Labor Law 1 Atty.

Ronic Treptor charged, directly or indirectly, from the workers or employers

Module 2: Recruitment and Placement of Workers or both.
4. “License” - a document issued by the Department of Labor
authorizing a person or entity to operate a private employment
General Provisions
agency.
A. Definition of Terms (Art. 13)
5. “Private recruitment entity” - any person or association engaged in
1. “Workers” - any member of the labor force, whether employed or
the recruitment and placement of workers, locally or overseas,
unemployed.
without charging, directly or indirectly, any fee from the
2. “Recruitment and placement” - any act of:
workers or employers.
a. canvassing,
6. “Authority” - a document issued by the Department of Labor
b. enlisting,
authorizing a person or association to engage in recruitment
c. contracting,
and placement activities as a private recruitment entity.
d. transporting,
7. “Seaman” - any person employed in a vessel engaged in maritime
e. utilizing,
navigation.
f. hiring or
8. “Overseas employment” - employment of a worker outside the
g. procuring workers, and includes
Philippines.
h. referrals,
9. “Emigrant” - any person, worker or otherwise, who emigrates to a
i. contract services,
foreign country by virtue of an immigrant visa or resident
j. promising or advertising for employment, locally or abroad,
permit or its equivalent in the country of destination.
…whether for profit or not: Provided that any person or entity which,
in any manner, offers or promises for a fee employment to two
License vs. Authority
or more persons shall be deemed engaged in recruitment and
A License is given to a Private fee-charging employment
placement. – Memorize this!
agency. An Authority is given to a Private recruitment agency.
Q: Is it required that the acts of recruitment and placement be
Private employment agency vs. Private recruitment entity
done to two or more persons to constitute recruitment
A private employment agency can charge a fee, whether
and placement?
directly or indirectly, from the workers or employers, or both.
A: No. The phrase “Provided, that any person or entity which,
A private recruitment entity cannot charge any fees. A private
in any manner, offers or promises for a fee
employment agency is issued a license, so it can operate. A
employment to two or more persons shall be deemed
private recruitment entity on the other hand is issued an
engaged in recruitment and placement.” does not give
authority.
an element of recruitment and placement.
…This phrase creates a presumption that such person or entity
B. Employment promotion (Art. 14)
is engaged in recruitment and placement. This is not an
…In accordance with the protection to labor clause in the Constitution
element. This presumption only arises if the offer for
employment is for a fee.
Power and Authority of the Secretary of Labor and Employment
3. “Private employment agency” - any person or entity engaged in the
1. Organize and establish new employment offices in addition to the
recruitment and placement of workers for a fee which is
existing employment offices under the Department of Labor as
the need arises;
2. Organize and establish a nationwide job clearance and information * Bureau of Employment Services (Art. 15)
system to inform applicants registering with a particular …This bureau was abolished by E.O. 797 which created the
employment office of job opportunities in other parts of the Philippine Overseas Employment Administration.
country as well as job opportunities abroad; …The functions of the Bureau of Employment Services were
3. Develop and organize programs that will facilitate occupational, transferred to the POEA and the Bureau of Local Employment.
industrial and geographical mobility of labor and provide
assistance in the relocation of workers from one area to C. Private recruitment (Art. 16)
another; and …Except as provided in Chapter II of this Title, no person or entity,
4. Require any person, establishment, organization or institution to other than the public employment offices and the OEDB for
submit such employment information as may be prescribed by overseas employment, shall engage in the recruitment and
the Department of Labor and Employment. placement of workers.

Why is there a need for employment promotion? General Rule

1. To ensure that the protection to labor clause which provides that the - recruitment and placement activities are limited to public
state shall promote full employment is implemented employment offices
2. If there is full employment, the citizens will be more productive * It is the government that should engage in recruitment and
resulting to economic improvement of the individual which placement, subject to exceptions.
will translate to the economic improvement of the state.
Exceptions?
How is this implemented? 1. Private fee charging employment agency,
1. The DOLE is given the powers under Art.14 of the Labor Code 2. Private recruitment entity.

Ex: Require any person, establishment, organization or institution to D. POEA

submit such employment information as may be prescribed by …The office of the Overseas Employment Development Board
the Department of Labor and Employment. (Art. 17) is already abolished by the creation of the POEA
- for policy making; improvement of the workforce and under E.O. 797. The powers and functions of the OEDB was
employment condition in the Philippines. transferred to the POEA.

