Topic 6 Important Provisions of Republic Act No

Topic 6 Important Provisions of Republic Act No.
8042
Migrant Workers and overseas Filipinos Act of 1995
Learning objectives:
At the end of this topic, the student will be able to:
- Acquire knowledge on the difference of human smuggling to human trafficking
- Acquire skills on the different mode of operation of organize criminals
How is the Deployment of Migrant Workers?

The State shall deploy overseas Filipino workers only in countries where the rights of Filipino
migrant workers are protected. The government recognizes any of the following as guarantee on
the part of the receiving country for the protection and the rights of overseas Filipino workers:
1. It has existing labor and social laws protecting the rights of migrant workers;
2. It is a signatory to multilateral conventions, declaration or resolutions relating to the
protection of migrant workers;
3. It has concluded a bilateral agreement or arrangement with the government protecting the
rights of overseas Filipino workers; and
4. It is taking positive, concrete measures to protect the rights of migrant workers.
How could termination or ban on deployment happens?

Notwithstanding the provisions of Section 4 hereof, the government, in pursuit of the
national interest or when public welfare so requires, may, at any time, terminate or impose a ban
on the deployment of migrant workers.
What is illegal recruitment?

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 nonlicense or non-holder of authority complicated under Article 13 of
Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines.
Provide, 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;
c. To give any false notice, testimony, information or document or commit any act of
misrepresentation for the purpose of securing a license or authority under the Labor Code;
d. To induce or attempt to induce a worker already employed to quit his employment in
order to offer him another unless the transfer is designed to liberate a worker from
oppressive terms and conditions of employment;
e. To influence or attempt to influence any persons or entity not to employ any worker who
has not applied for employment through his agency;
f. To engage in the recruitment of placement of workers in jobs harmful to public health or
morality or to dignity of the Republic of the Philippines;
g. To obstruct or attempt to obstruct inspection by the Secretary of Labor and Employment
or by his duly authorized representative;
h. To fail to submit reports on the status of employment, placement vacancies, remittances
of foreign exchange earnings, separations from jobs, departures and such other matters or
information as may be required by the Secretary of Labor and Employment;
i. To substitute or alter to the prejudice of the worker, employment contracts approved and
verified by the Department of Labor and Employment from the time of actual signing
thereof by the parties up to and including the period of the expiration of the same without
the approval of the
Department of Labor and Employment;
j. For an officer or agent of a recruitment or placement agency to become an officer or
member of the Board of any corporation engaged in travel agency or to be engaged
directly or indirectly in the management of a travel agency;
k. To withhold or deny travel documents from applicant workers before departure for
monetary or financial considerations other than those authorized under the Labor Code
and its implementing rules and regulations;
l. Failure to actually deploy without valid reasons as determined by the
Department of Labor and Employment ; and
m. Failure to reimburse expenses incurred by the workers in connection with his
documentation and processing for purposes of deployment, in cases where the
deployment does not actually take place without the worker’s fault. Illegal recruitment
when committed by a syndicate or in large scale shall be considered as offense involving
economic sabotage.
Illegal recruitment is deemed committed by a syndicate carried out by a group of three (3) or
more persons conspiring or confederating with one another. It is deemed committed in large
scale if committed against (3) or more persons individually or as a group.
The persons criminally liable for the above offenses are the principals, accomplices and
accessories. In case of juridical persons, the officers having control, management or direction of
their business shall be liable.
What are the penalties provided?

Any person found guilty of illegal recruitment 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 not less
than two hundred thousand pesos (P200, 000.00) nor more than five hundred thousand pesos
(500,000.00).
The penalty of life imprisonment and a fine of not less than five hundred thousand pesos
(P500, 000.00) nor more than one million pesos (P1, 000,000.00) shall be imposed if illegal
recruitment constitutes economic sabotage as defined herein.
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.
How could prohibition on officials and employees happen?

Shall be unlawful for any official or employee of the Department of Labor and
Employment, the Philippine Overseas Employment Administration, or the Overseas Workers
Welfare Administration, or the Department of Foreign Affairs, or other government agencies
involved in the implementation of this Act, or their relatives within the fourth civil degree of
consanguinity or affinity, to engage, directly or indirectly, in the business of recruiting migrant
workers as defined in this Act. The penalties shall be imposed upon them.

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Topic 6 Important Provisions of Republic Act No.

How is the Deployment of Migrant Workers?

How could termination or ban on deployment happens?

What is illegal recruitment?

What are the penalties provided?

How could prohibition on officials and employees happen?

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