is being asked to help look for qualified English teacher in the Philippines to be sent to China. All he needs to do is provide for a place to receive the applications and arrange appointment for interview. Can he do it without applying for DOLE/POEA license?
My answer is he will be guilty of illegal recruitment. And if he sends more than 3 individuals out, he will be considered illegal recruiting on a large scale which is non-bailable.
The act of receiving applications and arranging for interview constitute recruitment. The labor code defines recruitment and placement as "the 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."
And even if the job turns out to be true, but the recruitment was done by someone with no license from Department of Labor and POEA, then it will be illegal recruitment.
Sec 7 of RA 8042 provides that penalty of illegal recruitment on a large scale is LIFE IMPRISONMENT, and FINE of not less than FIVE HUNDRED THOUSAND
(P500,000.00) PESOS nor more than ONE MILLION (P1m) PESOS.
Art 38 of the Labor Code as amended provides that Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or more persons ... Illegal recruitment is demed committed in large scale if committed against three (3) or more persons...
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