2.Under Sec. 9, Rule II, Book I of the IRR of the Labor Code: At the Powers and Functions of the POEA
end of each month, every employer with at least six (6) 1. Protection of the right of Filipino workers to fair and equitable
employees shall submit to the nearest public employment employment practices.
office the following: 2. Regulation of private sector participation in the recruitment and
overseas placement of workers by setting up a licensing and
a. List of existing job vacancies or openings; registration system.
b. List of new employees, if any; 3. Deployment of Filipino workers through Government to
c. Terminations, lay-offs or retirements; Government hiring.
d. Total number of employed workers for the period; and 4. Formulation, implementation, and monitoring of overseas
e. Request for assistance, if needed, to fill employment of Filipino workers taking into consideration their
vacancies or openings. welfare and domestic manpower requirements.
5. Shall inform migrant workers not only of their rights as workers but What are the guarantees on the part of the receiving state that the
also of their rights as human beings, instruct and guide the rights of Filipino migrant workers are protected?
workers how to assert their rights and provide the available …The government recognizes any of the following as a guarantee on
mechanism to redress violation of their rights. the part of the receiving country for the protection of the rights
6. Implementation, in partnership with other law-enforcement of overseas Filipino workers:
agencies, of an intensified program against illegal recruitment 1. It has existing labor and social laws protecting the rights of workers,
activities (Sec. 14, R.A. 10022). including migrant workers;
2. It is a signatory to and/or a ratifier of multilateral conventions,
Adjudicatory functions of POEA declarations or resolutions relating to the protection of workers,
1. Administrative cases involving violations of licensing rules and including migrant workers; and
regulations and registration of recruitment and employment 3. It has concluded a bilateral agreement or arrangement with the
agencies or entities. government on the protection of the rights of overseas Filipino
2. Disciplinary action cases and other special cases which are Workers
administrative in character involving employers, principals,
contracting partners and Filipino migrants (RA 8042, IRR, …In the absence of a clear showing that any of the guarantees exists in
Rule X, Sec. 6). the country of destination of the migrant workers, no permit for
deployment shall be issued by the POEA.
Powers of the POEA * However, the POEA may at any time terminate or impose a ban on
1. Suspend or cancel licenses employment of migrant workers, to do so, in consultation with
2. Order the refund or reimbursement of illegally collected fees POEA the DFA based on the following grounds:
a. In pursuit of the national interest; or
Recruitment and placement activities by POEA b. When public welfare so requires (Sec. 4, R.A. 10022)
1. This is limited to government-to-government arrangements.
- not with private sectors abroad Ex: the POEA may impose a ban on employment of migrant
2. The POEA is empowered to assist in the processing of travel workers to a country with an ongoing widespread armed
documents that will be required of the worker. conflict.
3. Deployment of workers shall be allowed by the POEA only: POEA ban on deployment of migrant workers to Northern Iraq.
a. In countries where the rights of Filipino
migrant workers are protected. * Office of Emigrant Affairs (Art. 19)
b. To vessels navigating the foreign seas or to installations …This is already abolished by the creation of Commission on
located offshore or on high seas whose Filipinos Overseas. This commission is tasked to promote and
owners/employers are compliant with international laws uphold the interests, rights and welfare of overseas Filipinos
and standards that protect the rights of migrant workers. and strengthen their ties with the Motherland.
c. To companies and contractors with international operations:
Provided, that they are compliant with standards, * National Seamen Board (Art. 20)
conditions and requirements, as embodied in the …This is repealed by EO 797 creating the POEA.
employment contracts prescribed by the POEA and in
accordance with internationally-accepted standards.
E. Ban on direct hiring (Art. 18) F. Article 21
…No employer may hire a Filipino worker for overseas employment …another provision to ensure that the rights of Filipino workers
except through the Boards (now POEA) and entities authorized abroad are protected.
by the Department of Labor and Employment. …It also requires the labor attaches, the labor reporting officers duly
…Direct hiring by members of the diplomatic service, officials and designated by the Department of Labor and Employment and
employees of international organizations and such other the Philippine diplomatic or consular officials concerned to
employers as may be allowed by the Department and Labor make continuing studies and gather information regarding
and Employment is exempt from this provision. situations of Filipino workers.
