Forewarned is forearmed
(Knowing the instances of illegal recruitment)

While there’s much touting whenever the government is able to get another country to accept our workers, there doesn’t seem much soul-searching when they come home abused or in body bags.

Instances of Illegal Recruitment

As the OFW’s fate often lies on the recruiter, in the interest of emphasizing what to avoid, we list below the prohibited acts of recruitment under our laws -

a)Recruitment done without government license or authority. The law defines recruitment as any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers and includes referrals, contract services, promising or advertising for employment abroad, whether for profit or not.

If you want to take a risk on an unlicensed and unauthorized recruiter, remember that he has not put up the required P100,000.00 surety bond, nor the P1,000,000.00 escrow deposit, to answer for workers’ money claims. Of course, he’s still liable but there’s no specific bond or escrow deposit to go after; you will have to go after his real and personal properties.

b)To charge or accept any amount greater than that allowed by law, or to make a worker pay the recruiter (or its agents) any amount greater than that actually advanced to him.

The recruiter can only charge a placement fee equivalent to one month’s salary, exclusive of documentation and processing costs. And no other charges in whatever form, purpose or manner shall be imposed on and paid by the worker without prior POEA approval.

Documentation costs include fees for passport, NBI/Police/Barangay clearance, medical examinations, medicare premium, trade tests, authentication and birth certificate, inoculation (when required by the host country). If the recruiter offers these services, the worker is liable only for the cost of the document.

Processing costs include visa, POEA processing fee, and OWWA membership fee to be paid by the employer, unless otherwise provided.


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