Saturday, November 8, 2008

On R.A. 8042

Below are excerpts from the Republic Act 8042 or the Migrant Workers and Overseas Filipinos Act of 1995.

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II. ILLEGAL RECRUITMENT

Sec. 6. DEFINITIONS. - For purposes of this Act, illegal recruitment shall mean any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, procuring workers and includes referring, contact services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-license or non-holder of authority contemplated under Article 13(f) of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines. Provided, that such non-license or non-holder, who, in any manner, offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. It shall likewise include the following acts, whether committed by any persons, whether a non-licensee, non-holder, licensee or holder of authority.

(a) To charge or accept directly or indirectly any amount greater than the specified in the schedule of allowable fees prescribed by the Secretary of Labor and Employment, or to make a worker pay any amount greater than that actually received by him as a loan or advance;

(b) To furnish or publish any false notice or information or document in relation to recruitment or employment;

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This provision is surely one that has been violated by the agency. The agency has overcharged us and collected the charges prematurely in violation of section (a) above.

8 comments:

  1. Yes indeed..thank you for posting this you enlighten the filipino teachers in louisiana. God bless..

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  3. illegal recruitment.... kung illegal yung pag recruit sa inyo, ibig sabihin hindi kayo legal sa pagtrabaho rin diyan? hala lagot!... hahahahahahaha

    ReplyDelete
  4. to anonymous,

    that is an erroneous logic you have there. if you came here via a recruitment method that is illegal it does not mean that your status here is illegal.

    this situation is in fact a good example. the work papers are ok so the status of most teachers are legal. however the process of recruitment is not, like the overcharging of placement fees, the exploitation and the excessive interest rates.

    ReplyDelete
  5. tambay pero rock? ano yan? teacher ka ba or tambay lang? paki explain nga.

    ReplyDelete
  6. concerned citizen --sbNovember 30, 2008 at 11:59 AM

    "illegal recruitment.... kung illegal yung pag recruit sa inyo, ibig sabihin hindi kayo legal sa pagtrabaho rin diyan? hala lagot!... hahahahahahaha"

    My take. Your logic is flawed. Your saying "teachers are here therefore the recruiting must be legal."
    What apparently is a serious situation and you are laughing and mocking them. Be serious.

    There are several steps in the recruitment process. Some of them legal in the eyes of the Philippine authorities and US authorities. There are few which are illegal such
    overcharging placement fees, etc.
    What is illegal is an unregistered placement agency charging a placement fee in the Philippines. Just because the owner of the Philippine-registered agency is related to the one in the US, that US-based agency can collect the placement fee. This is definitely illegal for
    this US-based placement agency under the Philippine Labor Code.

    Suppose the two agencies are unrelated and the US-based agency is asking for a placement fee.
    What would be your initial reaction? You will check in the POEA if this agency is legal, right?

    In the course of this analysis, any unregistered agency which accepts monetary fee for placement service in the Philippines is an illegal recruiter, by definition as per Philipppine labor code.

    Another test that you can apply is to remove the US-based agency from the equation. In the absence of the US-based agency, the teachers can still go to the US, with all the proper documentation in the Philippines and the US.
    In the eyes of the POEA, only Philippine based agencies-licensed and bonded can recruit Filipino workers from the Philippines. Non-Philippine agency can not do business with POEA.

    The big problem is the lack of transparency of financial transactions between the recruiters and the recruits. This whole mess can easily be solved by involving Philippine financial services like banks. No movement of money will occur directly from the recruits and the recruiters, i.e., no cash transactions. Only through banking institution can payment be allowed using an escrow account method. Only through this method will minimize cash transactions or under the table dealings.
    It is through this approch these type of transactions visible to POEA, NBI, and BIR.

    ReplyDelete
  7. thank you so much concerned citizen for the information. it is very helpful for all of us and a clearer insight for lulu. to tambay pero rock, cool ka lang. di mo ba nahalata na pilosopo lang si anonymous regarding illegal recruitment comment nya dtd 11-29-08. chill.

    ReplyDelete
  8. well ,it's good to know taht's someone outhere thoughthful enough to act in that kind of situation especially involving teachers taht had been said to be the molder of mass' values.

    ReplyDelete

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