…This is to assist the DOLE in formulating policies concerning
General rule: Filipino workers abroad.
- No direct hiring of Filipino workers for jobs abroad.
G. Mandatory remittance of foreign exchange earnings (Art. 22)
Exceptions; as allowed by the DOLE: …It shall be mandatory for all Filipino workers abroad to remit a
1. Direct hiring by members of the diplomatic service portion of their foreign exchange earnings to their families,
2. Direct hiring of officials and employees of international dependents, and/or beneficiaries in the country in accordance
organizations with rules and regulations prescribed by the Secretary of Labor
3. Such other employers as allowed by the DOLE. and Employment.
4. Name hires – direct hire …Force workers to send foreign remittances to boost our economy.
… individual workers who are able to secure contracts for
overseas employment opportunities with employers without the Obligation to remit
assistance or participation of any agency. …SECTION 2 (Rule XIII, Book I, IRR of LC).
…They are still required to pass through the POEA for processing - It shall be mandatory for a worker or seaman to remit regularly a
purposes and should be registered under POEA for protection. portion of his foreign exchange earnings abroad to his
(after they have acquired employment) beneficiary, through the Philippine banking system. This
* Here, solidary liability of private employment liability is not obligation shall be stipulated in the following documents:
applicable because there is no agency involved in a name hire. 1. Contract of employment and/or service between foreign based
employer and a worker;
Why is there a ban on direct hiring? 2. Affidavit of undertaking whereby a worker obligates himself to
…The purpose is to regulate employment of Filipinos abroad. remit a portion of his earnings to his beneficiaries; and
3. Application for a license or authority to recruit workers.
Why the need to regulate? - made by the agencies
1. To ensure protection of Filipino workers abroad
2. To protect the labor supply of the Philippines abroad by ensuring Amount to be remitted
that those deployed abroad are possessed with the necessary … (E.O. 857, as amended)
skills to perform the work they are hired to do. (export quality 1. Seamen and mariners – 80% of the basic salary
labor) 2. Construction companies and their workers – 70%
3. To enforce compliance with the solidary liability of private 3. Professional workers (doctors, nurses, teachers) whose employment
employment and recruitment agencies contract provide for free board and lodging – 70%
4. To enforce the mandatory remittance requirement 4. Professionals without free board and lodging – 50%
5. Domestic and other service workers – 50% 2. By way or exception, private entities are allowed subject to rules
6. All other workers – 50% and regulations as may be issued by the Secretary of Labor and
Employment.
What happens if the worker fails to remit? - This is regulated by the issuance of licenses and authorities.
1. Worker shall be suspended or excluded from the list of eligible
workers for overseas employment. Subsequent violations shall Requirements for private entities for the issuance of a license or
warrant his repatriation. authority
2. Employers who fail to comply shall be excluded from the overseas 1. Citizenship requirement
employment program. a. For individuals who want to engage in recruitment and
3. Private employment agencies or entities shall face cancellation or placement activities, that individual must be a Filipino.
revocation of their licenses or authority to recruit, without b. For corporations or partnerships, at least 75% of the
prejudice to other liabilities under existing laws and authorized and voting capital stock of which must be
regulations. owned and controlled by Filipinos.

Exception to mandatory remittance 2. Capitalization requirement

1. The worker’s immediate family members, beneficiaries and a. For local employment, the capital requirement is
dependents are residing with him abroad Php1,000,000.00 (Revised rules and regulations
2. Immigrants and Filipino professionals and employees working with governing recruitment and placement for local
the UN agencies or specialized bodies employment; D.O. No. 141-14 series of 2014)
3. Filipino servicemen working in U.S. military installations b. For overseas employment, the capital requirement is
(Resolution No. 1- 83, Inter-Agency Committee for Php5,000,000.00 (Revised POEA rules and regulations
Implementation of E.O. 857). governing the recruitment and employment of land
based overseas Filipino workers of 2016)
Regulation of Recruitment and Placement Activities
A. Participation of Private Sector in the recruitment and 3. Should not be otherwise disqualified by law or other government
placement of workers (Art. 25) regulations to engage in the recruitment and placement of
…Pursuant to national development objectives and in order to harness workers for overseas employment
and maximize the use of private sector resources and initiative
in the development and implementation of a comprehensive 4. Payment of registration fees
employment program, the private employment sector shall a. Local employment = Php5,000
participate in the recruitment and placement of workers, locally b. Overseas = Php25,000
and overseas, under such guidelines, rules and regulations, as
may be issued by the Secretary of Labor and Employment. 5. Posting of surety or cash bonds (Art. 31: Bond Requirement)
Regulation of Recruitment and Placement Activities - All applicants for license or authority shall post such cash and surety
bonds as determined by the Secretary of Labor, including
Are private entities allowed to engage in recruitment and placement of escrow deposits.
workers?
