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Article 39. Penalties

This document outlines penalties for illegal recruitment in the Philippines. It states that recruitment by non-licensed individuals is illegal and punishable by law. Illegal recruitment is considered an offense if conducted by a group of three or more people or targets three or more victims. The Secretary of Labor has authority to arrest non-licensed recruiters if their activities threaten national security or exploit job seekers. Penalties range from fines to imprisonment depending on the scale of the illegal activity and whether the recruiter was licensed. Conviction results in license revocation.

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May Anne Lopez Sy
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38 views1 page

Article 39. Penalties

This document outlines penalties for illegal recruitment in the Philippines. It states that recruitment by non-licensed individuals is illegal and punishable by law. Illegal recruitment is considered an offense if conducted by a group of three or more people or targets three or more victims. The Secretary of Labor has authority to arrest non-licensed recruiters if their activities threaten national security or exploit job seekers. Penalties range from fines to imprisonment depending on the scale of the illegal activity and whether the recruiter was licensed. Conviction results in license revocation.

Uploaded by

May Anne Lopez Sy
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Any recruitment activities, including the prohibited practices enumerated under Article 34 of this Code, to be

undertaken by non-licensees or non-holders of authority, shall be deemed illegal and punishable under Article 39
of this Code. The Department of Labor and Employment or any law enforcement officer may initiate complaints
under this Article.

Illegal recruitment when committed by a syndicate or in large scale shall be considered an offense involving
economic sabotage and shall be penalized in accordance with Article 39 hereof.

Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or more persons
conspiring and/or confederating with one another in carrying out any unlawful or illegal transaction, enterprise or
scheme defined under the first paragraph hereof. Illegal recruitment is deemed committed in large scale if
committed against three (3) or more persons individually or as a group.

The Secretary of Labor and Employment or his duly authorized representatives shall have the power to cause the
arrest and detention of such non-licensee or non-holder of authority if after investigation it is determined that his
activities constitute a danger to national security and public order or will lead to further exploitation of job-
seekers. The Secretary shall order the search of the office or premises and seizure of documents, paraphernalia,
properties and other implements used in illegal recruitment activities and the closure of companies,
establishments and entities found to be engaged in the recruitment of workers for overseas employment, without
having been licensed or authorized to do so.

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.

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