Anti-Trafficking in Persons Bill, ganap ng isang batas

Filing Complaints vs. Illegal Recruitment

Victims of illegal recruitment and related cases as well as recruitment violations which are administrative or criminal in nature may file with the Administration a report or complaint in writing and under oath.

Illegal recruiters

Illegal recruiters are persons without licenses or who are not registered
employees of licensed agencies. They claim to be recruiting under the
“direct hire” system. Often, they are fixers claiming that they can
facilitate processing. They provide their victims with fake documents
and arrange for them to emigrate illegally. Sometimes they entice their
victims through blind advertisements requiring payments to expedite the
processing of papers. In the entertainment sector, there are illegal
training or promotion companies promising foreign jobs to workers with
talent.

Illegal Recruitment

Illegalrecruitment is sometimes carried out by agencies whose licenses have
expired, or have been cancelled or suspended. Under Republic Act No.
8042 (Migrant Workers and Overseas Filipinos Act of 1995) the scope of
illegal recruitment has been expanded. Any person, whether or not a licensee or holder of authority, who commits a legally prohibited practice is liable to be charged with illegal recruitment.
All recruitment activities as defined under Section 2 Rule I, Book VI of Rules and
Regulations Governing Overseas Employment and all prohibited practices
under Article 34 of the Code when undertaken by a non-licensee, a suspended or cancelled agency constitute illegal recruitment activities.

Recruitment and placement activities of agents or representatives appointed by a licensee, whose appointments were not previously authorized by the Administration shall likewise constitute illegal recruitment.
Question: Someone is recruiting me to work overseas but I have to leave the country as tourist. Is this a legitimate way to find overseas jobs? What are the other forms and guises of illegal recruitment?

Answer: Leaving the country as a tourist but with the intention of working abroad is illegal both in the Philippines and the host country.

Other forms of illegal recruitment are as follows:

Escort services – tourist/workers “escorted” at the country’s airports and seaports.

By
correspondence – applicants are encouraged by the recruiter to
comply with employment requirements and placement through mail.

Blind ads – fraudulent and misleading advertisements promising facility of employment

Au pair
– an inter-cultural program wherein a host family sponsors a
person to study language and culture for a monthly allowance in
exchange for a home to stay.

Backdoor exit – going out of the country through some airports and seaports in the southern part of the Philippines.

Camouflaged participation in foreign seminars and sports events – workers leave as participants in seminars or sports events but eventually finding jobs in the host country.

Traineeship
scheme – HRM students leaving in the guise of a traineeship
program for hotels abroad but eventually landing jobs in the
training establishment.

Filing your Complaint

The complaint shall state the following, among others:

The name/s and address/es of the complainant/s;

The name/s and address/es of the alleged offender/s. Where the offender
is a corporation partnership or association, the officer/s responsible
for the act/s as charged shall as far as practicable be individually and
specifically named;

The specific act/s and/or omissions complained of as constituting the offense;

The date, place and approximate time when the alleged act/s and/or omission was/were committed;

Amount exacted, if any, and place of payment; and

Relief sought and such other allegations by way of particulars.

All pertinent documents in support of the complaint must be attached
thereto, whenever possible. In the regions outside the National Capital
Region, complaints and reports involving illegal recruitment may be
filed with the appropriate regional office of the Department or with the
Center or Regional Extension Unit concerned for the corresponding legal
assistance and enforcement measures.

File your complaints at:

Legal Assistance Division

Anti-Illegal Recruitment Branch, 4th Floor, POEA Building or the nearest POEA/DOLE regional office; NBI, PNP, Police Authorities in your area

Sample Story

Question:
After paying a large sum of money, I found out that the person
recruiting me for a job abroad was not authorized by POEA. He promised
me that I would be deployed even though he has no license. What shall I
do?

Answer: Report the matter immediately to POEA’s Anti-Illegal Recruitment Branch at telephone no. 722-11-92, to the Philippine
National Police or NBI. You are not assured of protection once you run
into trouble abroad as he has no bonds posted to answer for any
eventuality. He may promise you a job but he can only have you deployed
by resorting to irregularities that will compromise your welfare. The
POEA Legal Assistance Division will help you in filing and prosecuting
your case.

Source: Rules and Regulations Governing Overseas Employment

Read more: http://www.ofwguide.com/article_item-306/Filing-Complaints-vs–Illegal-Recruitment.html#ixzz2MdPEOIgM

dapat dito mahuli din ang mga naghihingi ng bayad sa illegal recruiter especially sa government empleyee dahil po maraming kaso na na twist sa ibat ibang lugar at dapat bibigyan ng pansin din sa gobyerno. Corruption ang dahilan dito kung bakit ang mga gov’t agency nag loloko sa kasong illegal recruitment at maghingi ng million sa mga taong na biktima /wala tayong tiwala sa mga nbi/ mga prosecutor at iba pang ahensya ng gobyerno kaya dapat parusahan din sila kung naghingi ng bayad