1. As a general rule, no. recruitment and placement activities can only
be done by public employment offices.
The Purpose of the Bond a. Certified to have derogatory record or information by the
1. to guarantee compliance with the prescribed recruitment procedures, NBI or by the Anti-Illegal Recruitment Branch of the
rules and regulations, and terms and conditions of employment. POEA;
2. for the protection of our citizens who are engaged for overseas b. Against whom probable cause or prima facie finding of guilt
employment by foreign companies. for illegal recruitment or other related cases exists;
3. to ensure that if the rights of these overseas workers are violated by c. Convicted for illegal recruitment or other related cases
their employers, recourse would still be available to them and/or crimes involving moral turpitude;
against the local companies that recruited them for the foreign d. Agencies whose licenses have been previously revoked or
principal. The foreign principal is outside the jurisdiction of cancelled by the POEA for violation of R.A.8042, P.D.
our courts and would probably have no properties in this 442 as amended and their IRRs.
country against which an adverse judgment can be enforced. e. Any official or employee of the DOLE, POEA, OWWA,
This difficulty is corrected by the bond, which can be DFA and other government agencies directly involved
proceeded against to satisfy that judgment. in the implementation of R.A. 8042 and/or any of
…serves as security his/her relatives within the 4th civil degree of
consanguinity or affinity
The bond is exempted from garnishment f. Persons or partners, officers and directors of corporations
- Cash bond filed by applicants for license or authority is not subject to whose licenses have been previously cancelled or
garnishment by a judgment creditor of the agency. Should the revoked for violation of recruitment laws (Sec. 2, Rule
bond/deposit in escrow or any part thereof be garnished, the I, 2002 Rules and Regulations on the Recruitment and
same should be replenished by the agency within 15 days Employment of Land- Based Workers).
from notice from the POEA. Failure to replenish the same
within the said period shall cause the suspension of the license. Solidary liability of employment agency
ex. An employee was successful in a case against a foreign principal, - Local employment agencies are solidarily liable with their foreign
and the bond answered for the amount principal for any violation of the recruitment agreement and
violation of contracts of employment.
(STRONGHOLD INSURANCE COMPANY, INC. vs. CA and
ADRIANO URTESUELA, G.R. No. 88050, January 30, 1992) 1. Before recruiting, the agency is required to submit a document
containing its power to sue and be sued jointly and solidarily
Persons and Entities Disqualified to Engage in the Business of with the principal or foreign-based employer for any of the
Recruitment and Placement of Workers violations of the recruitment agreement, and the contracts of
1. Travel agencies and sales agencies of airline companies (Art. 26) employment.
2. Officers or members of the board of any corporation or members in 2. The recruitment agency may still be sued even if agency agreement
a partnership engaged in the business of a travel agency between recruitment agency and principal is already severed if
3. Corporations and partnerships, when any of its officers, members of no notice of the termination was given to the employee based
the board or partners, is also an officer, on Art. 1921 of the New Civil Code
member of the board or partner of a corporation or partnership (Catan v. NLRC, GR No. 77297, April 15, 1988).
engaged in the business of a travel agency
4. Persons, partnerships or corporations which have derogatory
records, such as but not limited to those:
Exemption from solidary liability In case of termination of overseas employment without just, valid or
1. Where the workers themselves insisted for the recruitment agency to authorized cause as defined by law or contract, or any unauthorized
send them back to their foreign employer despite their deductions from the migrant worker's salary
knowledge of its inability to pay their wages, the Court The worker shall be entitled to:
absolved the agency from liability 1. the full reimbursement if his placement fee and the deductions made
(Feagle Construction Corp. v. Gayda, GR No. 82310, June 18, 1990). with interest at twelve percent (12%) per annum,
2. plus his salaries for the unexpired portion of his employment
…If the recruitment/placement agency is a juridical being, the contract or for three (3) months for every year of the unexpired
corporate officers, directors or partners as the case may be, term, whichever is less.
