LECTURE AUGUST 25

Definition of recruitment( refer to the labor code)

When is there a presumption of recruitment- any person or entity which in any manner offers or
promises for a fee, employment to two or more persons shall be deemed engaged in recruitment and
placement . MATERIAL CONSIDERATION AND NUMBER OF PERSONS DEALT WITH NOT AN ESSENTIAL
ELEMENT.

When is illegal recruitment committed?

1. Simple illegal recruitment

a. When a person who is not a holder of a license or authority engages in recruitment and
placement of workers.
b. When a person, regardless of whether or not he is a holder of a license or authority commits
any of the prohibited acts under Article 34 of the Labor Code and Sec. 6 of RA No. 8042
(Migrant Workers Act)
2. Qualified Illegal Recruitment ( Economic Sabotage)
a. If it is committed by a syndicate, i.e., carried out by a group of three or more persons
conspiring or confederating with one another or
b. If it is committed in large scale, i.e., carried out against three or more persons, individually
or as a group.

Doctrine of Imputed Knowledge- any information acquired by the local recruitment agency is deemed
acquired by the principal employer.

Nature of employment of Migrant Workers- Fixed term employment ( based on contract)

Study solidary obligation of recruitment agencies with the principal employer

Reliefs for migrant workers who are illegally dismissed

Articles 37, 128, 274 refer to the visitorial powers under the Labor Code