Heavier penalties vs illegal recruitment

January 20, 2010, MANILA, Philippines—Illegal recruitment will soon have a sharper definition under the amended version of the Migrant Workers Act of 1995, as Senate on Monday night adopted the bicameral conference committee report amending it.

The bicameral report expanded the definition of illegal recruitment to include 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 Philippine Overseas Employment Administration.

The scheme, also known as contract substitution, has victimized many migrant workers who sign contracts here in the Philippines but execute and enter into new employment contracts upon reaching their destination.

Under the amendments of Republic Act 8042, reprocessing of job orders for OFWs is considered illegal recruitment and any person found guilty of illegal recruitment shall suffer the penalty of imprisonment of not less than 12 years but no more than 20 years, and a fine of not less than P1 million nor more than P2 million.

Moreover, if the illegal recruitment is considered an economic sabotage, the penalty is life imprisonment plus a fine of not less than P2 million and not more than P5 million.

Recruitment through “repro orders” both by licensed and unlicensed agencies was quite rampant in 2008, causing the deployment of 100,000 domestic helpers to Lebanon, Dubai, Jordan, and Syria.

The measure also expressly holds the governing board of the POEA accountable in the deployment of migrant workers.

Under the bill, government officials found responsible for the issuance of permits and allowing the deployment of overseas Filipino workers to countries that do not guarantee or comply with international labor standards shall suffer the penalty of dismissal from service or be disqualified from holding appointive public office for five years. - INQUIRER.net