Law Summary
Classification and Aggravating Circumstances
- Illegal recruitment by a syndicate or on a large scale is considered economic sabotage.
- A syndicate is defined as a group of three or more persons conspiring together.
- Large scale illegal recruitment involves recruitment of three or more persons individually or as a group.
Powers of the Minister of Labor and Employment
- Authorized to arrest and detain persons involved in illegal recruitment after investigation.
- Can order the search of offices and premises, seizure of documents and materials.
- Has authority to close companies or entities engaged in unlicensed recruitment for overseas employment.
Penalties for Illegal Recruitment
- Life imprisonment and a fine of P100,000 if illegal recruitment amounts to economic sabotage.
- Licensed recruiters violating the law face imprisonment of 2 to 5 years, or fines ranging from P10,000 to P50,000, or both.
- Unlicensed or unauthorized persons face imprisonment of 4 to 8 years, or fines from P20,000 to P100,000, or both.
- Officers of corporations or entities responsible for violations are personally liable.
- Foreign officers guilty of violation will be deported in addition to penalties.
Consequences of Conviction
- Automatic revocation of license, authority, permits, and privileges granted under the law.
- Forfeiture of cash and surety bonds in favor of Overseas Employment Development Board or National Seamen Board.
- Bonds forfeited shall be used exclusively to promote the objectives of said boards.
Effective Date
- The decree takes effect immediately upon issuance.