Presented by: ATTY. ALEJANDRE T. DIAZ Director II RECRUITMENT AND PLACEMENT New Labor Code, (PD442) Definition 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? (sec. 6, R.A. 8042) For purposes of this Act, illegal recruitment shall mean 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 non license or non holder of authority contemplated under Article 13 (f) of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines: Provided, 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 licensee, non holder, licensee or holder of authority: A. Excessive Collection of placement fee; B. Misrepresentation in relation to recruitment or 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 ahs not applied for 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; Courtesy of LACMMI Lipa Archdiocesan Commission on Migrants and Mission Page 1 of 5
M. Failure to reimburse worker for processing and documentary expenses, in cases where the deployment does not take without the worker s fault. What are the Classifications of Illegal Recruitment? I. Simple IR involves less than three (3) victims or recruiters II. IR involving economic sabotage: a. Large Scale committed against three (3) or more persons individually or as a group b. Syndicated committed by a group of three (3) or more persons conspiring or confederating with one another. What is the prescriptive period for prosecuting Illegal Recruitment cases? (Sec. 12, R.A. 8042 Simple IR five (5) years IR involving economic sabotage (Large Scale and Syndicated) twenty (20) years What are the penalties for Illegal Recruitment? (sec. 7, R.A. 8042) Simple Illegal Recruitment Imprisonment of not less than six (6) years and one day but not more than twelve (12) years, and a FINE of not less TWO HUNDRED THOUSAND (P200,000.00) PESOS nor more than FIVE HUNDRED THOUSAND (P500,000.00) PESOS. Illegal Recruitment constituting economic sabotage (large scale and syndicated) LIFE IMPRISONMENT, and FINE of not less than FIVE HUNDRED THOUSAND (P500,000.00) PESOS nor more than ONE MILLION (P1m) PESOS. Where can ILLEGAL RECRUITMENT Cases be Filed? (sec. 9, RA 8042) Illegal Recruitment cases may be filed in places where: a. the offense was committed; or b. the offended party actually resides at the time of the commission of the offense. REFERRAL is the act of passing along or forwarding of an applicant for employment after an initial interview of a selected applicant for employment to a selected employer, placement officer or bureau. (People vs. Goce, 247 SCRA 780) Courtesy of LACMMI Lipa Archdiocesan Commission on Migrants and Mission Page 2 of 5
There is illegal recruitment when one purports to have the ability to send a worker abroad though without authority or license to do so (Pp vs Villas, 277 SCRA 391) It is the lack of necessary license or authority that renders the recruitment activity unlawful or criminal. (Pp vs Borromeo, 305 SCRA 180) An illegal recruiter need not present himself to the victim as duly licensed recruiter. It suffices that he gives an impression of his ability to enlist the complainants for employment abroad, in order to include them to tender payment of fees. (Pp vs. Peralta, 283 SCRA 81) Lack of receipts does not mean no transaction for recruitment for overseas job was made. (People vs. Naparan, 225 SCRA 714) Failure of the complainants to ask for the receipts for the fees they paid, x x x, is not fatal to their case if they are able to duly prove by their testimonies the involvement of the accused in the recruitment process. (People vs. Comia, 136 SCRA 185) Administrative Remedy REMEDIES AVAILABLE TO VICTIMS OF IR A. Complaint for recruitment violation against a licensed agency and filed with the Adjudication Office of 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 REMEDIES AVAILABLE TO VICTIMS OF IR 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. Courtesy of LACMMI Lipa Archdiocesan Commission on Migrants and Mission Page 3 of 5
REPUBLIC ACT 9208 THE ANTI TRAFFICKING IN PERSONS ACT OF 2003 Definition of TRAFFICKING IN PERSONS 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 froms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or, the GIVING or RECEIVING of PAYMENTS or BENEFITS to achieve the consent of the person having control over another person for the purpose of EXPLOITATION or the PROSTITUTION of others or others forms of SEXUAL EXPLOITATION, FORCED LABOR, or SERVICES, SLAVERY, SERVITUDE or the REMOVAL or SALE of ORGANS. Elements of TRAFFICKING in PERSONS ACTS Recruiting. Transporting. Transferring, or Harboring, or Receipt of persons with or without consent or knowledge within or across national borders MEANS Threat or use of Force, Other forms of Coercion, Abduction, Fraud or Deception Abuse of power or position, Taking Advantage of the vulnerability of the person, or The Giving or Receiving of payments or benefits to achieve the consent PURPOSE Exploitation Prostitution of others or other forms of Sexual Exploitation, Forced labor, or services, Slavery, Servitude or Removal or sale of organs. THREE (3) CATEGORIES OF TRAFFICKING: a. Acts of Trafficking in Persons; b. Acts that Promote Trafficking in Persons; and, c. Qualified Trafficking in Persons. Courtesy of LACMMI Lipa Archdiocesan Commission on Migrants and Mission Page 4 of 5
TRAFFICKING IN PERSONS TRAFFICKING IN PERSONS DISTINGUISHED FROM HUMAN SMUGGLING Usually involves coercion Characterized by subsequent exploitation after the illegal entry of a person into a foreign country Considered a Human Rights issue HUMAN SMUGGLING Usually does not involve coercion Characterized by facilitating, for a fee, the illegal entry of a person into foreign country Considered a migration concern ACTS OF TRAFFICKING IN PERSONS a. 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; b. 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; c. Offering or contracting marriage for purposes of acquiring, buying, offering, selling or trading a person to engage in prostitution, or other acts of exploitation; d. Undertaking or organizing tours and travel plans consisting of tourism packages for purposes of utilizing or offering persons for prostitution, pornography or sexual exploitation; e. Maintaining or hiring a person to engage in prostitution or pornography; f. Adopting or facilitating the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; g. Recruiting, hiring, adopting, transporting or abducting a person, by means of threat or use of force, fraud, deceit, violence or coercion. Courtesy of LACMMI Lipa Archdiocesan Commission on Migrants and Mission Page 5 of 5