PHILIPPINE LAWS, STATUTES, CODES & ISSUANCES
PHILIPPINE LAWS, STATUTES AND CODES - CHAN ROBLES VIRTUAL LAW LIBRARY
REPUBLIC ACTS
REPUBLIC ACT NO. 856 - AN ACT TO
AMEND CERTAIN PROVISIONS OF THE PRIVATE EMPLOYMENT AGENCY LAW IN ORDER
TO GIVE ADDED PROTECTION TO APPLICANTS FOR EMPLOYMENT |
Section 1.
Section numbered eleven of Act Numbered Three thousand nine hundred
fifty-seven, whose short title is the Private Employment Agency Law, is
hereby amended to read as follows: "Section 11. In
order that any contract between the agent or recruiter and the
applicant for employment, work or a position may be valid, it shall be
written in a language or dialect known to the latter and shall be
executed before the public defender, or the clerk of Court of First
Instance, or justice of the peace who shall not charge any fee for his
services or for preparing the contract. It shall be the duty of the
public defender, or the clerk of court or the justice of the peace to
carefully explain to the contracting parties the scope and effects of
the contract, to satisfy himself regarding the correctness of any debt
or obligation set forth in such contract, including the fees of the
agent or recruiter, and to sign the contract, certifying in the
acknowledgment clause thereof that the provisions of this section have
been complied with. When it is specifically provided in the contract
that applicant for employment shall be employed outside the province
where he or she resides, it shall be further the duty of the public
defender, or the clerk of court, or the justice of the peace to observe
the following requirements: (1) to require the production of the birth
certificate of the applicant, or, in the event of the destruction of
the records thereof, an affidavit of the father or mother, or in their
default, the guardian or person in charge of the applicant, the same to
be sworn to before the justice of the peace of the birthplace of the
applicant certifying the latter's age except when it appears evident
from the physical appearance of the applicant that he or she is already
of age, (2) if the applicant be a minor, no contract shall be executed
without the written consent of the applicant's father or mother, or in
their default, the guardian or person in charge who shall appear before
the public defender, or the clerk of court or the justice of the peace
to express their consent, and (3) if the applicant be a female person
below fourteen years of age, no contract shall be executed. Any failure
to comply with these obligations shall render the public defender, or
the clerk of court, or the justice of the peace liable to the penalties
imposed in section numbered twenty-one of this Act."
Sec. 2. Paragraph (e) of section numbered twenty of the said Act is hereby amended to read as follows: "Sec. 20. It
shall be unlawful for any licensee:
xxx xxx xxx "(e) To recruit for employment, offer employment to, enter into any contract to secure employment for, or assist in the admission as employee, servant or laborer of, any female person below fourteen years of age in any case, or any minor without the written consent of the minor's father or mother, in their default, the guardian or person in charge." Sec. 3. Section numbered twenty-one of the said Act is hereby amended to read as follows: "Sec. 21.
Any violation of the provisions of this Act shall be punished by a fine
of not less than one hundred pesos nor more than five hundred pesos and
by imprisonment for not less than one month nor more than six months,
or both, in the discretion of the court: Provided, That in the case of
the violation of subsections (e) and (f) of the next preceding section,
the penalty shall be imprisonment for not less than six months nor more
than six years: Provided, further, That the court may in its discretion
impose the additional penalty of removal from office, if the violator
is the public defender, or the clerk of court, or the justice of the
peace or of permanent disqualification from obtaining any license, if
the violator is an agent or recruiter."
Sec. 4. This Act shall take effect upon its approval. Approved: June 16, 1953 |
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