Understanding Illegal Recruitment

The Philippines is known as one of the biggest suppliers of workers worldwide. This reputation stems from the high preference given to Filipino laborers. Recognized for their competence and superb communication skills, Filipino workers often receive higher wages or salaries compared to Thai, Indonesians, Indians and Chinese employees. Unfortunately, such scenario also paves way for the rise of illegal recruitment and human trafficking incidents in the country. This problem is not only rampant among overseas workers but also to those who are working locally.

What is illegal recruitment?

Under Article 13 of the Philippine Labor Code, “recruitment and placement” refers to any activity that includes the canvassing, utilizing, hiring or procuring workers. In addition, any individual who is engaged in providing referrals, contract services as well as promising and advertising any employment opportunity, whether locally or abroad, for profit or not, are also considered as recruitment and placement. There is also recruitment and placement if an individual collects fees in exchange for providing employment.
Thus, in accordance with Article 34, there is illegal recruitment if both licensees, non-licensees, holders of authority and non-holders of authority engage in the following activities:

1. Direct or indirect charges or acceptance of any fee that is larger than the ones permitted by the Secretary of Labor. It is also unlawful to compel laborers to pay any fee that is greater than the amount that he or she could have received as a loan or advance.
2. Publishing false employment advertisements or notices constitutes of illegal recruitment.
3. Submitting fabricated documents to obtain a license.
4. Unless the purpose is to free the worker from an unhealthy and oppressive working environment, it is illegal to induce or attempt to induce a worker to leave his or her present employer in order to transfer to another.
5. Similarly, it is prohibited to influence any potential employer not to hire a worker simply because he or she is not part of one’s employment agency.
6. Recruiting and placing workers in jobs that would expose them to health hazards and upset the Filipinos moral values are illegal.
7. Preventing the Secretary of Labor as well as its authorized representatives from conducting an inspection is punishable by law.
8. It is also unlawful not to submit the documents required by the Secretary of Labor such as employment status, placement vacancies, foreign remittances, job separations and departures.
9. Substituting and modifying employment contracts are permitted only if it approved by the Secretary of Labor.
10. Holding government positions as well as being directly or indirectly involved in managing travel agencies are not permitted.
11. Lastly, it is unlawful for one to prevent the departure of any worker due to financial or monetary reasons, except for instances authorized by the law.