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 a non-license or
non-holder of authority contemplated under Art 13 (F) of Presidential Decree
No. 442, as amended otherwise known as the Labor Code of the Philippines:
Provided, That any such non-licensee 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. (sec. 6, RA 8042).
It shall likewise include the following acts, whether committed by any persons,
whether a non-licensee, non-holder, licensee or holder of authority.
(a) To charge or accept directly or indirectly any amount greater than the
specified in the schedule of allowable fees prescribed by the Secretary of
Labor and Employment, 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 the Labor Code;
(d) To induce or attempt to induce a worker already
employed to quit his employment in order to offer him another unless the
transfer is designed to liberate a worker from oppressive terms and conditions
of employment;
(e) To influence or attempt to influence any persons or
entity not to employ any worker who has not applied for employment through his
agency;
(f) To engage in the recruitment of placement of
workers in jobs harmful to public health or morality or to dignity of the
Republic of the Philippines;
(g) To obstruct or attempt to obstruct inspection by
the Secretary of Labor and Employment or by his duly authorized representative;
(h) To fail to submit reports on the status of
employment, placement vacancies, remittances of foreign exchange earnings,
separations from jobs, departures and such other matters or information as may
be required by the Secretary of Labor and Employment;
(i) To substitute or alter to the prejudice of the
worker, employment contracts approved and verified by the Department of Labor
and Employment from the time of actual signing thereof by the parties up to and
including the period of the expiration of the same without the approval of the
Department of Labor and Employment;
(j) For an officer or agent of a recruitment or
placement agency to become an officer or member of the Board of any corporation
engaged in travel agency or to be engaged directly on indirectly in the management
of a travel agency;
(k) To withhold or deny travel documents from
applicant workers before departure for monetary or financial considerations
other than those authorized under the Labor Code and its implementing rules and
regulations;
(l) Failure to actually deploy without valid reasons as
determined by the Department of Labor and Employment; and
(m) Failure to reimburse expenses incurred by the
workers in connection with his documentation and processing for purposes of
deployment, in cases where the deployment does not actually take place without
the worker's fault. Illegal recruitment when committed by a syndicate or in
large scale shall be considered as offense involving economic sabotage.
Illegal recruitment is deemed
committed by a syndicate 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.
The persons criminally liable for
the above offenses are the principals, accomplices and accessories. In case of
juridical persons, the officers having control, management or direction of
their business shall be liable.