shall themselves be jointly and solidarily liable with the
corporation or partnership for the claims and damages …RA 8042 (Migrant Workers Act) - The three-month option is
(Becmen Service Exporter and Promotion v. Cuaresma, G.R. Nos. declared unconstitutional for violating the equal protection
182978-79, April 7, 2009). clause and the substantive due process rule in the Constitution
(Serrano vs. Gallant Maritime Services Inc. and Marlow Navigation
* A foreign employer which through unlicensed agents recruits Company, Inc., GR 167614, March 24, 2009).
workers in the country may be sued in and found liable by
Philippine courts. …However, in 2010, RA 10022 was passed, amending RA 8042. RA
10022 reiterated the provision concerned. Then the SC once
Theory of Imputed Knowledge again declared the same provision as unconstitutional.
…ascribes the knowledge of the agent, to the principal employer not (Sammer Overseas Placement Agency, Inc. v. Cabiles, 2014)
the other way around.
…The knowledge of the principal foreign employer cannot, therefore, B. Limitations on License or Authority (Art 29)
be imputed to its agent. General Rule
…Once the license or authority is issued, the recruitment entity may
Knowledge of the agent = knowledge of the principal. If the agent is now engage in recruitment and placement activities.
aware, the principal is deemed to be aware. But if the principal
is aware, the agent is not deemed aware. Limitations of the Use of this license or authority
(Sunace International Management Inc. vs. NLRC, G.R. No. 1. Can only be used by the person or entity in whose favor it was
161757, January 25, 2006) issued
2. Can only be used in the place stated in the license
Relief in Pretermination of contract of migrant workers without just or 3. It cannot be transferred, conveyed, or assigned
valid cause 4. Provincial recruitment and/or job fairs may be allowed only when
1. Full reimbursement of his placement fee with 12% interest per authorized by POEA in writing.
annum. …Any transfer of business address, appointment or designation of any
2. Plus salaries for the unexpired portion of his employment contract. agent or representative including the establishment of
additional offices anywhere shall be subject to the prior
approval of the Department of Labor
C. Prohibited Acts (Art. 34) thereof by the parties up to and including the periods of
…It shall be unlawful for any individual, entity, licensee, or holder of expiration of the same without the approval of the Sec of Labor
authority: (Contract Substitution)
1. To charge or accept, directly or indirectly, any amount greater than 10. To become an officer or member of the Board of any corporation
that specified in the schedule of allowable fees prescribed by engaged in travel agency or to be engaged directly or indirectly
the Secretary of Labor, or to make a worker pay any amount in the management of a travel agency
greater than that actually received by him as a loan or advance (Involvement in Travel Agency)
(Overcharging) 11. To withhold or deny travel documents from applicant workers
2. To furnish or publish any false notice or Information or document in before departure for monetary or financial considerations other
relation to recruitment or employment than those authorized under this Code and its implementing
(False Notice) rules and regulations
3. To give any false notice, testimony, information or document or (Withholding of Travel Documents)
commit any act of misrepresentation for the purpose of 12. Failure to actually deploy a contracted worker without valid reason
securing a license or authority under this Code as determined by the Department of Labor and Employment
(Misrepresentation to Secure License) (Failure to Deploy)
4. To induce or attempt to induce a worker already employed to quit 13. Failure to reimburse expenses incurred by the worker in
his employment in order to offer him to another unless the connection with his documentation and processing for purposes
transfer is designed to liberate the worker from oppressive of deployment, in cases where the deployment does not
terms and conditions of employment actually take place without the worker's fault. Illegal
(Inducing Worker to Quit) recruitment when committed by a syndicate or in large scale
5. To influence or to attempt to influence any person or entity not to shall be considered an offense involving economic sabotage
employ any worker who has not applied for employment (Failure to Reimburse)
through his agency 14. Allowing a non-Filipino citizen to head or manage a licensed
