“Illegal recruitment, on the other hand is defined under Article 38 of
the Labor Code as follows:
‘ART. 38. Illegal Recruitment.
‘(a)
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.
‘(b)
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.
‘(c)
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 nonholder 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.’
“Illegal recruitment, as defined under Article 38 of the Labor Code,
encompasses recruitment activities for both local and overseas employment.
However, illegal recruitment under this article is limited to recruitment
activities undertaken by non-licensees or non-holders of authority. Thus, under
the Labor Code, to constitute illegal recruitment in large scale, three elements
must concur:
34
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