After reading “What is the nature of liability of the local recruitment agency and the foreign employer for claims of the OFW?”, read also “How is illegal recruitment committed?”
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The nature of liability of the local recruitment agency and foreign employer is solitary.
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This joint and solidary liability imposed by law against recruitment agencies and foreign employers is meant to assure the aggrieved worker of immediate and sufficient payment of what is due him.
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In case of a corporation or partnership, corporate officers and directors, or partners, shall be jointly and severally liable with the corporation or partnership.
The nature of liability of the local recruitment agency and foreign employer is solidary.
A solidary obligation is one in which each of the debtors is liable for the entire obligation, and each of the creditors is entitled to demand the satisfaction of the whole obligation from any or all of the debtors. (AFP Retirement and Separation Benefits System vs. Sanvictores, G.R. No. 207586, August 17, 2016)
Jurisprudence says:
This Court has, time and again, ruled that private employment agencies are held jointly and severally liable with the foreign-based employer for any violation of the recruitment agreement or contract of employment. This joint and solidary liability imposed by law against recruitment agencies and foreign employers is meant to assure the aggrieved worker of immediate and sufficient payment of what is due him. This is in line with the policy of the state to protect and alleviate the plight of the working class. (Santosa B. Datuman vs. First Cosmopolitan Manpower and Promotion Services, Inc., G.R. No. 156029, November 14, 2008)
The joint and several nature of the liability of the principal/foreign employer and the local recruitment/placement agency applies to any and all monetary claims arising out of the implementation of the employment contract involving Filipino workers for overseas deployment. (Section 10, R.A. No. 8042, as amended by Section 7, R.A. No. 10022)
This joint and several obligation must be incorporated in the contract for overseas employment and shall be a condition precedent for its approval. (Section 10, R.A. No. 8042, as amended by Section 7, R.A. No. 10022)
Who are liable in case of juridical persons? The law says:
In case of a corporation or partnership, a duly notarized undertaking by the corporate officers and directors, or partners, that they shall be jointly and severally liable with the corporation or partnership for claims and/or damages that may be awarded to the seafarers. (Section 4(g), Part II, Rule II, 2016 Revised POEA Rules and Regulations)
This liability shall continue during the entire period or duration of the employment contract and shall not be affected by any substitution, amendment, or modification made locally or in a foreign country of the said contract. (Section 10, R.A. No. 8042, as amended by Section 7, R.A. No. 10022)
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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