HOW IS ILLEGAL RECRUITMENT COMMITTED?

After reading “How is illegal recruitment committed?”, read also “What are the prohibited practices in conducting recruitment for local employment?”

• Recruitment and placement refer to any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers.

• Recruitment also includes referrals contract services, promising, or advertising for employment, locally or abroad, whether for profit or not.

• There are two main types of illegal recruitment: simple illegal recruitment; and illegal recruitment as economic sabotage.

Recruitment and placement refer to any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers. (Article 13, Labor Code) This also includes referrals which is an 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 (Rodolfo vs. People, G.R. No. 146964, August 10, 2006), contract services, promising, or advertising for employment, locally or abroad, whether for profit or not.

 

How is illegal recruitment committed? The law says:

Recruitment becomes illegal when undertaken by a non-license or non-holder of authority. It is also mentioned that if any such non-licensee or non-holder who, in any manner, offers or promises for a fee employment abroad to two or more persons this shall likewise constitute illegal recruitment. (Section 6, Republic Act No. 8042 also known as the Migrant Workers Act of 1995)

 

The two main types of illegal recruitment are as follows:

1. Simple illegal recruitment; and
2. Illegal recruitment as economic sabotage.

 

Under Simple Illegal Recruitment, illegal recruitment of local workers includes those done by a licensee/holder of authority wherein the offender has a valid license or authority as required by law to enable one to lawfully engage in the recruitment and placement of workers as well as wherein the offender undertakes any of the prohibited acts under Article 34 of the Labor Code. Another is done by a non-licensee/non-holder of authority wherein the offender has no valid license or authority required by law to enable one to lawfully engage in the recruitment and placement of workers. (Article 34 and 38, Labor Code)

 

Jurisprudence says:

Illegal recruitment is committed when two essential elements concur:

1. that the offender has no valid license or authority required by law to enable him to lawfully engage in the recruitment and placement of workers; and
2. that the offender undertakes any activity within the meaning of “recruitment and placement” defined under Article 13(b), or any prohibited practices enumerated under Article 34 of the Labor Code. (Ritualo vs. People of the Philippines, G.R. NO. 178337, June 25, 2009)

 

Illegal recruitment, on the other hand, is considered economic sabotage when attended by the following qualifying circumstances: first, by a syndicate which is carried out by a group of 3 or more persons conspiring and confederating with one another; and second, in large scale which is committed against three (3) or more persons individually or as a group. (Art. 38(b), Labor Code; Sec. 6 of R.A. No. 8042 as amended)

 

Jurisprudence says:

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 of the Philippines vs. Sison G.R. No. 187160, August 9, 2017)

 

There is large scale illegal recruitment when the offender undertakes any activity within the meaning of “recruitment and placement” defined under Art. 13(b), as cited above, or any prohibited practice enumerated in Arts. 34 and 38 of the Labor Code or R.A No. 8042 as amended by R.A No. 10022, whenever applicable and that the offender commits the same against 3 or more persons, individually or as a group (IRR of R.A No. 8042 as amended, Rule IV, Sec.2)

Illegal recruitment by syndicate when the offender undertakes any activity within the meaning of “recruitment and placement” defined under Art. 13(b) or any prohibited practice enumerated in Arts. 34 and 38 of the Labor Code or R.A No. 8042 as amended by R.A No. 10022, whenever applicable. These acts are committed by at least 3 persons conspiring, and/or confederating with one another; and the offenders are not licensed or authorized to do so. (IRR of R.A No.8042 as amended, Rule IV, Sec.2)

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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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