Labor Code · Recruitment and Placement of Workers · Chapter I – General Provisions
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.
R.A. No. 8042 is silent on this respect. The Boards referred to in this Article pertain to the defunct OEDB and the NSB. With the changes introduced by E.O. No. 797 as amended by E.O. No. 247, it now refers to the POEA. This article, however, should be read in relation to Secs. 29 and 30 of R.A. No. 8042 which provides for the formulation of the deregulation plan on recruitment activities and the gradual phase-out of regulatory functions of the POEA.
Text and numbering follow the Department of Labor and Employment's 2022 edition of Presidential Decree No. 442, as amended and renumbered under DOLE Department Advisory No. 01, series of 2015. Former article numbers are shown in brackets. Notes are DOLE's editorial notes. Amendments after that edition are not included. For information and research only, and not legal advice. For certified copies, refer to the Official Gazette or the issuing agency.