Recruitment and Placement Private recruitment entities: These are

organizations or companies that specialize in

involves various actions like advertising for
recruiting and placing workers.
jobs, hiring workers, and arranging for their
transportation or contracts. It also covers Shipping or manning agents or
services related to job referrals and promises representatives: These are agencies that
of employment, whether done for profit or handle the recruitment and placement of
not. it's the process of finding and hiring workers for jobs on ships or in maritime
people for jobs, including all the steps from industries.
advertising the job to actually employing
POEA (Philippine Overseas Employment
someone.
Administration): This is a government
agency responsible for regulating and
overseeing overseas employment.
Persons Deemed Engaged in Recruitment
and Placement: Construction contractors if authorized by
the DOLE (Department of Labor and
if someone or a company offers or promises
Employment): In some cases, construction
jobs to two or more individuals and charges
contractors may be allowed to recruit and
a fee for this service, they are considered to
place workers, but only if they have been
be involved in recruitment and placement
authorized by the Department of Labor and
according to the Labor Code.
Employment.

Private Recruitment
The POEA's
according to Article 16 of the Labor Code,
the POEA's main job is to help Filipino
only public employment offices are allowed
workers find good jobs abroad while making
to recruit and place workers. Private
sure they are treated fairly and protected.
individuals or entities are generally not
They work with different groups to create
allowed to engage in this activity.
job opportunities, keep track of Filipino
workers overseas, and support their return to
the Philippines when they're done working
Exception: abroad. Overall, they aim to ensure that
Public employment offices: These are Filipino migrant workers have access to
government-run offices responsible for decent employment and are well taken care
helping people find jobs. of while working abroad.

Private employment offices: Similar to

public offices, but privately owned and
operated.

Principal Functions of the

POEA: employers follow international laws that
protect migrant workers' rights.
Protecting Filipino workers: Making sure
Filipino workers are treated fairly and not With international companies: OFWs can
taken advantage of by employers. work for companies with operations abroad,
but these companies must adhere to specific
Regulating recruitment agencies: Setting
standards and conditions outlined in their
rules and licenses for companies that help
contracts, as set by the Philippine Overseas
Filipinos find jobs abroad to ensure they
Employment Administration (POEA), and
operate ethically.
meet internationally-accepted labor
Deploying workers: Sending Filipino standards.
workers abroad through government-to-
Private Sector Participation in the
government agreements.
Recruitment and Placement of Workers:
Managing overseas employment: Planning
The private sector, which includes
and overseeing Filipino workers' jobs abroad
companies and agencies not run by the
while considering their well-being and the
government, can be involved in hiring and
needs of the Philippines.
placing workers both within the country and
Educating workers: Informing Filipino overseas. However, they must follow
workers about their rights and how to specific guidelines, rules, and regulations set
protect themselves from exploitation, and by the Secretary of Labor and Employment
providing support if their rights are violated. (SOLE) to ensure fair and ethical practices
in recruitment and placement.
Fighting illegal recruitment: Working with
other agencies to stop illegal practices by
recruiters who take advantage of Filipino
Validity of License to Recruit:
workers.
The validity of a license to recruit workers
depends on whether it’s for local or overseas
Deployment of OFWs employment:
the government allows Overseas Filipino For local employment: The license is valid
Workers (OFWs) to work in certain for three years from the date it’s issued,
conditions: unless it’s revoked or canceled earlier.
In countries that protect their rights:
OFWs can only be deployed to countries
For overseas employment: A regular
where their rights as workers are respected
license is valid for up to four years from the
and safeguarded.
date a provisional license was issued.
• The POEA issues a provisional license to
On ships and offshore installations: They recruitment agencies, which is valid for two
can work on vessels at sea or on structures years. During this time, if the agency
like oil rigs, but only if the owners or successfully deploys at least one hundred
workers to new employers, the POEA may
upgrade the provisional license to a regular • Anyone, whether an individual,
license. It’s important to note that a corporation, or entity, who has not been
provisional license does not allow given a proper license or authority by the
recruitment for domestic employment Secretary of Labor and Employment (SOLE)
to engage in recruitment and placement.
• Anyone whose license or authority has
Fees to be paid by workers:
been suspended, revoked, or canceled by the
General Rule : According to Article 32 of Philippine Overseas Employment
the Labor Code, if you’re seeking help from Administration (POEA) or the Secretary of
a private employment agency that charges Labor and Employment.
fees, you shouldn’t have to pay anything.
However, there are exceptions:
Art. 34 Prohibited Practices
• If the agency helps you find a job and you
actually start working because of their •Charging or accepting any amount greater
efforts, then you may be required to pay a than what is specified in the schedule of
fee. allowable fees set by the Secretary of Labor.
It’s also illegal to make a worker pay more
•Once you’ve started working, if the agency
than what they actually received as a loan or
helped you get the job, they might ask for
advance.
payment for their services.
• Providing or publishing false notices,
information, or documents related to
Fees chargeable to the Worker: recruitment or employment.
Placement fee: This fee is typically equal to •Giving false notices, testimonies,
one month’s basic salary of the worker. information, or documents, or engaging in
misrepresentation to obtain a license or
Documentation costs: These are fees authority under the Labor Code.
associated with processing necessary
documents for employment.
•Trying to persuade a worker who is already
employed to quit their job so that they can
Membership with PhilHealth, Pag-IBIG, be offered to work elsewhere, unless the
and SSS: Workers may be required to pay transfer is aimed at freeing the worker from
for membership with these government unfair or oppressive working conditions.
agencies, which provide health insurance,
housing, and social security benefits, •Influencing or attempting to influence any
respectively. person or entity not to hire a worker who
hasn’t applied for a job through their agency.
•Engaging in the recruitment or placement
Suspension and/or Cancellation of of workers in jobs that are harmful to public
License or authority Who is a Non- health or morality or that go against the
Licensee or Non-Holder of Authority? dignity of the Philippines.
•Trying to hinder or prevent inspection by So, the agreement to pay her less money
the Secretary of Labor or their authorized wasn’t allowed. It’s something bad bosses
representatives. sometimes do to take advantage of workers
• Failing to submit reports about
employment status, job vacancies, foreign
Why na void yung side agreement
exchange earnings, job separations,
departures, or any other required Labag sa batas: yung agreement nung
information to the Secretary of Labor. petitioner at nung japanese employer na
bawasan yung sahod nya is labag sa batas
• Changing or modifying employment
kase hindi pinayagan sa inaproved na
contracts that have been approved and
standard employment contract
verified by the Department of Labor, from
the time they are signed by both parties until Hindi sumunod sa policy ng POEA: yung
they expire, without the approval of the orginal standard employment contract na
Secretary of Labor. inaproved ng POEA yung dapat sundan and
yung anything na pag babago sa contract is
•Holding a position as an officer or board
need ng approval from POEA, na hindi
member of any corporation involved in a
nagawa para doon sa side agreement.
travel agency, or being involved in
managing a travel agency, either directly or Abuse to laborer: Yung pag payag nung
indirectly. petitioner sa pag kaltas nung sahod nya is
nag cause ng pang aabuso sakanya bilang
•Refusing to provide travel documents to
isang laborer
workers who are applying to work abroad,
before their departure, in exchange for Illegal recruitment
money or financial incentives that are not
authorized under the Labor Code and its Is when someone tries to hire people for jobs
implementing rules. in a way that breaks the law. This includes
doing things that are not allowed by the
rules listed in Article 34 of the Labor Code.
It happens when people or companies who
Problem situation
don't have the right permission try to hire
In the case of Chavez vs. Bonto-Perez, the workers.
problem was about an extra agreement
Elements
between Chavez and her Japanese boss. This
agreement said Chavez would get less 1. Illegal recruitment happens when
money each month - $750 instead of $1,500. someone without the proper license tries to
hire workers.
The court said this extra agreement wasn't
okay. It broke the rules and wasn’t fair. 2. •It includes actions like advertising jobs,
Chavez should have been paid $1,500 every promising employment abroad, or other
month, as per the official work contract activities listed in the law.
approved by the POEA.
•This applies whether the person is trying to
make money or not.
 The general rule is that a local recruitment
agency shares liability with its foreign-based
Two kinds of illegal recruiters include:
employer for any breaches of the
•Non-licensee or Non-holder of Authority: recruitment agreement or employment
contracts. However, if the workers
Engages in acts defined under Article 13(b) themselves insist on returning to their
of the law. Engages in any prohibited foreign employer despite knowing that it
practices. may not be able to pay their wages, the
•Licensed or Holder of Authority: agency is not held responsible.

