Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 1920)
The main objective of Presidential Decree No. 1920 is to strengthen the campaign against illegal recruitment in the Philippines and to amend Article 38 of the Labor Code to better address this issue.
Illegal recruitment includes any recruitment activities undertaken by non-licensees or non-holders of authority, including prohibited practices enumerated under Article 34 of the Labor Code.
The Ministry of Labor and Employment or any law enforcement officers may initiate complaints under the amended Article 38 on illegal recruitment.
The Minister of Labor and Employment or duly authorized representatives have the power to arrest and detain non-licensees or non-holders of authority involved in illegal recruitment if their activities constitute a danger to national security and public order or may lead to exploitation of job-seekers. They can also order the closure of companies engaged in unauthorized recruitment for overseas employment.
Recruitment activities must be conducted by licensees or holders of authority to be considered legal according to this law.
The amendment authorizes the Minister of Labor and Employment to order the closure of companies, establishments, and entities that recruit workers for overseas employment without proper licensing or authorization.
Presidential Decree No. 1920 took effect immediately upon its signing on May 1, 1984.
They are deemed to be conducting illegal recruitment and are punishable under Article 39 of the Labor Code, and may be arrested and detained by authorities if their activities pose dangers as defined in the decree.
The decree references prohibited practices enumerated under Article 34 of the Labor Code, which generally include fraudulent or deceitful recruitment practices, but the exact prohibited acts are detailed within Article 34 itself.
The decree provides that illegal recruitment activities may constitute a danger to national security and public order, which empowers the Minister of Labor and Employment to take strong enforcement actions such as arrest, detention, and closure of offending establishments.