Article 39

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Coercive, unfair or deceptive recruitment Corporate criminal liability Criminal liability

Article 39 sets out the penalties applicable to the offence of illegal recruitment.

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Article 39. Penalties.

The penalty of life imprisonment and a fine of One Hundred Thousand Pesos (P1000,000.00) shall be imposed if illegal recruitment constitutes economic sabotage as defined herein;

Any licensee or holder of authority found violating or causing another to violate any provision of this Title or its implementing rules and regulations shall, upon conviction thereof, suffer the penalty of imprisonment of not less than two years nor more than five years or a fine of not less than P10,000 nor more than P50,000, or both such imprisonment and fine, at the discretion of the court;

Any person who is neither a licensee nor a holder of authority under this Title found violating any provision thereof or its implementing rules and regulations shall, upon conviction thereof, suffer the penalty of imprisonment of not less than four years nor more than eight years or a fine of not less than P20,000 nor more than P100,000 or both such imprisonment and fine, at the discretion of the court;

If the offender is a corporation, partnership, association or entity, the penalty shall be imposed upon the officer or officers of the corporation, partnership, association or entity responsible for violation; and if such officer is an alien, he shall, in addition to the penalties herein prescribed, be deported without further proceedings;

In every case, conviction shall cause and carry the automatic revocation of the license or authority and all the permits and privileges granted to such person or entity under this Title, and the forfeiture of the cash and surety bonds in favor of the Overseas Employment Development Board or the National Seamen Board, as the case may be, both of which are authorized to use the same exclusively to promote their objectives.

Law /Philippines / Labour Code (Presidential Decree No. 442 of 1974, as amended)

The Labour Code regulates the employment of all workers, except certain excluded categories, and may be used to hold both individual and corporate employers to account for violations of labour rights. Under the Code, breaches declared to be unlawful or penal in nature, are penalised with 3 months to 3 years of imprisonment, a fine ranging from 1,000 to 10,000 pesos, or both. The Labour Code provides some rights and protections for workers, such as provisions regarding working hours, weekly rest, health and safety, minimum wages, and against wage manipulation and the witholding of wages. The Labour Code excludes domestic workers from its scope of application, and thus from the protections afforded to other workers. This major loophole was addressed through the enactment of the Domestic Workers Bill in 2013, which instituted a number of protections for domestic workers, including minimum wages, social security, leave entitlements, and protection against abuse, violence or harassment.