Illegal Recruitment (Philippine Setting)

ILLEGAL

RECRUITMENT
Prepared By: amatif_zbad
(Based To Atty. Alejandre T. Diaz, Director II)

WHAT IS RECRUITMENT AND PLACEMENT?
 Under



New Labor Code, (PD 422)
Any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring of workers which includes referrals, contract services, promising or advertising for employment, locally or abroad, whether for profit or not. Any person or entity which in any manner, offers or promises, for a fee, employment to at least one person, shall be deemed engaged in recruitment and placement.

WHAT IS ILLEGAL RECRUITMENT?
 It

shall mean as any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring of workers which includes referring, contract services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a NONLICENSE OR NON-HOLDER OF
AUTHORITY.

 Under

Article 13 of PD No. 442, that any such non-license or non-holder who, in any manner, offers or promises for a fee employment abroad for two or more persons shall be deemed so engaged. It shall likewise include the following acts, whether committed by any person, whether a non-license, nonholder, licensee or holder of authority:
A. Excessive Collection of placement fee
B. Misrepresentation in relation to recruitment of employment
C. Misrepresentation for purposes of securing a license or authority under the Labor
Code

D. Inducement of a worker to quit his present employment for another unless the transfer liberates a worker from oppressive terms and conditions of employment. E. Influencing or attempting to influence any person or entity not to employ any worker who has not applied employment through his agency.
F. Engagement in recruitment or placement of workers in jobs harmful to public health or morality or to the dignity of the Republic of the Philippines.
G. Obstruction of inspection by the Secretary of Labor and Employment or by his duly authorized representative. H. Failure to submit reports required by the Secretary of
Labor and Employment
I. Contract-substitution

J. For an officer or agent of a recruitment or placement agency to engage in the business of travel agency or in the management thereof.
K. Withholding or denying worker’s travel documents before departure for monetary or financial consideration other than those authorized under the Labor Code and its implementing rules and regulations.
L. Failure to actually deploy workers without valid reasons
M. Failure to reimburse worker for processing and documentary expenses, in cases where deployment does not take without the worker’s fault. WHAT ARE THE CLASSIFICATIONS OF IR?
Simple IR – involves less than three (3) victims or recruiters.  IR involving economic sabotage:
 Large Scale – committed against three (3) or more persons individually or as a group
 Syndicated – committed by a group of three (3) or more persons conspiring or confederating with one another.


WHAT

IS

THE

PRESCRIPTIVE

PERIOD

FOR

PROSECUTING IR CASES (SEC. 12, R.A. 8042) AND
THE PENALTIES FOR IR (SEC. 7, R. A. 8042)?
 Simple


IR – five (5) years

Imprisonment of not less than six (6) years and one day but not more than twelve (12) years, and a FINE of not less than TWO HUNDRED THOUSAND PESOS nor more than FIVE HUNDRED THOUSAND PESOS.

 IR

involving economic sabotage (large or syndicated) – twenty (20) years


LIFE IMPRISONMENT, and FINE of not less than
FIVE HUNDRED THOUSAND PESOS nor more than
ONE MILLION PESOS.

REMEDIES AVAILABLE TO VICTIMS OF IR
ADMINISTRATIVE REMEDY
A. Complaint for recruitment violation – against a licensed agency and filed with the Adjudication Office at the POEA
B. Complaint/
Report requesting conduct of surveillance/ entrapment and other special operations – filed with the Anti – illegal Recruitment
Branch of the Licensing and Regulation Office, POEA
C. Complaints/ Reports – may also filed with the DOLE regional offices and/ or the POEA Regional Extension
Units/ centers nearest the place where the offense was committed.

CRIMINAL REMEDY
 Complaints

for ESTAFA and/ or ILLEGAL
RECRUITMENT against an illegal recruiter or a responsible officer of a licensed agency may be filed with the assistance of the POEA
Anti-Illegal Recruitment Branch (AIRB), NBI,
PNP-CIDG, or directly with the prosecutor’s office or with law enforcement agencies.

REPUBLIC ACT 9208
THE ANTI-TRAFFICKING IN PERSONS ACT OF


2003

Definition
 The RECRUITMENT, TRANSPORT, TRANSFER or
HARBORING, or RECEIPT of persons WITH OR
WITHOUT CONSENT OR KNOWLEDGE, within or across national borders, by means of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the consent of the person having control over another person for the purpose of EXPLOITATION or the PORSTITUTION of others or other forms of SEXUAL EXPLOITATION,
FORCED LABOR, or SERVICES, SLAVERY,
SERVITUDE or the REMOVAL or SALES OF
ORGANS.

THREE (3) CATEGORIES OF TRAFFICKING:
A.

Acts of Trafficking in Persons
B. Acts that Promote Trafficking in
Persons
C. Qualified Trafficking in Persons

TRAFFICKING IN PERSONS DISTINGUISHED
FROM HUMAN SMUGGLING
 Trafficking

in Persons
- usually involves coercion and is characterized by subsequent exploitation after the illegal entry of a person into a foreign country. It is considered a HUMAN RIGHTS issue.
 Human

Smuggling
- usually does not involve coercion and is characterized by facilitation, for a fee, the illegal entry of a person into foreign country. It is considered as MIGRATION CONCERN.

ACTS OF TRAFFICKING IN PERSONS
Recruiting,
transporting, transferring, harboring, providing or receiving a person by any means, including those under the pretext of domestic or overseas employment or training or apprenticeship for purposes of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage.
 Introducing for money or other consideration, any consideration, any Filipina to a foreigner as a possible spouse or to offer any Filipina to a foreigner as a prostitute.  Offering or contracting marriage for purposes of acquiring, buying, offering, selling or trading a person to engage in prostitution, or other acts of exploitation.


 Undertaking

or organizing tours and travel plans consisting of tourism packages for purposes of utilizing or offering persons for prostitution, pornography or sexual exploitation.
 Maintaining or hiring a person to engage in prostitution or pornography.
 Adopting or facilitating the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage.
 Recruiting, hiring, adopting, transporting, or abducting a person, by means of threat or use of force, fraud, deceit, violence or coercion.