After reading “What are the prohibited practices in conducting recruitment for local employment?”, read also “What are the prohibited practices in conducting recruitment for overseas employment?”
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Government agencies and duly-registered non-government organizations, thereby, are called to protect and promote the welfare of Filipino jobseekers.
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Local illegal recruitment is committed in two ways. First, is when acts are undertaken by a non-licensee or non-holder of authority.
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Second includes acts which have been declared as prohibited are committed by any person, whether or not a holder of a license or authority.
The participation of the private sector in the recruitment and placement of workers for local employment is recognized to promote equality of employment opportunity and treatment in access to employment and particular occupations as part of the over-all thrust for national development.
Government agencies and duly-registered non-government organizations, thereby, are called to protect and promote the welfare of Filipino jobseekers.
Local illegal recruitment is committed in two ways. First, is when acts are undertaken by a non-licensee or non-holder of authority and second includes acts which have been declared as prohibited are committed by any person, whether or not a holder of a license or authority.
As to the first classification, the acts include any act of canvassing, enlisting, contracting, utilizing, hiring or procuring workers, and includes referrals, contact services, promising or advertising for local employment, whether for profit or not. (Section 42, Revised Rules and Regulations Governing Recruitment and Placement for Local Employment, Department Order No. 141-14, Series of 2014)
With regard to the second classification, the following acts include:
- 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, or to make a worker pay any amount greater than that actually received by him as a loan or advance;
- To furnish or publish any false notice or information or document in relation to recruitment or employment;
- To give any false notice, testimony, information or document or commit an act of misrepresentation for the purpose of securing a license or authority;
- To induce or attempt to induce a worker already employed to quit his employment in order to offer him to another unless the transfer is designed to liberate the worker from oppressive terms and conditions of employment;
- To influence or to attempt to influence any person or entity not to employ any worker who has not applied for employment through his agency;
- To engage in the recruitment or placement of workers in jobs harmful to public health or morality or to the dignity of the Republic of the Philippines;
- To obstruct or attempt to obstruct inspection by the Secretary of Labor or by his duly authorized representatives;
- To substitute or alter employment contracts approved and verified by the Department of Labor from the time of actual signing thereof by the parties up to and including the periods of expiration of the same without the approval of the Secretary of Labor (Article 34, Labor Code)
Moreover, jurisprudence says:
The offense of illegal recruitment is malum prohibitum where the criminal intent of the accused is not necessary for conviction, while estafa is malum in se where the criminal intent of the accused is crucial for conviction. Conviction for offenses under the Labor Code does not bar conviction for offenses punishable by other laws. (People of the Philippines vs. Rene Yabut G.R. Nos. 115719-26 October 5, 1999)
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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