Any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring, or
procuring workers and includes referring,
contract services, promising or advertising for
employment abroad, whether for profit or not,
when undertaken by a non-licensee 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 any such
non-licensee 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 person, whether a
non-licensee, nonholder, licensee or holder of
authority:
(a) To charge or accept directly or
indirectly any amount greater than that
specified in the schedule of allowable fees
prescribed by the Secretary of Labor and
Employment, or to make a worker pay or
acknowledge 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, or
for the purpose of documenting hired workers
with the POEA, which include the act of
reprocessing workers through a job order that
pertains to non-existent work, work different
from the actual overseas
work, or work with a different employer whether
registered or not with the POEA;
(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
person or entity not to employ any worker who
has not applied for employment through his
agency or who has formed, joined or supported,
or has contacted or is supported by any union or
workers’ organization;
(f) To engage in the recruitment or placement
of workers in jobs harmful to
public health or morality or to the 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, remittance of foreign exchange
earnings, separation 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, or for any other
reasons, other than those authorized under the
Labor Code and its implementing Rules and
Regulations;
(l) Failure to actually deploy a contracted
worker without valid reason as determined by the
Department of Labor and Employment; (m) Failure
to reimburse expenses incurred by the worker 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; and
(n) To allow a non-Filipino citizen to head
or manage a licensed recruitment/manning agency.
* OMNIBUS RULES AND
REGULATIONS IMPLEMENTING THE MIGRANT WORKERS AND
OVERSEAS FILIPINOS ACT OF 1995,
AS AMENDED BY REPUBLIC ACT NO. 10022