Define 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 manned,
offer promises for a fee, employment to two or more persons shall be deemed engaged in recruitment and placement.

Illegal recruitment and other prohibited activities

Illegal Recruitment and Prohibited Practices:
(1) Illegal recruitment under Article 38 is committed by a non-licensee or non-holder of authority by engaging in recruitment activity.
(2) Prohibited practices under Article 34 is committed by licensee or holder of authority.
-If the prohibited practices under Article 34 is committed by a non-licensee or non-holder of authority, the crime committed is illegal recruitment, and not
prohibited practices.

Elements

What are the Types of illegal recruitment?

There are 4 types of Illegal Recruitment:
1. SIMPLE illegal recruitment committed by a non-licensee or non-holder of authority
2. SIMPLE illegal recruitment committed by a licensee or holder of authority
3. Illegal recruitment committed by a SYNDICATE
• Elements when committed by a SYNDICATE:
1. Acts of Simple Illegal Recruitment
2. Committed BY 3 OR MORE persons conspiring and/or confederating with one another
4. Illegal recruitment committed IN A LARGE SCALE
• Elements when committed IN A LARGE SCALE:
1. Acts of Simple Illegal Recruitment
2. Committed AGAINST 3 OR MORE persons, individually or as a group .

Illegal recruitment vs. estafa

Can a person be charged and convicted separately for illegal recruitment and estafa for one act of illegal recruitment? YES.
For illegal recruitment, when it comes to illegal recruitment, you don't need to
prove that someone had the intention to commit a crime (criminal intent). It's
considered malum prohibitum, meaning it's wrong simply because it's
prohibited by law.
This also means that having good intentions or acting in good faith is not a
defense. In other words, even if someone didn't mean to break the law, they
can still be held responsible for illegal recruitment if they are found to have
engaged in it.

For estafa, In the case of estafa (a form of fraud), you do need to show that the
person had a criminal intent, meaning they intended to commit the crime.
Unlike illegal recruitment, where intent isn't necessary, estafa requires proof of
a wrongful intention.

On the bright side, if someone can demonstrate that they acted in good faith
(meaning they genuinely believed their actions were honest and not
1. Trickery or Breach of Trust: Estafa happens when someone tricks or deceives fraudulent), it may serve as a defense in an estafa case. So, intent matters, and
another person, or they abuse a position of trust. good faith can potentially be a protective factor.

2. Financial Harm: The deception or breach of trust must result in the victim or
someone else suffering measurable financial damage or loss.

Liability of local recruitment agency and foreign employer

What is Solidary liability?

• The nature of their liability is “solidary” or “joint and several” for any and all claims arising out of the employment contr act of OFWs.
• “The liability of the principal/employer and the recruitment/placement agency for any and all claims under this section shall be joint and several. This
provisions shall be incorporated in the contract for overseas employment and shall be a condition precedent for its approval. The performance bond to be
filed by the recruitment/placement agency, as provided by law, shall be answerable for all money claims or damages that may be awarded to th e workers. If
the recruitment/placement agency is a juridical being, the corporate officers and directors and partners as the case may be, shall themselves be jointly and
solidarily liable with the corporation or partnership for the aforesaid claims and damages.

Such liabilities shall continue during the entire period or duration of the employment contract and shall not be affected b y any substitution, amendment or
modification made locally or in a foreign country of the said contract.”
-Sec. 10, R.A. No. 8042
The employer and the recruitment agency share a joint and several liability, meaning they are collectively and individually responsible for any claims. This
arrangement must be included in the employment contract as a condition for approval, and the recruitment agency is required t o provide a performance bond
to cover potential damages or money claims by workers. Even if there are changes to the contract, the shared liability remains in place, and if the agency is
a legal entity, the individuals in charge are personally accountable along with the organization. This arrangemen t persists throughout the entire duration of
the employment contract.

What is Theory of imputed knowledge? The theory of imputed knowledge is like saying if someone is working on a deal
for you (let's call them the agent), whatever important information they know about
that deal is automatically considered as if you know it too, even if they don't tell
you. So, in the eyes of the rule, the knowledge of the agent is treated as if it's your
knowledge, at least for that particular deal.

Who are the Entities prohibited from recruiting?

Cancellation of license or authority

The theory of imputed knowledge is like saying if someone is working on a deal for you (let's call them the agent), whatever important information they know
about that deal is automatically considered as if you know it too, even if they don't tell you. So, in the eyes of the rule, the knowledge of the agent is treated
as if it's your knowledge, at least for that particular deal.

Termination of contract of migrant worker without just or valid cause

Ban on direct hiring, and exceptions

Employment of non-resident aliens

What is overtime overtime work?

What is compressed work week

What Flexible work arrangement

Alternative work arrangements?

What is Telecommuting program?

How to determine Rest periods?

What is Service charges?

What 13th month pay?

Parental leave for solo parents

Leave benefits