repro reform!!! or presentor: mr. loreto b. soriano executive director, federated associations of...

REPROREPRO

REFORM!!! REFORM!!!

or or

PRESENTOR: MR. LORETO B. SORIANOExecutive Director, Federated Associations of Manpower Exporters, Inc.

President, LBS Recruitment Solutions Corp.

WHAT IS REPROWHAT IS REPRO

• REPRO undertaken by Liaison Officers; by Agency Officers / Owners; or by both

• REPRO undertaken by Liaison Officers; by Agency Officers / Owners; or by both

• REPRO link to fictitious or bloated job orders and unreasonable POEA requirements

• REPRO link to fictitious or bloated job orders and unreasonable POEA requirements

• REPRO may be done with or without the collusion of POEA officers / staff

• REPRO may be done with or without the collusion of POEA officers / staff

Agency 1

100

ApprovedJob Order

100

100

Used

50

50

50

50

50

10

15

10

15

100

Employer 4

Employer 2

Employer 3

Employer 1

Incoming Client

SCHEME 1: Internal ReproSCHEME 1: Internal Repro

SCHEME 2: Conspiring AgenciesSCHEME 2: Conspiring Agencies

Agency AAgency A Other Agencies Other Agencies

100100 5050

100100 5050

100100 5050

100100 5050

SCHEME 3 Fake Employers, Fake Job Orders

SCHEME 3 Fake Employers, Fake Job Orders

SCHEME 4 Dagdag Walang BawasSCHEME 4 Dagdag Walang Bawas

REPRO, along with other nefarious activities of licensed recruitment agencies may eventually result to the non-participation of the private sector in the recruitment and deployment of OFW’s;

REPRO, along with other nefarious activities of licensed recruitment agencies may eventually result to the non-participation of the private sector in the recruitment and deployment of OFW’s;

EFFECTS OF REPROEFFECTS OF REPRO

REPRO may trigger overreaction from

government in the form of more rules and

requirements making the recruitment and

deployment process more and more difficult;

REPRO may trigger overreaction from

government in the form of more rules and

requirements making the recruitment and

deployment process more and more difficult;


REPRO hasten illegal recruitment and worsens the already serious incidence of labor and welfare cases in the jobsites.

REPRO hasten illegal recruitment and worsens the already serious incidence of labor and welfare cases in the jobsites.

REPRO perpetuate very bad image of the recruitment industry;

REPRO perpetuate very bad image of the recruitment industry;


Liabilities of Directors and Officers of

Recruitment Agencies on “REPRO OFWs”

Liabilities of Directors and Officers of

Recruitment Agencies on “REPRO OFWs”

Regardless of who or how Repro is perpetuated,

“REPRO” is actually an act of illegal recruitment under Section 6 (b) of R.A. 8042- Migrant Workers

Act of 1995

Regardless of who or how Repro is perpetuated,

“REPRO” is actually an act of illegal recruitment under Section 6 (b) of R.A. 8042- Migrant Workers

Act of 1995

SEC. 6. Definition. For purposes of this Act, illegal recruitment x x x shall include the following acts, committed by any person, whether a non-licensee, non-holder, licensee or holder of authority

SEC. 6. Definition. For purposes of this Act, illegal recruitment x x x shall include the following acts, committed by any person, whether a non-licensee, non-holder, licensee or holder of authority

R.A. 8042MIGRANT WORKERS ACT of 1995

R.A. 8042MIGRANT WORKERS ACT of 1995

(b) To furnish or publish any false notice or information or document in relation to recruitment or employment;

(b) To furnish or publish any false notice or information or document in relation to recruitment or employment;

The said provision further provides:

The persons criminally liable for the above offenses are the principals, accomplices and accessories. In case of juridical persons, the officers having control, management or direction of their business shall be liable.

The said provision further provides:

The persons criminally liable for the above offenses are the principals, accomplices and accessories. In case of juridical persons, the officers having control, management or direction of their business shall be liable.

R.A. 8042

Moreover, if illegal recruitment is committed by a syndicate, i.e., by a group of 3 or more persons conspiring and confederating with one another, or if committed in large scale, i.e., against 3 or more persons individually or as a group, it shall be considered as an offense involving ECONOMIC SABOTAGE.

Moreover, if illegal recruitment is committed by a syndicate, i.e., by a group of 3 or more persons conspiring and confederating with one another, or if committed in large scale, i.e., against 3 or more persons individually or as a group, it shall be considered as an offense involving ECONOMIC SABOTAGE.

