Coercive, unfair or deceptive recruitment Corporate criminal liability Criminal liability Debt bondage Economic sanctions Employment contracts Retention of travel and identification documents
Section 7 establishes a basic penalty for illegal recruitment of 12 to 20 years of imprisonment and a fine ranging from 1 million to 2 million pesos. This penalty can be increased to life imprisonment and up to 5 million pesos, if the act of illegal recruitment is considered to constitute economic sabotage. The provision further penalises the commission of any of the prohibited acts listed in Section 6, with a penalty ranging from 6 to 12 years of imprisonment and a 500,000 to 1 million pesos fine. Conviction will cause the automatic cancellation of the recruitment agency’s license.
Section 7. Penalties.
(a) Any person found guilty of illegal recruitment shall suffer the penalty of imprisonment of not less than twelve (12) years and one (1) day but not more than twenty (20) years and a fine of not less than One million pesos (P1,000,000.00) nor more than Two million pesos (P2,000,000.00)
(b) The penalty of life imprisonment and a fine of not less than Two million pesos (P2,000,000.00) nor more than Five million pesos (P5,000,000.00) shall be imposed if illegal recruitment constitutes economic sabotage as defined therein. Provided, however, That the maximum penalty shall be imposed if the person illegally recruited is less than eighteen (18) years of age or committed by a non- licensee or non-holder of authority.
(c) Any person found guilty of any of the prohibited acts shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day but not more than twelve (12) years and a fine of not less than Five hundred thousand pesos (P500,000.00) nor more than One million pesos (P1,000,000.00).””If the offender is an alien, he or she shall, in addition to the penalties herein prescribed, be deported without further roceedings. In every case, conviction shall cause and carry the automatic revocation of the license or registration of the recruitment/manning agency, lending institutions, training school or medical clinic.
Law / Philippines / Migrant Workers and Overseas Filipinos Act of 1995 (as Amended by Republic Act No. 10022)
This Act provides comprehensive measures for the increased protection of Filipino migrant workers. “Migrant worker” (as defined by Section 3 (a)) refers to a person who is to be engaged, is engaged or has been engaged in a remunerated activity in a state of which he or she is not a legal resident (the term is used interchangeably with overseas Filipino worker (OFW)).
The Act was enacted primarily to address fraudulent recruitment practices. Part II defines and sets forth penalties for the illegal recruitment of Filipinos for work overseas, and stipulates severe penalties of imprisonment and fines. The Act also institutes joint and several liability of the principal/employer and the recruitment agency for any monetary claims arising out of an employment relationship or by virtue of any law or contract involving Filipino workers for overseas deployment, including claims for damages.
The Act seeks to protect migrant workers by providing that OFWs shall only be deployed to countries where their rights are sufficiently protected. The act also introduces a process of terminating or banning deployment of Filipinos to countries that do not have an adequate standard protecting the human, labor, and social rights of migrant workers.
This Act also ensures free access to justice and legal assistance for OFWs, and sets the role of government agencies in promoting the welfare and rights of migrant workers.