WHAT IS ILLEGAL RECRUITMENT?

PREPARED BY: JICHI RHOU PATRIMONIO AND JOELMAR GRECIA

ENJOY !
ILLEGAL RECRUITMENT IS
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 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).
 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.
 SOURCE: http://www.moscowpe.dfa.gov.ph
What are the penalties for
illegal recruitment?
 (a) Any person found guilty of illegal
recruitment shall suffer the penalty
of imprisonment of not less than six
(6) years and one (1) day but not
more than twelve (12) years and a
fine not less than two hundred
thousand pesos (P200,000.00) nor
more than five hundred thousand
pesos (P500,000.00).

 Source: http://www.moscowpe.dfa.gov.ph
Cyber-recruiter victimizing
nurses arrested in Manila
 MANILA, Philippines — A fraudster using the Internet to
offer non-existent nursing jobs in London was finally arrested
while claiming money deposited by one of his victims at a
pawnshop in Manila. The National Bureau of Investigation
(NBI) said Wilfredo Isaac, 35, used spoofed e-mails to hook
in several victims, having them transfer money to him through
their mobile phones. Interestingly, Isaac, a resident of 133 Lot
15, Shihanok Village, Coral Bells in Las Piñas City, is a
registered nurse himself, the NBI said in its website
(www.nbi.gov.ph) Friday. A composite team from the NBI and
Anti-Money Laundering Council arrested him at a pawnshop
along F.B. Harrison in Manila Thursday while claiming money
from a G-Cash outlet.
 Members of the arresting team were armed with an arrest
warrant issued by the Manila Regional Trial Court Branch 30
for illegal recruitment and estafa (fraud). NBI Anti-Fraud and
Computer Crimes Division head Vicente de Guzman III said
the case against Isaac stemmed from complaints lodged by
victim nurses. Investigation showed Isaac would entice
prospective nurses to work in London by sending them e-
mails to apply for overseas employment. The prospective
victims would be informed they must first attend a "British
Language Seminar" allegedly sponsored by Homewatch
Caregiver International and the National Council for Appliative
Care. Also, the prospective nurses were told to seek a
coordinator for the seminar and pay P2,500 to P6,000
through bank ATM cards, G-Cash wallet and Smart Padala.
 Further investigation also showed Isaac used several mobile
phone subscriber identity module (SIM) cards to register
fictitious G-Cash accounts. "The money is transferred from
one registrant to another until it reaches the last one who
would withdraw the money at the Smart or G-Cash or at their
accredited outlets," the NBI said. Investigation also showed
the G-Cash system had blocked his initial G-Cash account
after Globe Telecom received complaints from his victims. He
then set up fake accounts using names like Paul Almanza
Sauer and Cyrus Ramos Villanueva.
 When NBI and AMLC agents arrested Isaac,
they found in his possession several IDs with
different names but with the same photos.
They also seized from him several SIM cards
of Globe and PLDT prepaid wireless cards,
bank checkbooks, Social Security System
IDs, and mobile phones. Isaac now faces
charges of using fictitious names,
falsification, and violation of the Anti-Money
Laundering Act. He is now detained at the
NBI jail. - GMANews.TV ––
ADVERTISEMENT ––
 Source:https://www.gmanetwork.com/news/
 (b) The penalty of life imprisonment and a fine
of not less than five hundred thousand pesos
(P500,000.00) nor more than one million pesos
(P1,000,000.00) shall be imposed if illegal
recruitment constitutes economic sabotage as
defined herein.

 Provided, however, that the maximum penalty

shall be imposed if the person illegally recruited
is less than eighteen (18) years of age or
committed by a non-licensee or non-holder of
authority.
 SOURCE: http://www.moscowpe.dfa.gov.ph
Types of Illegal Recruitment
 The types of illegal recruitment under the
Labor Code are the following:
 1. Simple illegal recruitment 1.
 2. Illegal recruitment considered as an
offense involving economic sabotage which
can be further classified to:
 a. Illegal recruitment committed by a
syndicate;
 b. Illegal recruitment committed in a large
scale.
 SOURCE: http://pmmagsmartech.blogspot.com
How to Avoid Cyber Illegal
Recruitment
1. Apply only with licensed recruitment
agencies. Do not apply with consultancy
firms, training centers, travel agencies,
and foundations that promise jobs
abroad.
2. Check with POEA whether the
position you are applying for has an
approved job order.
3. Transact only with authorized
representative(s) of a licensed agency.

4. Transact business only at the

registered address of the agency.

5. Pay only the allowed placement fee.

It should be equivalent to one month
salary, except in cases where charging
of such fees is prohibited.
 6. Pay the placement fee only after you have signed
 an employment contract. Demand an official receipt
reflecting the actual amount paid and purpose for
which payment was made.

7. Be wary of job offers through the internet that

require applicants to immediately remit payment for
intended visa, airfare, and processing costs.

8. Be wary of ads or brochures requiring you to

reply and to enclose payment for application forms
and processing of papers.

9. Make sure that you have the appropriate

work visa/permit. Be wary of job offers
using tourist or visit visas.

10. Transact directly with government offices and

personnel. Never deal with fixers.

SOURCE:https://www.jobstreet.com.ph