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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 is any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers and 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. There are two types of illegal recruitment: simple and illegal recruitment as economic sabotage.
In the heart of the city, where the neon lights flicker and the air is thick with ambition, there exists a hidden world—a world of clandestine meetings, unspoken promises, and shadowy figures who lure unsuspecting souls into the labyrinth of illegal recruitment.
Illegal recruitment is any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers and 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. (Sec. 6, R.A. No. 8042, as amended by R.A. No. 10022)
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)
Illegal recruitment may assume in the form of simple illegal recruitment and illegal recruitment as economic sabotage.
Simple Illegal Recruitment is committed where a licensee/non-licensee or holder/non-holder of authority undertakes either any recruitment activities defined under Art. 13(b), or any prohibited practices enumerated under Sec. 6 of R.A. No. 8042, as amended by R.A. No. 10022.
On the other hand, illegal recruitment is economic sabotage when complex illegal recruitment is committed. It can either be syndicated or large scale or qualified.
Syndicated illegal recruitment is committed by a syndicate if carried out by a group of three (3) or more persons in conspiracy or confederation with one another, while large scale or qualified illegal recruitment is committed against three (3) or more persons individually or as a group despite the lack of necessary license from POEA. (People v. Alzona, G.R. No. 132029, 30 July 2004)
Illegal recruitment represents a serious threat to individuals and society, characterized by deceptive practices, significant personal and financial impacts, and complex challenges in enforcement and prevention. Addressing this issue requires a multifaceted approach that includes enhancing public awareness, strengthening legal frameworks, and improving coordination among international and local agencies. By taking comprehensive measures to combat illegal recruitment, we can better protect vulnerable individuals, uphold the integrity of the job market, and promote fair and ethical employment practices.
Related Article/s:
WHAT ARE THE MODES OF COMMITTING ILLEGAL RECRUITMENT?
HOW IS ILLEGAL RECRUITMENT COMMITTED?
Penalty for Illegal Recruitment
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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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