6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly (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 reason as determined by the Department of Labor and Employment: and (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. Illegal recruitment when committed by a syndicate or in large scale shall be considered an offense involving economic sabotage. Illegal recruitment is deemed committed by a syndicate if 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 three (3) or more persons individually or as a group. The persons 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. SEC. 7. Penalties. (a) 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 of not less than Two hundred thousand pesos (P200,000.00) nor more than Five hundred thousand pesos (P500,000.00). (b) 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. (Emphases supplied) Unlike illegal recruitment as defined under the Labor Code which is limited to recruitment activities undertaken by non-licensees or non-holders of authority, under Article 6 of RA 8042, illegal recruitment (for overseas employment) may be committed not only by non-licensees or non-holders of authority but also by licensees or holders of authority. Article 6 enumerates thirteen acts or practices [(a) to (m)] which constitute illegal recruitment, whether committed by any person, whether a non-licensee, nonholder, licensee or holder of authority. Except for the last two acts [(1) and (m)] on the list under Article 6 of RA 8042, the first eleven acts or practices are also listed in elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60550 10/19

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