Question & AnswerQ&A (ADVISORY NO. 14, S. 2018)
Illegal Recruitment is any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers and includes referrals, contract services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-licensee or non-holder of authority under Article 13(1) of PD No. 442, as amended (Labor Code). Additionally, non-licensees who offer or promise employment abroad for a fee to two or more persons are deemed engaged in illegal recruitment.
LRAs are warned against acquiring the services of persons, sole proprietors, partnerships, or corporations that do not have a license to engage in the recruitment and placement of Overseas Filipino Workers on their behalf.
An LRA may conduct recruitment activities outside its registered address only upon requesting and obtaining a Special Recruitment Authority from the POEA prior to the recruitment activity, in compliance with Section 58, Rule VII, Part II, and must also comply with Special Recruitment Activity requirements under Section 59.
LRAs may participate in job fairs and conduct recruitment activities based on POEA-approved job orders provided that the organizer of the job fair has secured a valid permit from the Department of Labor and Employment (DOLE). The LRA must also submit prior written notification to the POEA with details including authorized representatives, venue, date, and list of principals/employers for monitoring and supervision.
The POEA supervises recruitment activities conducted by LRAs to ensure compliance with relevant rules. This includes monitoring recruitment activities conducted under Special Recruitment Authority and overseeing participation in job fairs in coordination with DOLE or PESO.
Non-compliance with the POEA Rules and Regulations governing the recruitment and employment of landbased Overseas Filipino Workers will be dealt with accordingly, which may include penalties, sanctions, or possible revocation of licenses.
Article 13(1) of PD No. 442 (Labor Code) requires recruitment agencies to secure a license to legally recruit and place Overseas Filipino Workers. Engaging in recruitment activities without the necessary license constitutes illegal recruitment under the law.
The prior written notification must include a list of authorized representatives participating in the job fair, the venue and date of the job fair, and a list of principals or employers involved, to enable proper monitoring and supervision by the POEA.
The public is encouraged to report any suspected cases of illegal recruitment to the Philippine Overseas Employment Administration for investigation and appropriate action.