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recruitment-philippines

ILLEGAL
RECRUITMENT
~
HUMAN
TRAFFICKING

Submitted by: Fernandez, Frank Napoleon P.

 Definition
• Illegal Recruitment
Any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring,
procuring workers and includes referring,
contact 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
the Labor Code of the Philippines. Provided,
that such non-license 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.
(RA 10022, Sec. 5)
Human Trafficking
Refers to the recruitment, obtaining, hiring,
providing, offering, transportation, transfer,
maintaining, harboring, or receipt of persons with
or without the victim’s consent or knowledge,
within or across national borders by means of
threat, or use of force, or other forms of coercion,
abduction, fraud, deception, abuse of power or of
position, taking advantage of the vulnerability of
the person, or, the giving or receiving of payments
or benefits to achieve the consent of a person
having control over another person for the purpose
of exploitation which includes at a minimum, the
exploitation or the prostitution of others or other
forms of sexual exploitation, forced labor or
services, slavery, servitude or the removal or sale of
organs. (RA 10364, Sec. 3)
 Definition
• Illegal Recruitment
Any recruitment activities, including the
prohibited practices enumerated under
Article 34 of this Code, to be undertaken
by non-licensees or non-holders of
authority.
(Labor Code of the Philippines, Sec. 38)
Human Trafficking
The recruitment, transportation, transfer,
harboring, adoption or receipt of a child
for the purpose of exploitation or when the
adoption is induced by any form of
consideration for exploitative purposes
shall also be considered as ‘trafficking in
persons’ even if it does not involve any of
the means set forth in the preceding
paragraph.
 Prohibited Acts
Illegal Recruitment
1. To charge or accept directly or indirectly any
amount greater than that specified in the schedule of
allowable fees prescribed by the Secretary of Labor
and Employment, or to make a worker pay or
acknowledge any amount greater than that actually
received by him as a loan or advance
2. To furnish or publish any false notice or information
or document in relation to recruitment or employment
3. 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, or for the purpose of documenting hired workers
with the POEA, which include the act of reprocessing
workers through a job order that pertains to nonexistent
work, work different from the actual overseas work, or
work with a different employer whether registered or not
with the POEA;
Human Trafficking
1. To recruit, obtain, hire, provide, offer, transport,
transfer, maintain, harbor, or receive a person by any
means, including those done under the pretext of
domestic or overseas employment or training or
apprenticeship, for the purpose of prostitution,
pornography, or sexual exploitation
2. To introduce or match for money, profit, or material,
economic or other consideration, any person or, as
provided for under Republic Act No. 6955, any Filipino
woman to a foreign national, for marriage for the
purpose of acquiring, buying, offering, selling or
trading him/her to engage in prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage
3. To offer or contract marriage, real or simulated, for the
purpose of acquiring, buying, offering, selling, or trading
them to engage in prostitution, pornography, sexual
exploitation, forced labor or slavery, involuntary servitude
or debt bondage
 Prohibited Acts
Illegal Recruitment
4. To include 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
5. To influence or attempt to influence any person or
entity not to employ any worker who has not applied
for employment through his agency or who has
formed, joined or supported, or has contacted or is
supported by any union or workers' organization
6. To engage in the recruitment or placement of
workers in jobs harmful to public health or morality
or to the dignity of the Republic of the Philippines
• Human Trafficking
4. To undertake or organize tours and travel
plans consisting of tourism packages or
activities for the purpose of utilizing and
offering persons for prostitution, pornography
or sexual exploitation
5. To maintain or hire a person to engage in
prostitution or pornography
6. To adopt persons by any form of
consideration for exploitative purposes or to
facilitate the same for purposes of prostitution,
pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage
 Prohibited Acts
Illegal Recruitment
7. To fail to submit reports on the status of
employment, placement vacancies, remittance of
foreign exchange earnings, separation from jobs,
departures and such other matters or information as
may be required by the Secretary of Labor and
Employment;
8. 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
9. 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 or indirectly in the
management of travel agency
• Human Trafficking
7. To adopt or facilitate the adoption of persons
for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage
8. To recruit, hire, adopt, transport, transfer,
obtain, harbor, maintain, provide, offer, receive
or abduct a person, by means of threat or use
of force, fraud, deceit, violence, coercion, or
intimidation for the purpose of removal or sale
of organs of said person
9. To recruit, transport, obtain, transfer, harbor,
maintain, offer, hire, provide, receive or adopt
a child to engage in armed activities in the
Philippines or abroad
 Prohibited Acts
Illegal Recruitment
10. To withhold or deny travel documents from
applicant workers before departure for monetary
