2. CHAPTER OUTLINE:
• DEFINITION OF:
o Recruitment (Human Resource Development)
o Recruitment (Labor Code Of The Philippines)
• OBJECTIVES OF LABOR CODE IN RECRUITMENT
• ILLEGAL RECRUITMENT (R.A. NO. 8042)
• CLASSIFICATION OF ILLEGAL RECRUITMENT
• LABOR CODE TERMINATION
3. RECRUITMENT
(DEFINITION IN HUMAN RESOURCE DEVELOPMENT
)
Recruitment is the process of
attracting individuals on a timely
basis, in sufficient numbers, and with
appropriate qualifications to apply for
jobs with an organization.
(Martocchio & Mondy, 2016)
4. RECRUITMENT
(DEFINITION IN LABOR CODE, ARTICLE 13 )
“Recruitment and placement" refers to 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.
5. RECRUITMENT
(DEFINITION IN LABOR CODE, ARTICLE 13 )
“RECRUITMENT AND PLACEMENT" refers
to any act of:
• Canvassing;
• Enlisting;
• Transporting;
• Contracting;
• Hiring;
• Utilizing;
• Procuring Workers, And;
Includes
• Contract Services;
• Referrals;
• Advertising or:
• Promising 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.
6. OBJECTIVES OF LABOR CODE
IN RECRUITMENT
A). To promote and maintain a state of
full employment through improved
manpower training, allocation and
utilization
B). To protect every citizen by securing
for him the best possible terms and
condition of employment
C). To facilitate a free choice of
available employment by person
seeking work in conformity with the
national interest
D). To facilitate and regulate the
movement of workers in conformity with
the national interest
E). To regulate the employment of
aliens including the establishment of a
registration and/or permit system
F). To strengthen the network of public
employment offices and rationalize the
participation of the private sector in the
recruitment and placement of workers,
locally and overseas to serve national
development objectives
G). To insure careful selection of
Filipino workers for overseas
employment in order to protect the good
name of the Philippines abroad.
7. R.A. NO. 8042
ILLEGAL RECRUITMENT
Sec. 6. DEFINITIONS. – For purposes of this Act, illegal
recruitment shall mean any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring, procuring workers
and includes referring, contact 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 such non-license or non-holder, who, in any manner, offers or
promises for a fee employment abroad to two or more persons shall
be deemed so engaged. It shall likewise include the following
acts, whether committed by any persons, whether a non-licensee,
non-holder, licensee or holder of authority.
8. (a) Any recruitment activities,
including the prohibited practices
enumerated under Article 34 of this
Code, to be undertaken by non-
licensees or nonholders of authority,
shall be deemed illegal and
punishable under Article 39 of this
Code. The Department of Labor and
Employment or any law enforcement
officer may initiate complaints under
this Article.
ILLEGAL RECRUITMENT
CLASSIFICATION AS STATED IN ARTICLE 38 OF
LABOR CODE
9. ARTICLE 34
Prohibited Practices
(a) 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;
(b) To furnish or publish any false notice or information or document
in relation to recruitment or employment;
(c) To give any false notice, testimony, information or document or
commit any act of misrepresentation for the purpose of securing a
license or authority under this Code;
(d) 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;
(e) 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;
(f) To engage in the recruitment or placement of workers in jobs
10. ARTICLE 34
Prohibited Practices
(i) 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;
(j) To become an officer or member of the Board of any corporation
engaged in travel agency or to be engaged directly or indirectly in
the management of a travel agency; and
(k) To withhold or deny travel documents from applicant workers before
departure for monetary or financial considerations other than those
authorized under this Code and its implementing rules and regulations.
11. (b) Illegal recruitment when committed by a
syndicate or in large scale shall be considered an
offense involving economic sabotage and shall be
penalized in accordance with Article 39 hereof
ILLEGAL RECRUITMENT
CLASSIFICATION AS STATED IN ARTICLE 38 OF
LABOR CODE
Illegal recruitment is deemed committed by a syndicate if
carried out by a group of three (3) or more persons
conspiring and/or confederating with one another in carrying
out any unlawful or illegal transaction, enterprise or scheme
defined under the first paragraph hereof. Illegal recruitment
is deemed committed in large scale if committed against three
(3) or more persons individually or as a group.
50 person complained after not getting
promised US Jobs
12. [(c) The Secretary of Labor and Employment or his duly
authorized representatives shall have the power to cause
the arrest and detention of such non-licensee or non-
holder of authority if after investigation it is
determined that his activities constitute a danger to
national security and public order or will lead to
further exploitation of job-seekers. The Secretary shall
order the search of the office or premises and seizure
of documents, paraphernalia, properties and other
implements used in illegal recruitment activities and
the closure of companies, establishments and entities
found to be engaged in the recruitment of workers for
overseas employment, without having been licensed or
authorized to do so.]
ILLEGAL RECRUITMENT
ELEMENTS AS STATED IN ARTICLE 38 OF LABOR
CODE
13. Kinds of Illegal Recruitment
(a) Simple Illegal Recruitment
-Illegal recruitment committed by a person who
is neither a licensee nor a holder of
authority;
(b) Illegal Recruitment as Economic Sabotage
Illegal recruitment when committed:
• By a syndicate; or
• In large scale,
shall be considered an offense involving economic
sabotage. (R.A. No. 10022, Sec. 5[m])
ILLEGAL RECRUITMENT
SUMMARY ELEMENTS AS STATED IN ARTICLE 38 OF LABOR
CODE
14. Termination of employment in the Philippines
is a serious matter that can only be done for
just or authorized causes, as defined by the
Labor Code.
