It is said that the Philippines’ best resource is human resource. Each year, more than one million Filipinos are deployed abroad. Based on the 2007 Overseas Employment Statistics of the POEA, the Top Ten (10) Deployment Destinations of OFWs are Saudi Arabia, United Arab Emirates, Hong Kong, Qatar, Singapore, Taiwan, Kuwait, Italy, Brunei and Korea. There is now a growing concern of the rapid increase of Filipinos wanting to be employed overseas being victims of illegal recruitment.
In the Philippine setting, the term “migrant worker” is defined by Section 3(a) of Republic Act 8042 or otherwise known as Migrant Workers and Overseas Filipinos Act as a person who is to be engaged, is engaged or has been engaged in a remunerated activity in a state of which he or she is not a legal resident; to be used interchangeably with Overseas Filipino Worker.
Section 6 of the same law defines illegal recruitment as 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(b) 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.
If you find yourself in a similar situation as what is described below, then you may be a victim of illegal recruitment. Initially, the recruiter meets with you in a public place like a restaurant or coffee shop and may present himself as a representative of a licensed recruitment agency or travel agency but doesn’t show you any identification. You may have been to his office once but all your subsequent meetings are done out-of-office. The recruiter promises that you can leave for abroad immediately and requires you to pay a placement fee or down payment without issuing an original receipt or asks you for referrals. The recruiter then requires you to undergo training or a medical examination prior to giving you details of the job and the employment contract. The recruiter is vague about the job description and presents that it is a direct hire situation and that there is no need to go through the POEA. The recruiter may even advise to apply for a tourist visa to enter the foreign country faster.
To avoid placing yourself in this type of situation where you can be victimized, you must make sure that the recruitment agencies are POEA-licensed and provincial recruitment authority if the recruitment is done in the province. Don’t deal with training centers or travel agencies that promise overseas employment. Make sure you are dealing with a bona fide representative of that company and that there is an existing job order. Be aware that the amount of the placement fee is within the parameters set by law – which is usually one month’s salary and if the job is in Canada, be aware that there is no placement fee. Also, don’t pay a placement fee unless you are given a valid employment contract and an official receipt.
Atty. Michael Templo is an attorney admitted to practice law in New York State and Federal Courts and is a partner at Templo & Templo with offices in New York, USA and Makati City, Philippines. Atty. Templo specializes in US Immigration matters. Atty. Mike Templo is also a host for the weekly show “Crossing Borders” which is aired on ANC every Thursday at 10:30 p.m. You can log on to the show’s site at http://crossingborderstv.multiply.com.
The discussion above is not intended as legal advice, and cannot be relied upon for any purpose without the services of a qualified professional. For your comments and questions, Atty. Templo can be reached at info@templolaw.com or log on to www.templolaw.com.
i have a friend who is in a similar situation right now. she was “directly hired” in Singapore as a caregiver, had a salary of equivalent to Php 10, 000.00 per month but received only around $20 per month until her 8th month to pay for her plane fare & other expenses. she has a tourist visa and was promised that the agency will arrange for her working visa.. now, she quit her job as a caregiver because of unbearable working conditions & stayed at the office of the agency in singapore. she has no contract or whatsoever with this agency. now, she was offered a new job which is to babysit for a new born baby but she refused. now, the agency would like to send her home but they are asking for PhP 90, 000. 00 as payment for the several days that she stayed at the agency. please advise on what we can possibly do to help her..thank u