R.A. 8042

PENALTIES: Section 7, R.A. 8042 PENALTIES: Section 7, R.A. 8042

a) Any person found guilty of illegal recruitment shall

suffer the penalty of imprisonment of not less than

six (6) years and one (1) day but no more than

twelve (12) years and a fine of not less than Two

Hundred Thousand Pesos (P200,000.00)

R.A. 8042

(b) The penalty of life imprisonment and a fine

of not less than Five Hundred Thousand pesos

(P500,000.00) nor more than One Million pesos

(P1,000,000.00) shall be imposed if illegal

recruitment constitutes economic sabotage as

defined herein.

R.A. 8042

“REPRO” is also a recruitment

violation under Section 2 (e), Rule II,

Part VI of the 2002 POEA Rules and Regulations

“REPRO” is also a recruitment

violation under Section 2 (e), Rule II,

Part VI of the 2002 POEA Rules and Regulations

2002 POEA Rules & Regulations

“(e) Engaging in act/s of misrepresentation in connection with recruitment and placement of workers, such as furnishing or publishing any false notice, information or document in relation to recruitment or employment”


3rd Offense Cancellation of License

PENALTIES: Section 1, Rule VI, Part VI of the 2002 POEA Rules and Regulations, the range of penalties for such offense is as follows:

PENALTIES: Section 1, Rule VI, Part VI of the 2002 POEA Rules and Regulations, the range of penalties for such offense is as follows:

1st Offense Suspension of License (Two Months to Six Months)

2nd Offense Suspension of License (Six Months and One day to One year)


PENALTY: Section 5, Rule IV, Part VI of the 2002 POEA Rules and Regulations

PENALTY: Section 5, Rule IV, Part VI of the 2002 POEA Rules and Regulations

Penalty for Cases Involving Five or More Complainants. A respondent found guilty of committing an offense, regardless of the number or nature of charges, against five (5) or more complainants in a single case shall be imposed the penalty of cancellation of license.


Finally, under Section 2, Rule I, Part II of the 2002 POEA Rules and Regulations, officers and directors of corporations whose license have been previously cancelled or revoked for violation of recruitment laws shall be disqualified from engaging in the business of recruitment and placement of Filipino workers overseas.

Finally, under Section 2, Rule I, Part II of the 2002 POEA Rules and Regulations, officers and directors of corporations whose license have been previously cancelled or revoked for violation of recruitment laws shall be disqualified from engaging in the business of recruitment and placement of Filipino workers overseas.


Hence, officers and directors of agencies

with cancelled licenses cannot transfer to

and serve as directors and officers of

other licensed agencies and cannot put

up new ones.

Hence, officers and directors of agencies

with cancelled licenses cannot transfer to

and serve as directors and officers of

other licensed agencies and cannot put

up new ones.


If two (2) agencies conspire and collude to engage in “REPRO” as REPROCESSEE and REPROCESSOR, both agencies may be held jointly and solidarily liable with their foreign principals / employers for money claims arising out of employer-employee relationship or by virtue of any law or contract involving Filipino workers for overseas deployment, including claims for actual, moral, exemplary and other forms of damages.

If two (2) agencies conspire and collude to engage in “REPRO” as REPROCESSEE and REPROCESSOR, both agencies may be held jointly and solidarily liable with their foreign principals / employers for money claims arising out of employer-employee relationship or by virtue of any law or contract involving Filipino workers for overseas deployment, including claims for actual, moral, exemplary and other forms of damages.


If the recruitment/placement agency is a juridical being-CORPORATION, the corporate officers and directors and partners are the case may be, shall themselves be jointly and solidarily liable with the corporation or partnership for the aforesaid claims and damages.

Finally, Section 10 of R.A. 8042 provides:Finally, Section 10 of R.A. 8042 provides:

R.A. 8042

Thus, if the escrow deposits, surety bonds, vehicles, equipment, furnitures, and other properties of the agencies involved in “REPRO” are INSUFFICIENT to satisfy the judgment award, the PERSONAL ASSETS of their individual officers and directors can charged upon and garnished.

Thus, if the escrow deposits, surety bonds, vehicles, equipment, furnitures, and other properties of the agencies involved in “REPRO” are INSUFFICIENT to satisfy the judgment award, the PERSONAL ASSETS of their individual officers and directors can charged upon and garnished.

Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to commit any of the following acts:

Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to commit any of the following acts:

(a) To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;

(a) To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;

ANTI-TRAFFICKING IN PERSONSACT OF 2003

ANTI-TRAFFICKING IN PERSONSACT OF 2003

(b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates, registration stickers and certificates of any government agency which issues these certificates and stickers as proof of compliance with government regulatory and pre-departure requirements for the purpose of promoting trafficking in persons;

(b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates, registration stickers and certificates of any government agency which issues these certificates and stickers as proof of compliance with government regulatory and pre-departure requirements for the purpose of promoting trafficking in persons;

Section 5. Acts that Promote Trafficking in Persons. - The following acts which promote or facilitate trafficking in persons, shall be unlawful:

Section 5. Acts that Promote Trafficking in Persons. - The following acts which promote or facilitate trafficking in persons, shall be unlawful:

R.A. 9208

(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or distribution by any means, including the use of information technology and the internet, of any brochure, flyer, or any propaganda material that promotes trafficking in persons;

(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or distribution by any means, including the use of information technology and the internet, of any brochure, flyer, or any propaganda material that promotes trafficking in persons;

R.A. 9208

(d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and necessary exit documents from government agencies that are mandated to provide pre-departure registration and services for departing persons for the purpose of promoting trafficking in persons;

(d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and necessary exit documents from government agencies that are mandated to provide pre-departure registration and services for departing persons for the purpose of promoting trafficking in persons;

(e) To facilitate, assist or help in the exit and entry of persons from/to the country at international and local airports, territorial boundaries and seaports who are in possession of unissued, tampered or fraudulent travel documents for the purpose of promoting trafficking in persons;

(e) To facilitate, assist or help in the exit and entry of persons from/to the country at international and local airports, territorial boundaries and seaports who are in possession of unissued, tampered or fraudulent travel documents for the purpose of promoting trafficking in persons;

(f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving the country or seeking redress from the government or appropriate agencies;

(f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving the country or seeking redress from the government or appropriate agencies;

R.A. 9208

RECOMMENDATIONSRECOMMENDATIONS

• Integrate an ALERT in the POEA Processing System and implement a monthly PPF (Post Processing Feedback) to allow licensed recruitment agencies and their accredited employers to verify and confirm the workers processed with POEA.

• Integrate an ALERT in the POEA Processing System and implement a monthly PPF (Post Processing Feedback) to allow licensed recruitment agencies and their accredited employers to verify and confirm the workers processed with POEA.

• Resume the operation of the POEA Labor Assistance Counter’s (LAC’s) in our international airports.

• Resume the operation of the POEA Labor Assistance Counter’s (LAC’s) in our international airports.

• Disallow the registration of Foreign Placement Agencies (FPA’s) as foreign principals.

• Disallow the registration of Foreign Placement Agencies (FPA’s) as foreign principals.


• Identify and remove unreasonable POEA accreditation and registration requirements which, in the first place, do not ensure nor enhance workers’ protection. Allow the full implementation of a full disclosure policy.

• Identify and remove unreasonable POEA accreditation and registration requirements which, in the first place, do not ensure nor enhance workers’ protection. Allow the full implementation of a full disclosure policy.


• Review to rationalize the 2006 Household Workers Policy.

• Review to rationalize the 2006 Household Workers Policy.

WHAT CAN WE DO AS MEMBER OF THE

RECRUITMENT INDUSTRY, AS STAKEHOLDERS?

WHAT CAN WE DO AS MEMBER OF THE

RECRUITMENT INDUSTRY, AS STAKEHOLDERS?

• Call on all private stakeholders to operate within the discipline of their recruitment licenses;

• Start the industry cleansing process with associations playing an active role in policing its own ranks

• Call on all private stakeholders to operate within the discipline of their recruitment licenses;

• Start the industry cleansing process with associations playing an active role in policing its own ranks

• Probably, there is a need to revive a new council of Industry leaders (COIL) to unify the numerous associations in the overseas employment industry thereby fostering a unified approach to the solution of industry problems and concerns;

• Stop the practice of REPRO!

• Probably, there is a need to revive a new council of Industry leaders (COIL) to unify the numerous associations in the overseas employment industry thereby fostering a unified approach to the solution of industry problems and concerns;

• Stop the practice of REPRO!

“REPRO” is a “disease” that will auger the non participation of private recruitment agencies in this industry as originally envisioned under Presidential Decree 442

“REPRO” is a “disease” that will auger the non participation of private recruitment agencies in this industry as originally envisioned under Presidential Decree 442

repro reform!!! or presentor: mr. loreto b. soriano executive director, federated associations of...

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