QuestionsQuestions (PRESIDENTIAL DECREE NO. 2018)
To further amend Articles 38 and 39 of the Labor Code by making illegal recruitment a crime of economic sabotage punishable with life imprisonment.
Articles 38 and 39 of Presidential Decree No. 442 (Labor Code of the Philippines) were amended.
Any recruitment activities, including prohibited practices under Article 34, undertaken by non-licensees on non-holders of authority shall be deemed illegal and punishable.
The Ministry of Labor and Employment (now DOLE) or any law enforcement officers may initiate complaints.
When committed by a syndicate or in large scale.
When carried out by a group of three (3) or more persons conspiring and/or confederating with one another in an unlawful or illegal transaction, enterprise, or scheme involving illegal recruitment.
When committed against three (3) or more persons, individually or as a group.
Life imprisonment and a fine of One Hundred Thousand Pesos (P100,000).
Imprisonment of not less than two (2) years nor more than five (5) years or a fine of not less than P10,000 nor more than P50,000, or both, at the court’s discretion.
Imprisonment of not less than four (4) years nor more than eight (8) years or a fine of not less than P20,000 nor more than P100,000, or both, at the court’s discretion.
The officer or officers responsible for the violation.
In addition to the prescribed penalties, the alien shall be deported without further proceedings.
There is automatic revocation of the license or authority and all permits and privileges granted under the Title.
They are forfeited in favor of the Overseas Employment Development Board (now POEA functions have been reorganized) or the National Seamen Board, to be used exclusively to promote their objectives.
If after investigation it is determined that the person’s activities are a danger to national security and public order or will lead to further exploitation, the Minister may cause arrest and detention of the non-license or non-holder of authority.
The Minister may order the search of the office or premises and seizure of documents, paraphernalia, properties, and other implements used in illegal recruitment; and may order closure of companies/establishments/entities engaged in recruitment for overseas employment without the required license or authority.
It takes effect immediately.