Legal Aspects of

Management
I. The Hiring Process
• What kinds of Jobs do we fill?

• Job Description

• Want Ads

• On-line Recruitment & Job Fairs

III. The Hiring
Process
What kind of jobs do we fill?
• Determine the need for a new or replacement
position.
 
• Think creatively about how to accomplish the
work without adding staff (improve processes,
eliminate work you don’t need to do, divide
work differently, etc.).
 
• Hold a recruiting planning meeting with the
recruiter, the HR leader, the hiring manager,
and, potentially, a coworker or internal
customer.
 
• Develop and prioritize the key requirements
needed from the position and the special
qualifications, traits, characteristics, and
experience you seek in a candidate.
 
• Candidate employees can be from the local or
international pool.
 THE
LABOR CODE
OF THE
PHILIPPINES

PRESIDENTIAL DECREE NO.

442,
 BOOK ONE
PRE-EMPLOYMENT

ART. 12. Statement of objectives. - It is the policy of the

State:
a) To promote and maintain a state of full employment
through improved manpower training, allocation and
utilization;
b) To protect every citizen desiring to work locally or
overseas by securing for him the best possible terms and
conditions of employment;
c) To facilitate a free choice of available employment by
persons seeking work in conformity with the national
interest;
d) To facilitate and regulate the movement of workers in
conformity with the national interest;
e) To regulate the employment of aliens, including the
establishment of a registration and/or work permit
system;
f) To strengthen the network of public employment offices
and rationalize the participation of the private sector in
 Title I
RECRUITMENT AND PLACEMENT OF
WORKERS
Chapter I
GENERAL PROVISIONS
 
ART. 13. Definitions. 
ART. 14. Employment promotion.
ART. 15. Bureau of Employment Services.
ART. 16. Private recruitment.
ART. 17. Overseas Employment Development Board. 
ART. 18. Ban on direct-hiring. 
ART. 19. Office of Emigrant Affairs. 
ART. 20. National Seamen Board. 
ART. 21. Foreign service role and participation.
ART. 22. Mandatory remittance of foreign exchange
earnings.
ART. 23. Composition of the Boards.
ART. 24. Boards to issue rules and collect fees.
Chapter II
REGULATION OF RECRUITMENT AND
PLACEMENT ACTIVITIES
ART. 25. Private sector participation in the recruitment
and placement of workers.
ART. 26. Travel agencies prohibited to recruit.
ART. 27. Citizenship requirement.
ART. 28. Capitalization.
ART. 29. Non-transferability of license or authority.
ART. 30. Registration fees.
ART. 31. Bonds.
ART. 32. Fees to be paid by workers.
ART. 33. Reports on employment status.
ART. 34. Prohibited practices.
ART. 35. Suspension and/or cancellation of license or
authority.
Chapter III
MISCELLANEOUS PROVISIONS

ART. 36. Regulatory power.

ART. 37. Visitorial Power.

ART. 38. Illegal recruitment.

ART. 39. Penalties. 
Title II
EMPLOYMENT OF NON-RESIDENT
ALIENS

ART. 40. Employment permit of non-resident aliens. 

ART. 41. Prohibition against transfer of

employment. 

ART. 42. Submission of list. 

• *This and other articles in this Title
should be correlated with the R.A. No.
8042 (approved on June 7, 1995) or the
“Migrant Workers and Overseas
Filipinos Act.” It redefines the policy of
overseas employment and establishes a
higher standard of protection and
promotion of the welfare of migrant
workers, their families, and of overseas
Filipinos in distress. It declares that the
State does not promote overseas
employment as a means to sustain
economic growth and national
development. It conveys, instead, the
Sate shall continuously create local
employment opportunities and promote
Job Description
 A Job Description should include a:

• Job Title

• Job Objective or Overall Purpose

Statement 

• List of Duties or Tasks

Performed 

• Description of the Relationships

When using Job Descriptions for recruiting situations, you
may also want to attach the following:

• Job Specifications, Standards and Requirements

• Job Location 
• Equipment to be used in the performance of the
job. 
• Collective Bargaining Agreements 
• Non-Essential Functions 
• Salary Range 
• Structure your sentences in classic verb/object
and explanatory phrases.
• Always use the present tense of verbs
• If necessary, use explanatory phrases telling
why, how, where or how often to add meaning
and clarity. 
• Omit any unnecessary articles such as "a", "an",
"the" or other words for an easy to understand,
to the point description.
• Use un-biased terminology. 
• Avoid using words which are subject to differing
Want Ads
• Post the position internally on the "Job Opportunities”
bulletin board for one week. If you anticipate difficulty
finding a qualified internal candidate for the position, state
in the posting that you are advertising the position
externally at the same time.
• Send an all-company email to notify staff that a position has
been posted and that you are hiring employees.
• All staff members should encourage talented, qualified,
diverse internal candidates to apply for the position.
• If no qualified internal candidates apply, extend the search
to external candidates, if you didn't advertise the position
simultaneously.
• Spread word-of-mouth information about the position
availability in your industry and to each employee’s
network of friends and associates.
• Place a classified ad in newspapers with a delivery reach
that will create a diverse candidate pool.
• Talk to university career centers.
• Contact temporary help agencies.
• Brainstorm other potential ways to locate a well qualified
pool of candidates for each position.
• Through your recruiting efforts, develop a pool of
candidates. Whether you have developed a candidate pool
in advance of the job opening or you are searching from
On-line Recruitment & Job
Fairs
 
Use the Web for Recruiting: Recruit Online
 
Your Website Can Recruit
 
• Use Your Website for Recruiting
 
• Use Professional Association Websites for Recruiting
 
• Use College and University Alumni and Career Services
Websites for Recruiting
 
• Post Positions on Local and National Low-cost and No-cost
Private and Public Sector Websites

• Post Your Classified Ads on Newspaper-related Websites.

 
• Pay to Post Recruiting Ads on Commercial Websites
  Websites such as Monster.com and Yahoo Hot Jobs attract large
national and international audiences. In a recent search for a Chief
Financial Officer (CFO), posted at Monster.com, we received over
150 applications. In fact, one of our finalists for the position would
never have found us except for our online job posting.
 
• The Most Important Use of the Web for Recruiting
JOB FAIR
 
• A job fair is also referred commonly as
a career fair or career expo.
 
• It is a fair or exposition for employers, recruiters
and schools to meet with prospective job
seekers.
 
• Expos usually include company
or organization tables or booths
where resumes can be collected and business
cards can be exchanged.
 
• In the college setting, job fairs are commonly
used for entry level job recruiting.
 
• Often sponsored by career centers, job
Electronic job fairs offer the same convenience
online.

• An electronic job fair is very similar to a

traditional job fair.
• They are places for employers and job seekers
to meet, one-on-one, to discuss
employment opportunities the attending
employers may have for the attending job
seekers. The difference with an electronic job
fair is that the employers and job seekers meet
each other one-on-one by logging on to
a website that hosts the electronic job fair. Like
a traditional job fair, electronic job fairs are held
on specific days during specific hours.
• Unlike a “virtual” job fair, these events are live
and fully interactive. 
• A relatively new concept, there are several
companies who offer these fairs. The most
notable one is eJobFairs.net. eJobFairs.net has
Here is a general overview:

• I saw the job on JobStreet and uploaded my

resume
• IHG called me for an initial intervew and
exam
• I went and took the exam and interview and
they said they would call me back
• IHG called me back and said that the
Manager would call me on my phone for an
interview
• Craig (the Manager) called me on my phone
• IHG called me again an asked me to look at
the job offer at their office
• I signed the job offer and took steps to
secure my pre-employment requirements
(medical exam, government