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All Jurisprudence based

0 tracked cards Labor and Social Legislation

A private recruitment agency based in Cebu City, Globallink Overseas, signs an overseas employment arrangement with a single applicant, Marco Dizon, to be deployed to a food company in the United Arab Emirates, Oceanic Foods Ltd. Globallink has never obtained a POEA license. It collects a PHP 70,000 processing and placement fee from Marco and signs the overseas employment contract with Oceanic Foods on Marco's behalf. Oceanic Foods later cancels the offer. Marco seeks restitution of the PHP 70,000 and damages. (a) Identify the controlling doctrine governing license or authority requirements for overseas employment under RA 8042. (b) Distinguish the consequences of recruiting without a license on (i) the validity of recruitment contracts, and (ii) the enforceability of the workers’ overseas employment. (c) Apply to the facts: Is Marco entitled to recover the PHP 70,000? Is Globalink criminally liable for illegal recruitment, and what is the likely liability of Oceanic Foods (the foreign employer) for knowingly engaging an unlicensed recruiter?

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The controlling doctrine is 'no license, no recruitment'; recruitment without a POEA license renders the recruitment contract void ab initio and the overseas employment contract unenforceable, and the worker may recover the fees paid; the recruitment agency is criminally liable for illegal recruitment; the foreign employer is liable if it knowingly engaged the unlicensed recruiter. Even if the foreign employer knowingly engages an unlicensed recruiter, it will not be criminally liable; liability lies only with the recruiter. Recovery of fees is limited to refunds of processing fees; any additional damages are excluded. The controlling doctrine is 'substantial compliance'; absence of license does not automatically void recruitment; the contract may be enforceable if the parties have substantially performed; the worker's recovery of fees is not guaranteed and may be limited to damages for breach of contract.

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