(Inducement not to Employ); recruitment/manning agency
6. To engage in the recruitment or placement of workers in jobs (Non-Filipino Manager) (as amended by RA 10022).
harmful to public health or morality or to the dignity of the
Republic of the Philippines Additional Prohibited Acts (RA 10022)
(Recruitment for Harmful Jobs) 1. Granting a loan to an OFW which will be used for payment of legal
7. To obstruct or attempt to obstruct inspection by the Secretary of and allowable placement fees;
Labor or by his duly authorized representatives 2. Refusing to condone or renegotiate a loan incurred by an OFW after
(Obstructing Inspection) his employment contract has been prematurely terminated
8. To fail to file reports on the status of employment, placement through no fault of his or her own
vacancies, remittance of foreign exchange earnings, separation (Non-Renegotiation of Loan);
from jobs, departures and such other matters or information as 3. For a suspended recruitment/manning agency to engage in any kind
may be required by the Secretary of Labor of recruitment activity including the processing of pending
(Non-submission of Reports) workers' applications
9. To substitute or alter employment contracts approved and verified (Violation of Suspension)
by the Department of Labor from the time of actual signing 4. For a recruitment/manning agency or a foreign principal or
 employer to pass on the OFW or deduct from his or her salary 4. Engaging in the recruitment or placement of workers to jobs
the payment of the cost of insurance fees, premium or other harmful to the public health or morality or to the dignity of the
insurance related charges, as provided under the compulsory country
worker's insurance coverage (Sec. 3, Rule I, Book VI, Rules and Regulations Governing
(Collection of Insurance Premium) Overseas Employment).
5. Imposing a compulsory and exclusive arrangement whereby an
OFW is required to: Grounds for suspension or cancellation
a) Avail a loan only from specifically designated institutions, 1. Commission of prohibited acts under Art. 34 of LC
entities or persons (Specifying a Loan Entity). 2. Publishing job announcements w/o POEA’s approval
b) To undergo health examinations only from specifically 3. Charging a fee which may be in excess of the authorized amount
designated medical, entities or persons, except seafarers before a worker is employed
whose medical examination cost is shouldered by the 4. Deploying workers w/o processing through POEA
shipowner (Specifying a Medical Entity). 5. Recruitment in places outside its authorized area
c) To undergo training of any kind only from designated (Sec. 4, Rule II, Book IV, POEA Rules).
institutions, entities or persons, except for
recommendatory trainings mandated by principals or Who suspends or cancels the license or authority?
shipowners (Specifying a Training Entity) 1. The Secretary of Labor and Employment is empowered to suspend
(Sec. 6, R.A. 8042, Migrant Workers and Overseas Filipino Act, as or cancel a license or authority.
amended by R.A. 10022). 2. Overseas employment: SOLE and POEA can suspend or cancel.

D. Suspension or Cancellation of License or Authority (Art. 35) *There must be a hearing before the cancellation or suspension of the
…The Secretary of Labor and Employment shall have the power to license or authority to observe due process.
suspend or cancel any license or authority to recruit employees
for overseas employment for violation of rules and regulations * Regulatory power (Art. 36)
issued by the Secretary of Labor and Employment, the …The Secretary of Labor and Employment shall have the power to
Overseas Employment Development Board, and the National restrict and regulate the recruitment and placement activities of
Seamen Board, or for violations of the provisions of this and all agencies within the coverage of this Title and is hereby
other applicable laws, General Orders and Letters of authorized to issue orders and promulgate rules and regulations
Instructions. Suspension or Cancellation of License or to carry out the objectives and implement the provisions of this
Authority Title.

Grounds for cancellation * Visitorial power (Art. 37)

1. Incurring an accumulated 3 counts of suspension by an agency - The Secretary of Labor and Employment or his duly authorized
based on final and executory orders within the period of representatives may at any time inspect the premises, books of
validity of its license; accounts and records of any person or entity covered by this
2. Violations of the conditions of license; Title, require it to submit reports regularly on prescribed forms,
3. Engaging in acts of misrepresentation for the purpose of securing a and act on violations of any provision of this Title.
license or renewal; and
E. Illegal Recruitment 2. Illegal recruitment as ECONOMIC SABOTAGE –
Definition a. Syndicated – carried out by a group of 3 or more persons in
1. Any act of canvassing, enlisting, contracting, transporting, utilizing, conspiracy or confederation with another.
hiring, or procuring workers and includes referring, contract b. Large scale or qualified – committed against 3 or more persons
services, promising or advertising for employment abroad, individually or as a group.
whether for profit or not, when undertaken by non-licensee or
non-holder of authority: Provided, that any such non-licensee *Prescription of the offense – 20 years
or non-holder who, in any manner, offers or promises for a fee *Penalty – life Imprisonment and a fine of 2M to 5M Illegal
employment abroad to two or more persons shall be deemed so Recruitment
engaged (RA 10022, Sec. 5).
