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Tag: What is illegal recruitment

what is illegal recruitment in the philippine law

what is illegal recruitment in the philippine law插图

Illegal recruitment is the act ofrecruiting, hiring, or procuring workers for overseas employment without proper authorization from the POEA. It is a serious offense that can result in deportation from the Philippines.

What is illegal recruitment?

Illegal recruitment when committed by a syndicate or in large scale shall be considered an offense involving economic sabotage.

Can a non-Filipino head an illegal recruitment agency?

(n) To allow a non-Filipino citizen to head or manage a licensed recruitment/manning agency. Illegal recruitment is considered as economic sabotage if it is carried out by a group of three (3) or more persons conspiring or confederating with one another or it is committed against three (3) or more persons individually or as a group.

What is the penalty for illegal recruitment in the Philippines?

If the illegal recruitment constitutes economic sabotage, the penalty of life imprisonment and a fine of not less than Two million pesos (P2,000,000.00) nor more than Five million pesos (P5,000,000.00) shall be imposed.

When is illegal recruitment considered economic sabotage?

Illegal recruitment is considered as economic sabotage if it is carried out by a group of three (3) or more persons conspiring or confederating with one another or it is committed against three (3) or more persons individually or as a group. What is the punishment for illegal recruitment?

Why are there illegal recruitments even if there are risks involved?

One of the reasons why people hire illegally is because sometimes they’re not qualified. They might have been rejected from other jobs, and when they’re in need, they’ll take any job they can get.

What are the consequences of illegal recruitment?

The recruiter might face a heavy fine, imprisonment or both. If you’re a foreign employer and you break the law by hiring people illegally, you might be deported from the Philippines.

How can an Overseas Filipino worker file a complaint against illegal recruitment?

If someone is trying to recruit you for work abroad through illegal means, they’re breaking the law . You need to report it to your local police department or your nearest POEA office as soon as possible. Any other fraudulent activities regarding overseas job placements shall also be reported directly at any Philippine diplomatic mission abroad within five days from receiving the knowledge of such breach of contract.

What is illegal recruitment in the Philippines?

8042 (RA 8042) or the Migrant Workers Act, as amended, illegal recruitment shall mean any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers. It also includes referring, contract services, promising or advertising for employment abroad, whether for profit or not, when undertaken by non-licensee or non-holder of authority contemplated under the Labor Code of the Philippines. Provided, that any such non-licensee or non-holder who, in any manner, offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. Simply put, illegal recruitment is committed by persons who, without authority from the government, give the impression that they have the power to send workers abroad for employment purposes ( People v. Arnaiz, G.R. No. 205153, 9 September 2015, 770 SCRA 319 ).

What is a travel agent?

For an officer or agent of a recruitment or placement agency to become an officer or member of the Board of any corporation engaged in travel agency or to be engaged directly or indirectly in the management of travel agency; To withhold or deny travel documents from applicant workers before departure for monetary or financial considerations, …

What is the quantum of proof required to establish conspiracy?

The quantum of proof required to establish conspiracy is similar to the evidence required to prove a commission of a felony, further, the elements of conspiracy must be proven beyond reasonable doubt and the evidence of actual cooperation rather than mere cognizance or approval of an illegal act is required ( Reyes, Luis B., …

What does "fail to submit reports on the status of employment, placement vacancies, remittance?

To fail to submit reports on the status of employment, placement vacancies, remittance of foreign exchange earnings, separation from jobs, departures and such other matters or information as may be required by the Secretary of Labor and Employment;

What does "to charge or accept directly or indirectly" mean?

To charge or accept directly or indirectly any amount greater than that specified in the schedule of allowable fees prescribed by the Secretary of Labor and Employment, or to make a worker pay or acknowledge any amount greater than that actually received by him as a loan or advance;

Who is entitled to additional allowances as determined by the POEA Administrator?

The POEA lawyers who act as prosecutors in such cases shall be entitled to receive additional allowances as may be determined by the POEA Administrator. The filing of an offense punishable as Illegal Recruitment is without prejudice to the filing of cases punishable under other existing laws, rules or regulations.

Who can initiate criminal action against POEA?

In the filing of cases for illegal recruitment or any of the prohibited acts under this Section 6 of RA 8042, the Secretary of Labor and Employment, the POEA Administrator or their duly authorized representatives, or any aggrieved person may initiate the corresponding criminal action with the appropriate office. For this purpose, the affidavits and testimonies of operatives or personnel from the Department of Labor and Employment, POEA and other law enforcement agencies who witnessed the acts constituting the offense shall be sufficient to prosecute the accused.