2. Recruitment and
Pla cement
Definition
Recruitment and Placement
Any act of canvassing, enlisting, contracting, transporting,
utilizing, hiring or procuring of workers which includes
referrals, contract services, promising or advertising
for employment, locally or abroad, whether for profit or not.
Any person or entity which in any manner, offers or
promises, for a fee, employment to at least one person,
shall be deemed engaged in recruitment and placement.
4. Entities authorized
to enga ged in
Recruitment a nd
Pla cement:
Recruitment and Placement
Public employment offices, POEA, Private
Recruitment entities, Private Employment
Agencies, Shipping or
manning agents or representatives, persons or
entities authorized by the Secretary of DOLE,
Construction contractors
5. Direct-Hiring of OFWs –
Employers cannot directly hire workers
for overseas employment except
through authorized entities.
Reason: full regulation of employment
to avoid exploitation.
Recruitment and Placement
6. Exceptions
Recruitment and Placement
• School a nd civic, cha rita ble
orga niza tion or employers for their
own use;
• Direct hiring by diploma tic corps,
interna tiona l org, a nd other
employers a llowed by the
Secreta ry of La bor
7. Fees Paid By
W orkers
Genera l Rule:
Documenta tion Fee
Recruitment and Placement
: A placement fee may be charged against
OFW equivalent to 1 month basic salary
specified in the POEA approved contract,
except for the following:
The deployed OFW also need to shoulder the
payment for the processing of the following
documents (Passport, NBI, Barangay and Police
clearance, Authentication of birth certificate,
Medicare and Philhealth Trade test,
Immunization, Medical Certificate
A. DOMESTIC WORKERS; AND
B. WORKERS DEPLOYED TO COUNTRIES
WHERE THEYDO NOT ALLOW COLLECTION OF
PLACEMENT FEES (USA, NETHERLANDS,
IRELAND, UK, CANADA)
FEES SHOULDERED BYEMPLOYER: VISA, AIRPLANE TICKET, OWWA
MEMBERSHIP FEE, POEA PROCESSING FEES
8. For purposes of this Act, illegal recruitment shall
mean any act of canvassing, enlisting, contracting,
transporting, utilizing, hiring or procuring of workers
which includes referring, contractservices, promising
or advertising for employment abroad, whether for
profit or not, when undertaken by a nonlicens e or
nonholder 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 any such nonlicense or nonholder
who, in any manner, offers or promises for a fee
employment abroad for two or more persons shall be
deemed so engaged. It shall likewise include the
following acts, whether committed by any person,
whether a nonlicensee, nonholder,
licensee or holder of authority:
Illegal
Recruitment
Under Section 6, RA 8042
9. Definition of
Terms:
document issued by DOLE
authorizing a person or entity to private
employment agency,
LICENSE
means a document issued by
DOLE authorizing a person or association to
engage in recruitment and placement
activities as a private recruitment agency
AUTHORITY
means any person,
corporation or entity which has not been
issued a valid license or authority to
engage in recruitment and placement by the
Secretary of DOLE, or whose license
or authority has been suspended, revoked or
cancelled by the POEA or the
Secretary of Labor
NON-LICENSEE OR NON-
HOLDER OF AUTHORITY
10. A. Excessive Collection of placement fee
;
B. Misrepresentation in relation to recruitment or employment;
C. Misrepresentation for purposes of securing a license or authority under the Labor Code.
D. Inducement of a worker to quit his present employment for
another unless the transfer liberates a worker from oppressive terms and conditions of
employment;
E. Influencing or attempting to influence any person or entity not to employ any worker who has
not applied for employment through his agency;
F. Engagement in recruitment or placement of workers in jobs harmful to public health or
morality or to the dignity of the Republic of the Philippines;
G. Obstruction of inspection by the Secretary of Labor and Employment or by his duly
authorized representative;
11. H.Failure to submit reports required by the Secretary of Labor and Employment ;
I.Contract substitution
J. For an officer or agent of a recruitment or placement agency to engage in the business
of travel agency or in the management thereof;
K. Withholding or denying worker’s travel documents before departure for monetary
or financial consideration other than those authorized under the Labor Code and
its implementing rules and regulations;
L. Failure to actually deploy workers without valid reasons;
M. Failure to reimburse worker for processing and documentary expenses, in
cases where the deployment does not take without the worker’s fault.
12. Types of Illegal
Recruitment
Simple Illega l Recruiment
Illegal recruitment committed by a
licensee or non-licensee or a holder or
holder or non-holder of authority against
one or two persons only
MEANING
Recruitment and Placement
imprisonment of not less than 6 years and
1 day but not more than 12 years and a
fine of not less than P200,000 nor more
than P500,000 (5 years prescriptive
period)
PENALTY
13. Types of Illegal
Recruitment
Recruitment involving
Economic Sa bota ge
a. Syndicated Illegal Recruitment –
Illegal Recruitment committed by a
syndicate if carried out by a group of 3 or
more persons in conspiracy or collectively
with one another; and
b. Large Scale Illegal Recruitment –
Illegal Recruitment committed against 3
or more persons individually or as a group
MEANING
Recruitment and Placement
: life imprisonment and a fine of not less
than P500,000 but not more than
P1,000,000; Prescription: 20
years
PENALTY