…Performing recruitment and placement activities without a license or *Aggravating circumstance: The maximum penalty shall be imposed
authority. if the person illegally recruited is less than 18 years of age OR
if committed by a non-licensee or non-holder of authority.
2. It shall likewise include the following acts, whether committed by
any person, whether a non-licensee, non-holder, licensee or Persons criminally liable
holder of authority: (see prohibited activities) 1. The persons criminally liable for the above offenses are the
…Performing the prohibited activities whether you have or you do not principals, accomplices and accessories.
have a license or authority. (authority/license is immaterial) 2. In case of juridical persons, the officers having control, management
or direction of their business shall be liable (Sec. 6, R.A. 8042).
Elements
1. 1st kind Consequence of Conviction
a. The offender is not a holder of a license of 1. Automatic revocation of the license or authority
authority 2. Forfeiture of the cash and surety bonds
b. He performs any of the act of 3. Conviction for the crime of estafa, if found guilty therefor.
recruitment and placement
nd
2. 2 kind …It is important that there must at least be a promise or offer of an
a. The offender performs any of the employment from the person posing as a recruiter, whether
prohibited activities locally or abroad (People v. Laogo, G.R. no. 176264)
b. The offender has either authority or
license or has no A/L Illegal recruitment vs. Estafa
IR ESTAFA
Types of illegal recruitment Malum prohibitum Malum in se
1. SIMPLE illegal recruitment It is not required that it Accused defrauded another by abuse of
– no qualifying circumstance be shown that the confidence or by means of deceit.
(not economic sabotage) recruiter wrongfully
represented himself as a
* Penalty – 12y1d to 20y and a fine of 1M to 2M licensed recruiter
*Prescription of the offense – 5 years Ex: accused represents that he is a
 license holder to deceive his victims to 3. Foreign nationals elected as members of the Governing Board who
part with their money to process their do not occupy any other position, but have only voting rights in
employment abroad. It must be shown the corporation;
that the reason why the victims parted 4. All foreign nationals granted exemption by special laws and all
with their money is because of the other laws that may be promulgated by the Congress;
misrepresentations of the accused. 5. Owners and representative of foreign principals, whose companies
are accredited by the Philippine Overseas Employment
* Illegal recruitment and estafa cases may be filed simultaneously or Administration (POEA), who come to the Philippines for a
separately. The filing of charges for illegal recruitment does limited period solely for the purpose of interviewing Filipino
not bar the filing of estafa, and vice versa. applicants for employment abroad;
6. Foreign nationals who come to the Philippines to teach, present
F. Employment Permit of Non- Resident Aliens (Art. 40) and/or conduct research studies in universities and colleges
Alien Employment Permit provided that the exemption is on a reciprocal basis;
is a document issued by the DOLE which authorizes a foreign 7. Resident foreign nationals and temporary or probationary resident
national to work in the Philippines visa holders employed or seeking employment in the
Philippines (DO 97-09, Series of 2009).
…Any alien seeking admission to the Philippines for
employment purposes and any domestic or foreign employer Prohibition against transfer of employment
who desires to engage an alien for employment in the PH shall …After the issuance of an employment permit, the alien shall not
obtain an employment permit from the DOLE. transfer to another job or change his employer without prior
…The employment permit may be issued to a non-resident alien or to approval of the Secretary of Labor.
the applicant employer after a determination of the non- …Any non-resident alien who shall take up employment in violation
availability of a person in the Philippines who is competent, of the provision of this Title and its implementing rules and
able and willing at the time of application to perform the regulations shall be punished in accordance with the provisions
services for which the alien is desired. of Articles 289 and 290 of the Labor Code. In addition, the
alien worker shall be subject to deportation after service of his
* For an enterprise registered in preferred areas of investments, said sentence.
employment permit may be issued upon recommendation of
the government agency charged with the supervision of said Duration of Permit
registered enterprise. …1 year, unless if the employment contract provides
otherwise, but it cannot exceed 5 years.
Persons not required to acquire an Alien Employment Permit
1. Members of the diplomatic services and foreign government
officials accredited by the Philippine government;
2. Officers and staff of international organizations of which the
Philippine government is a cooperating member, and their
legitimate spouses desiring to work in the Philippines;