A. Definition of Recruitment and Placement

And includes –

• Referrals, act of passing along or forwarding of an applicant for employment after an initial interview of a selected applicant for employment to a selected employer, placement officer or bureau [Rodolfo v. People, G.R. No. 146964 (2006)],
• Contract services,
• Promising, or
• Advertising for employment, locally or abroad, whether for profit or not.

Provided, That any person or entity which, in any manner, offers or promises for a fee employment to two or more persons shall be deemed engaged in recruitment and placement [Art. 13 (b), Labor Code].

The proviso provides for a presumption that a person or entity so described engages in recruitment and placement [People v. Panis, G.R. No. 58674 (1988)].

Number of Persons: Not Essential

The number of persons dealt with is not an essential ingredient of the act of recruitment and placement of workers. Any of the acts mentioned in Art. 13(b) will constitute recruitment and placement even if only one prospective worker is involved [People v. Panis, supra].

Worker – any member of the labor force, whether employed or unemployed [Art.13 (a)].

Labor Code

Article 13. Definitions. – (b) "Recruitment and placement" refers to any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers, and includes referrals, contract services, promising or advertising for employment, locally or abroad, whether for profit or not: Provided, That any person or entity which, in any manner, offers or promises for a fee, employment to two or more persons shall be deemed engaged in recruitment and placement.

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Article 34. Prohibited Practices. – It shall be unlawful for any individual, entity, licensee, or holder of authority: (f) To engage in the recruitment or placement of workers in jobs harmful to public health or morality or to the dignity of the Republic of the Philippines;

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Article 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 non-holder 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 jobseekers. 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.

In Salazar v. Achacoso, G.R. No. 81510, March 14, 1990, the Supreme Court declared Article 38(c)’s authorization for the Secretary of Labor to order arrests and detentions, and searches and seizures, unconstitutional. These measures require compliance with constitutional requirements under the 1987 Constitution, Art. III, Sec. 2.

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