Commits any of the prohibited practices,

despite having the required license or Question
authority.
Harrietta Roque was deployed to China after
paying the required placement fee. However,
Type if illegal recruitment her employer took her passport and instead
of working as a saleslady, she was forced to
Simple: Occurs when a licensee/non- work as a domestic
licensee or holder/non-holder of authority
engages in recruitment activities defined helper contrary to the agreed salary
under Article 13(b) or any prohibited approved by the POEA. She worked without
practices. compensation for two years because of her
employers’ continued failure and refusal to
Syndicated: Involves a syndicate, where a pay her salary despite demand. When she
group of three(3) or more people conspire or finally returned to the Philippines, she filed
work together to commit illegal recruitment. a complaint against the local agency that
Large Scale: Involves illegal recruitment recruited her. Should the suit prosper?
against three (3) or more individuals either
individually or as a group.
Answer
the suit should prosper. Harrietta Roque was
Proof of illegal recruitment deceived by her employer in China who
illegal recruitment occurs when someone took her passport and forced her to work as
makes it seem like they can help you find a a domestic helper instead of the agreed
job overseas. This could involve promising saleslady position. Additionally, she wasn't
or offering you employment, either locally paid for two years despite demands. Since
or abroad, even if they don't have the the local agency recruited her, they are
authority to do so. responsible for ensuring she is treated fairly
according to the agreed terms, which didn't
happen in this case.
Liability of local recruitment agency: •under Section 1 (f) Rule II, Book II of the
1991 POEA Rules and Regulations, the
local agency is jointly and solidarily liable
with the employer for all claims and Duration of Permit
liabilities arising from the contract,
•The permit is initially valid for one year
including payment of wages, health benefits,
from the date it's issued.However, it can be
and repatriation. This ensures that the
canceled by the Secretary of Labor before
worker is properly compensated and
the year ends if necessary.
protected, aligning with the state's policy to
safeguard the rights of workers. •If there's a good reason, it can be extended
for another year upon renewal.
•Once issued to a specific employer, it
Money claims of ofw
cannot be transferred to someone else
If an overseas worker loses their job unfairly,
they are entitled to two things:
• They get back all the money they paid to
the agency that got them the job, plus 12%
interest per year.
• They receive either their salary for the
remaining time on their contract or three
months' salary for every year left on the
contract, whichever is less.

Employment of Aliens: Requisites for

Employment of
Non-Resident Aliens
To hire foreigners to work in the Philippines,
the employer must follow these rules:
•Get a working permit from the Department
of Labor and Employment (DOLE).
•Prove that there are no Filipinos who can
do the job.
•The foreigner must train at least two
Filipino workers to eventually take over the
job.
•For companies registered in special
investment areas, they need an employment
permit recommended by the government
agency overseeing that area.