or financial considerations, or for any other
reasons, other than those authorized under the
Labor Code and its implementing rules and
regulations;
11. Failure to actually deploy a contracted worker
without valid reason as determined by the
Department of Labor and Employment
12. Failure to reimburse expenses incurred by the
worker 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 an offense
involving economic sabotage
• Human Trafficking
• 10. To recruit, transport, transfer, harbor, obtain,
maintain, offer, hire, provide or receive a person
by means defined in Section 3 of this Act for
purposes of forced labor, slavery, debt bondage
and involuntary servitude, including a scheme,
plan, or pattern intended to cause the person
either:
• “(1) To believe that if the person did not
perform such labor or services, he or she or
another person would suffer serious harm or
physical restraint; or
• “(2) To abuse or threaten the use of law or the
legal processes
 Prohibited Acts
Illegal Recruitment
13.  To allow a non-Filipino citizen to head or manage
a licensed recruitment/manning agency
Illegal recruitment is deemed committed by a syndicate
if 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.
14. Grant a loan to an overseas Filipino worker with
interest exceeding eight percent (8%) per annum,
which will be used for payment of legal and allowable
placement fees and make the migrant worker issue,
either personally or through a guarantor or
accommodation party, postdated checks in relation to
the said loan
• Human Trafficking
•11. To recruit, transport, harbor, obtain, transfer,
maintain, hire, offer, provide, adopt or receive a child for
purposes of exploitation or trading them, including but
not limited to, the act of baring and/or selling a child for
any consideration or for barter for purposes of
exploitation. Trafficking for purposes of exploitation of
children shall include:
•“(1) All forms of slavery or practices similar to slavery,
involuntary servitude, debt bondage and forced labor,
including recruitment of children for use in armed
conflict;
•“(2) The use, procuring or offering of a child for
prostitution, for the production of pornography, or for
pornographic performances;
•“(3) The use, procuring or offering of a child for the
production and trafficking of drugs; and
•“(4) The use, procuring or offering of a child for illegal
activities or work which, by its nature or the
circumstances in which it is carried out, is likely to harm
their health, safety or morals
 Prohibited Acts
Illegal Recruitment
15. Impose a compulsory and exclusive
arrangement whereby an overseas Filipino worker
is required to avail of a loan only from
specifically designated institutions, entities or
persons
16. Refuse to condone or renegotiate a loan
incurred by an overseas Filipino worker after the
latter's employment contract has been prematurely
terminated through no fault of his or her own
17. Impose a compulsory and exclusive
arrangement whereby an overseas Filipino worker
is required to undergo health examinations only
from specifically designated medical clinics,
institutions, entities or persons, except in the case
of a seafarer whose medical examination cost is
shouldered by the principal/shipowner
• Human Trafficking
12.  Facilitating the travel of a child who travels
alone to a foreign country or territory without
valid reason therefor and without the required
clearance or permit from the Department of
Social Welfare and Development, or a written
permit or justification from the child’s parent or
legal guardian
13. Executing, for a consideration, an affidavit of
consent or a written consent for adoption
14. Recruiting a woman to bear a child for the
purpose of selling the child
15. Simulating a birth for the purpose of selling
the child
 Prohibited Acts
Illegal Recruitment • Human Trafficking
18. Impose a compulsory and exclusive arrangement 16.  Soliciting a child and acquiring the custody
whereby an overseas Filipino worker is required to thereof through any means from among hospitals,
undergo training, seminar, instruction or schooling clinics, nurseries, daycare centers, refugee or
of any kind only from specifically designated evacuation centers, and low-income families, for the
institutions, entities or persons, except fpr purpose of selling the child.
recommendatory trainings mandated by
principals/shipowners where the latter shoulder the
cost of such trainings
19,. For a suspended recruitment/manning agency to
engage in any kind of recruitment activity including
the processing of pending workers' applications
20. For a recruitment/manning agency or a foreign
principal/employer to pass on the overseas Filipino
worker or deduct from his or her salary the payment
of the cost of insurance fees, premium or other
insurance related charges, as provided under the
compulsory worker's insurance coverage
 Conclusion
Illegal Recruitment • Human Trafficking
-Not all Illegal Recruitment acts are -All Human Trafficking acts start out at
preparatory for Human Trafficking Illegal Recruitment
-Illegal Recruitment lack compliance with -Human Trafficking intentionally recruit
government regulations or unlawful practices. persons for unlawful, immoral, and against
-There is unjust compensation, violation of good custom practices for the purpose of
social justice and good customs, or violation of sex exploitation, forced labor trafficking,
contract or sale of human organs.
-Occurs abroad or local if due to a false -There is enticement, violence,
promise of employment. intimidation or threat, use of force or
coercion, including deprivation of
freedom, abuse of authority or moral
ascendancy, debt-bondage or deception.
- Occurs both across borders and within a
country