Termination is the most severe penalty that
an organization can impose on an employee;
therefore, it should be the most carefully
considered form of disciplinary action.
TERMINATION
ACCORDING TO HUMAN RESOURCE
DEVELOPMENT
ACCORDING TO LABOR CODE
15. TERMINATION
Under the Labor Code, an employee may be
validly terminated on the following
grounds:
1.Just causes (under Art. 297)
2.Authorized causes (under Art. 298)
3.Termination due to disease (under Art.
299)
4.Termination by the employee or
resignation (Article 300)
5.Dismissal from employment due to
enforcement of the union security
clause in the CBA (under Art. 259e)
6.Defiance of the assumption or
16. TERMINATION
JUST CAUSES
Grounds:
1. Serious misconduct or Willful Disobedience
by the employee of the lawful orders of his
employer or representative in connection
with his work (work-related)
2. Gross and Habitual neglect by the employee
of his duties
3. Fraud or Willful breach by employee of the
Trust reposed in him by his employer or duly
authorized representative (not mere
suspicion)
4. Commission of a crime or offense by the
employee against the person of his employer
or any immediate member of his family or
19. PEOPLE v. DIAZ
Diaz was neither a licensee nor a
holder of authority to qualify him to
lawfully engage in the recruitment and
placement activity. Pursuant to the
Certification issued by the POEA,
appellant was never granted an
authority to conduct recruitment for
overseas employment. Lastly, there were
three persons who were victims of the
appellant’s act
Case Analysis
Good Afternoon/Evening Everyone! This will be the discussion of Chapter 3: Labor Code of Recruitment and Termination.
Before that I would like to greet all of you a Happy Valentines Day! And Happy Ash Wednesday!
So, Chapter 3 tackles about Recruitment and Termination in accordance to the Labor Code of the Philippines.
To dig deeper to this topic, here is the Chapter Outline of the report (Next Slide)
(READ THE SLIDE)
Under the HUMAN RESOURCE DEVELOPMENT, recruitment is defined as the (Read the slide)
In this definition, its is very generalize na when you are staffing, talent acquisition or attraction, sourcing and placing them to job, you are doing RECRUITMENT.
But when we talked about RECRUITMENT defined by the law, its kind of different. (NEXT SLIDE)
LABOR CODE OF THE PHILIPPINES, UNDER ARTICLE 13, defined the recruitment as (READ THE SLIDES)
TO FURTHER UNDERSTAND THE DEFINITION GAVE BY THE LAW, LETS CHOPCHOP THE WHOLE DEFINITION. (NEXT SLIDE)
With the use of MNEMONICS and BOLDING OF WORDS, here are the things I want to gave emphasis in this report.
With an act of:
Canvassing;
Canvassing means:- Approaching a company or an employer directly to request for employment, either before or after they advertise a vacancy
Enlisting;
which is the process or art of finding candidates for a post in an organization
Transporting; - Transporting means moving candidates from one stage of the recruitment process to another
Contracting; is the process of recruiting for companies for specific roles that are often specialized or short-term .
Hiring; Hiring means finding and selecting the best candidates for a job or a project
- Hiring involves various steps such as advertising, screening, interviewing, testing, and offering
Utilizing; Utilizing the available talent pool to find the best candidate
Procuring Workers, And;
Those outlined acts are requirement laid by our law to consider your act as RECRUITMENT. Any of the acts mentioned are the basis of the law to label an act as RECRUITMENT.
But we must take note that with those act, there must be an OFFER OR PROMISES FOR A FEE OR EMPLOYMENT TO A PERSON. LOCALLY OR ABROAD.
At to our next slide, I will be discussing the OBJECTIVES OF LABOR CODE IN RECRUITMENT (NEXT SLIDE)
As to the OBJECTIVES OF LABOR CODE IN RECRUITMENT
(read sa slides)
EXPLANATION
The goal is to increase the productivity, efficiency and well-being of the workforce and the economy. To promote and maintain a state of full employment means to ensure that most people who are willing and able to work can find a suitable job.
Ensuring that every worker has a fair and reasonable contract with their employer. Promoting the rights and interests of workers in the workplace and in society.
- To facilitate a free choice of available employment by person seeking work in conformity with the national interest means to help people find jobs that suit their skills and preferences, as well as the needs of the country. To protect every citizen by securing for him the best possible terms and condition of employment means to ensure that workers have fair wages, benefits, and working conditions, regardless of their occupation or employer.
.Regulation is the key to peace.
The rest the same na lang naman but to sum up and understand these objectives:
The objective of labor code in recruitment is:
- To ensure fair and transparent hiring practices that respect the rights and dignity of workers
- To promote equal opportunity and non-discrimination in the labor market
- To prevent and combat forced labor, child labor, human trafficking and other forms of exploitation
- To regulate the conditions and terms of employment contracts and the obligations of employers and employees
- To establish mechanisms for resolving disputes and grievances related to recruitment and employment
WITH LABOR CODE, WE NOT ONLY CONTROL THE RECRUITMENT IN THIS COUNTRY BUT WE ALSO PROTECT THE LIVES OF EVERY FILIPINO.
LABOR CODE STATES WHAT MAKES A RECRUITMENT ILLEGAL. NEXT SLIDE WILL BE THE DISCUSSION OF ILLEGAL RECRUITMENT (NEXT SLIDE).
ILLEGAL RECRUITMENT AS TO THE SECTION 6 OF REPUBLIC ACT NO. 8042, Illegal Recruitment is defined as the (read the slide)
Nalito ako dito
Upon checking earlier the syllabus, may naka assign naman na po dito sa topic ng Termination so I would guess na mali yung pagka-intindi ko. But continue ko pa rin to
