Overseas job ads as illegal recruitment in the Philippines
Under RA 10022, advertising work abroad without a DMW licence is illegal recruitment, punishable by 12 years and 1 day to 20 years and a PHP 2,000,000 fine.
Under amended Section 6 of RA 8042 (as amended by RA 10022), advertising or promising employment abroad is recruitment, whether or not it is done for profit. When the person behind it holds no licence or authority, the post itself is illegal recruitment. The penalty is 12 years and 1 day to 20 years of imprisonment.
The case: a fee paid to an unlicensed Facebook page
The pattern is common. A Facebook page posts vacancies in Europe and asks applicants for a processing fee. The page shows no DMW licence number. A worker pays, and the job never materialises. Six years later, the worker files a complaint.
Two points of law decide this case. First, the post was illegal recruitment before anyone paid, because the advertiser held no licence or authority under Article 13(f) of the Labor Code (PD 442). Second, the complaint is late. Under the implementing rules of RA 8042 as amended by RA 10022, illegal recruitment cases prescribe in five years.
Which acts count as illegal recruitment
The definition in amended Section 6 is broad. No money has to change hands for an act to be recruitment. A non licensee who offers or promises overseas work for a fee to two or more persons is deemed to be engaged in recruitment.
Some acts are illegal recruitment even when a licensed agency commits them:
| Act | Applies to licensed agencies |
|---|---|
| Advertising or promising work abroad without a licence or authority | No, non licensees only |
| Publishing a false notice or false information about recruitment or employment | Yes |
| Charging more than the allowable fee schedule set by the Secretary of Labor and Employment | Yes |
| Reprocessing workers through a job order for nonexistent work, different work or a different employer | Yes |
An advertisement whose details differ from the approved job order can therefore become a case against a licensed agency. For fees, see the guide to placement fee rules and worker costs.
Penalties under RA 10022
Amended Section 7 of RA 8042 sets the penalties:
| Offence | Imprisonment | Fine |
|---|---|---|
| Illegal recruitment | 12 years and 1 day to 20 years | PHP 1,000,000 to PHP 2,000,000 |
| Large scale (three or more victims) or syndicated (three or more conspirators) | Life imprisonment | PHP 2,000,000 to PHP 5,000,000 |
| Other prohibited acts under the same section | 6 years and 1 day to 12 years | PHP 500,000 to PHP 1,000,000 |
Large scale and syndicated illegal recruitment are treated as economic sabotage. The maximum penalty applies when the person recruited is under 18, or when the offender is a non licensee or non holder of authority. An unlicensed Facebook page is run by a non licensee, so the maximum penalty applies. The full text is at RA 10022 on Lawphil.
Filing deadlines
Three time limits matter to workers and to HR offices:
| Case type | Time limit |
|---|---|
| Criminal case for illegal recruitment | 5 years |
| Illegal recruitment amounting to economic sabotage | 20 years |
| Administrative recruitment violation case | 3 years from when the cause of action arose |
The three year limit for administrative cases is the shortest.
The DMW's role and the check before engaging an agency
RA 11641, the Department of Migrant Workers Act, was approved on 30 December 2021. Section 4 merged the POEA into the new Department of Migrant Workers. Under Section 6(c), the DMW has the duty to investigate, file and help prosecute illegal recruitment cases with the DOJ and IACAT. The DMW Secretary may issue subpoenas in illegal recruitment and trafficking investigations. The text is at RA 11641 on Lawphil.
For a European employer, the correct step is to work only with an agency holding a valid DMW licence and to confirm that each advertisement matches the approved job order. The verification method is in the guide to DMW licensed agency verification. Open positions that follow the lawful process are on the job board.
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