FORMS OF ILLEGAL RECRUITMENT


 The following are considered acts of illegal recruitment under the RA 8042.

(a) Charging or accepting directly or indirectly any amount greater than the allowable fees set by the Department of Labor and Employment (DOLE)

(b) Furnishing or publishing any false notice or information or document with regard to recruitment or employment

(c) Giving any false notice, testimony, information or document or committing any act of misrepresentation for the purpose of securing a license or authority under the Labor Code

(d) Inducing a worker already employed to quit his/her employment in order to offer him/her another job unless the transfer is intended to free the worker from oppressive terms and conditions of employment

(e) Influencing any persons or entity not to employ any worker who has applied for employment through a different agency

(f ) Engaging in the recruitment of workers in jobs harmful to public health or morality or to the dignity of
the Philippines

(g) Obstructing inspection by the Secretary of Labor and Employment or by his duly authorized representative

(h) Failing 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 DOLE

(i) Substituting or altering to the prejudice of the worker employment contracts already approved and
verified by the DOLE 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 DOLE

(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) Withholding or denying 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 deploy workers without valid reasons as determined by the DOLE

(m) Failure to reimburse expenses incurred by the workers with regard to the documentation and processing done for the purposes of deployment in cases where deployment did not take place without the worker’s fault.

Source: PSI Migration and Women Health Workers Project