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All Jurisprudence based

0 tracked cards Labor and Social Legislation

Under a bilateral government-to-government agreement between the Philippines and Spain, the Spanish government directly hires Filipino teachers to work in Spain’s public schools. The teachers sign contracts directly with the Spanish government; there is no involvement of a POEA-licensed recruitment agency or any Philippine intermediary.

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Permissible; but the workers must first secure a work visa issued by the Spanish government; RA 8042 applies to all direct hiring. Permissible under a government-to-government arrangement; recruitment and placement are performed directly by the Spanish government; the Ban on Direct Hiring and RA 8042 do not apply to this G2G setup; remedies are governed by the G2G agreement. Permissible; the Philippines must certify that terms comply with Philippine labor standards before departure; RA 8042 imposes no penalties in G2G cases. Not permissible; direct government recruitment violates RA 8042; penalties may include fines and imprisonment for the foreign government and any Philippine party; remedies include repatriation and compensation.

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