In the Philippine labor landscape, the integrity of the recruitment process is protected by stringent laws. Fraudulent recruitment and misrepresentation in job postings are not merely unethical; they are criminal acts classified under Illegal Recruitment and Estafa. These laws aim to protect job seekers—particularly Overseas Filipino Workers (OFWs) and local vulnerable sectors—from predatory practices.
1. The Legal Framework
The primary statutes governing these offenses are:
- The Labor Code of the Philippines (Presidential Decree No. 442): Specifically Articles 38 and 39.
- Migrant Workers and Overseas Filipinos Act of 1995 (Republic Act No. 8042): As amended by RA 10022, which significantly increased the penalties for illegal recruitment.
- The Revised Penal Code: Specifically Article 315 (Estafa), which deals with deceit and swindling.
- Cybercrime Prevention Act of 2012 (RA 10175): Applicable when fraudulent job postings are disseminated online.
2. Defining Fraudulent Recruitment and Misrepresentation
Under Philippine law, illegal recruitment is committed by any person (licensed or unlicensed) who undertakes any recruitment activity and commits any of the following prohibited acts:
- Misrepresentation: Furnishing or publishing any false notice or information in relation to recruitment or employment.
- Contract Substitution: Inducing or attempting to induce a worker to quit a job in order to offer another, unless the transfer is designed to liberate a worker from oppressive terms.
- False Promises: Promising employment that does not exist or for which the recruiter has no authority to hire.
- Excessive Fees: Charging or accepting, directly or indirectly, any amount greater than that specified in the schedule of allowable fees.
3. Classification of Illegal Recruitment
The severity of the penalty depends on the classification of the offense:
| Classification | Definition |
|---|---|
| Simple Illegal Recruitment | Committed by a person or entity against one or two individuals. |
| Illegal Recruitment in Large Scale | Committed against three (3) or more persons individually or as a group. |
| Illegal Recruitment by a Syndicate | Committed by a group of three (3) or more persons conspiring and confederating with one another. |
[!IMPORTANT] Illegal Recruitment by a Syndicate and in Large Scale are both considered Economic Sabotage and are non-bailable offenses.
4. Penalties and Sanctions
A. Criminal Penalties (Under RA 10022)
- Simple Illegal Recruitment: Imprisonment of 12 years and 1 day to 20 years, plus a fine ranging from ₱1,000,000 to ₱2,000,000.
- Economic Sabotage (Syndicate/Large Scale): Life Imprisonment and a fine ranging from ₱2,000,000 to ₱5,000,000.
- Maximum Penalty: If the offender is a foreigner, they shall be deported after serving the sentence and payment of fines. If the offender is a government official, they suffer the additional penalty of perpetual absolute disqualification from public office.
B. Estafa (Revised Penal Code)
Recruiters are often charged with Estafa simultaneously with Illegal Recruitment. If a person is led to believe that a job exists through deceit and, as a result, parts with their money (e.g., "processing fees"), the recruiter can be convicted of both crimes under the principle of dual liability. Penalties for Estafa depend on the amount defrauded.
C. Administrative Sanctions
For licensed recruitment agencies, misrepresentation in job postings can lead to:
- Suspension of license.
- Permanent Revocation of License.
- Forfeiture of the cash/surety bond posted with the Department of Migrant Workers (DMW) or the Department of Labor and Employment (DOLE).
5. Digital Misrepresentation and the Cybercrime Law
With the rise of social media recruitment, misrepresentation in job postings often falls under the Cybercrime Prevention Act.
- Section 6 of RA 10175 stipulates that the penalty for crimes defined in the Revised Penal Code (like Estafa) shall be one degree higher if committed through information and communication technologies.
- This means a fraudulent job post on Facebook or a fake LinkedIn profile carries a significantly heavier prison sentence than a printed flyer.
6. Elements for Prosecution
To secure a conviction for misrepresentation in recruitment, the prosecution must generally prove:
- The offender lacks the valid license or authority required by law OR is a licensee committing a prohibited act.
- The offender gave the complainant the distinct impression that they had the power or ability to send the worker abroad or provide local employment.
- The complainant relied on this misrepresentation and potentially suffered financial or material loss.