8042, Sec. 3(a)
4. remedy of OFW in case of unpaid wages?
-RA 8042, Sec. 10.
-file money claim to Arbitration Branch of NLRC
-decision is appealable to NLRC
5. where?
-either Labor Arbitration Branch having jurisdiction over the OFW's residence OR
principal office of the principal, at the option of OFW
6. isn't jurisdiction vested with POEA?
-no, it is now transferred to Labor Arbitration Branch of NLRC
7. can illegal recruitment be committed only against 1 person?
-yes. "two or more" is only a presumption

8. when is an illegal recruitment committed by a syndicate? large scale?

-syndicate - if carried out by a group of 3 or more persons conspiring/confedera
ting with one another
-large scale - committed against 3 or more persons individually/as a group?
9. difference?
-penalty imposed
10. what is authority? license?
-authority -IRR Sec. 1(b)
-license - IRR Sec. 1(w)
11. enumeration of acts of illegal recruitment? (read)
-RA 8042, Sec. 6
12. citizenship requirement?
-Art. 27 LC
-but a non-filipino cannot head or manage a licensed recruitment/agency
13. what
-Art. 28
-in case
-reason:

is the purpose of the capitalization requirement?

LC.
of single pro - P200,000; corporation - P500,000
to assure protection to OFW's who are subject to placement

14. prohibited practices. (read)

-Art. 34 LC
15. rule on ban on direct hiring.
-employee should go through POEA
-to afford protection to the migrant workers; establishment of data bank; to ens
ure that government is not sending criminals to other countries
16. who are exempted to the rule of the ban on direct hiring?
-IRR, Sec. 1(i); ex: red cross
-Art. 18 LC
-there is no penalty, but the government cannot monitor you
17. what is the role of DOLE?
-RA 8042, Sec. 23(b)
18. are travel agencies allowed to recruit?
-no. they are not under DOLE, but under DOT
-government's experience with government agencies is that recruits of travel age
ncies end up with no jobs, worst, victims of illegal recruiters
19. role of LGU.
-primary responsible for the disseminating informationto their constituents
20. what is a name hire?
-IRR Sec. 1(i.3)
21. what is gender sensitivity?
-RA 8042 Sec. 3 (b); IRR Sec. 1(q)
22. give a provision in the law relating to gender sensitivity.
23. what remedy does the OFW has in case of termination of overseas employment w
ithout just cause?
-RA 8042, Sec. 10 (5th par.)
-case which invalidates "whichever is less" is on a date earlier than RA 10022

-serano - 2009, RA10022 - 2010

-question is can congress pass a law which was declared unconstitutional by SC?