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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Illegal recruitment when committed by a syndicate or in large scale shall be considered as offense involving economic sabotage.
Illegal recruitment represents a pervasive issue in the global labor market, undermining economic stability, worker rights, and social justice. This phenomenon, which encompasses a range of fraudulent and exploitative practices, has severe implications for individuals and societies.
Recruitment, under Article 13(b) of the Labor Code, is defined as any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers, and includes referrals, contract services, promising or advertising for employment, locally or abroad, whether for profit or not: Provided, that any person or entity which, in any manner, offers or promises for a fee, employment to two or more persons shall be deemed engaged in recruitment and placement.
Under Article 38 of the Labor Code, Illegal Recruitment is defined as any act of recruitment undertaken by unlicensed or unauthorized persons. With the amendments introduced by RA 8042, Illegal Recruitment may be committed even by POEA-licensed recruiters or agencies, who commit any of the prohibited acts under Section 6 of RA 8042. (People v. Espiritu, G.R. No. 226140, February 26, 2020)
To prove illegal recruitment, only two elements need to be shown, viz:
- The offender undertakes any of the activities within the meaning of “recruitment and placement” under Art. 13(b) of the LC, or any of the prohibited practices enumerated under Art. 34 of the LC; and
- The offender has no valid license or authority required by law to enable him to lawfully engage in recruitment and placement of workers. (People v Chua, G.R. No. 187052, 13 Sept. 2012)
There are types of illegal recruitment, one of which is illegal recruitment as a form of economic sabotage.
Section 6 of RA 8042 provides:
SEC. 6. DEFINITIONS. — x x x [I]llegal recruitment x x x shall likewise include the following acts, whether committed by any person, whether a non-licensee, non-holder, licensee or holder of authority.
x x x x
(m) Failure to reimburse expenses incurred by the worker in connection with his documentation and processing for purposes of deployment, in cases where the deployment does not actually take place without the worker’s fault. Illegal recruitment when committed by a syndicate or in large scale shall be considered as offense involving economic sabotage.
Section 6(m) of RA 8042 pertains to Illegal Recruitment committed through the failure of any person (whether or not a holder of license or authority) to reimburse documentation and processing expenses incurred by the worker when the deployment did not occur without the worker’s fault. This provision also defines Syndicated Illegal Recruitment as being committed by three or more persons and Illegal Recruitment in Large Scale as being committed against three or more persons. (Ibid.)
Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons individually or as a group.(People v. David, G.R. No. 233089, June 29, 2020)
In the shadows of our labor markets, illegal recruitment casts a dark veil over hope and opportunity, transforming dreams into a grim reality of exploitation and deceit. As we strive to illuminate this darkness, our collective efforts must shine brightly—through vigilant enforcement, empathetic support, and a united front against those who prey on desperation. Let us transform our resolve into action, ensuring that every opportunity offered is genuine, every promise is fulfilled, and every worker is treated with the dignity they deserve. In this fight, we not only protect the vulnerable but also uphold the values of justice and integrity that bind us all.
Related Article/s:
WHAT ARE THE MODES OF COMMITTING ILLEGAL RECRUITMENT?
Things to Know About Illegal Recruitment
HOW IS ILLEGAL RECRUITMENT COMMITTED?
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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