Drug Watch and OFW Watch
Drug and OFW Watch
2012 -2013 Monthly Alert
Welcome to the Drug Watch and OFW Watch " Alert ". The Drug Watch and OFW Watch Page is a global network of NGOs and professional networks that work together to promote objective and open debate on drug and OFW policy. This Alert contains news, updates on the latest publications and upcoming events relevant to local and international drug AND OFW policy
MEET THE AUTHOR
PHILIPPINE DRUG ENFORCEMENT AGENCY
MR. RENANTE RESORO
CHIEF, ADMINISTRATIVE DIVISION
DIRECTOR FOR ANTI-DRUG AFFAIRS
INTERNATIONAL NEWS ON DRUGS
World AIDS Day - Universal access for people who use drugs: Not just a pipe dream
More people than ever before are receiving antiretroviral therapy globally. However, the gap that remains is daunting and many more resources will need to be mobilised to meet the UNAIDS target of 15 million people on treatment by 2015.
Welcome to the INCB Watch!
IDPC aims to promote transparency and accountability of the International Narcotics Control Board.
UN General Assembly approves resolution to review international drug control policies
The resolution incorporates the proposal of President Felipe Calderon on the necessity of holding a General Assembly Special Session in 2016 to review current drug policies.
'Breaking the taboo': New campaign to end the war on drugs
The campaign highlights that the war on drugs has failed and that it is time to reform drug policies. It calls for governments to break the taboo on drug policy debates and reform.
The implications of marijuana legalisation in Colorado and Washington
The legalisation of marijuana in these two US states will have important implications on the USA, Latin America and the rest of the world. The move was criticised by the INCB.
Call for support by law enforcement agents for harm reduction and HIV prevention
This Statement of Support seeks signatures from serving and former law enforcement agents who support effective policing of communities for controlling the epidemic of HIV among key populations.
Harm Reduction is a requirement of the UN Convention on the Rights of the Child
A range accessible, acceptable and sufficient quality (evidence based) options must be available that can help realise the child’s right to health.
Take part in the Global Drug Survey 2013
Global Drug Survey collects detailed information about what drugs people use, why and how often.
EHRN calls on the UN Special Rapporteur on Violence against Women about human rights violations in Eurasia
The Eurasian Harm Reduction Network (EHRN) submitted a collective complaint on behalf of women who use drugs in Russia, Ukraine and Georgia.
OVERSEAS FILIPINO WORKERS (OFW) WATCH
What is illegal recruitment?
Any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers and includes referring, contract services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-license or non-holder of authority contemplated under Art 13 (F) of Presidential Decree No. 442, as amended otherwise known as the Labor Code of the Philippines:
Any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers and includes referring, contract services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-license or non-holder of authority contemplated under Art 13 (F) of Presidential Decree No. 442, as amended otherwise known as the Labor Code of the Philippines:
Provided, That any such non-licensee or non-holder who, in any manner, offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. (sec. 6, RA 8042). It shall likewise include the following acts, whether committed by any persons, whether a non-licensee, non-holder, licensee or holder of authority.
(A) To charge or accept directly or indirectly any amount greater than the specified in the schedule of allowable fees prescribed by the Secretary of Labor and Employment, or to make a worker pay any amount greater than that actually received by him as a loan or advance;
(B) To furnish or publish any false notice or information or document in relation to recruitment or employment;
(C) To give any false notice, testimony, information or document or commit any act of misrepresentation for the purpose of securing a license or authority under the Labor Code;
(D) To induce or attempt to induce a worker already employed to quit his employment in order to offer him another unless the transfer is designed to liberate a worker from oppressive terms and conditions of employment;
(E) To influence or attempt to influence any persons or entity not to employ any worker who has not applied for employment through his agency;
(F) To engage in the recruitment of placement of workers in jobs harmful to public health or morality or to dignity of the Republic of the Philippines;
(G) To obstruct or attempt to obstruct inspection by the Secretary of Labor and Employment or by his duly authorized representative;
(H) To fail to submit reports on the status of employment, placement vacancies, remittances of foreign exchange earnings, separations from jobs, departures and such other matters or information as may be required by the Secretary of Labor and Employment;
(I) To substitute or alter to the prejudice of the worker, employment contracts approved and verified by the Department of Labor and Employment from the time of actual signing thereof by the parties up to and including the period of the expiration of the same without the approval of the Department of Labor and Employment;
(J) For an officer or agent of a recruitment or placement agency to become an officer or member of the Board of any corporation engaged in travel agency or to be engaged directly on indirectly in the management of a travel agency;
(K) To withhold or deny travel documents from applicant workers before departure for monetary or financial considerations other than those authorized under the Labor Code and its implementing rules and regulations;
(L) Failure to actually deploy without valid reasons as determined by the Department of Labor and Employment; and
(M) Failure to reimburse expenses incurred by the workers in connection with his documentation and processing for purposes of deployment, in cases where the deployment does not actually take place without the worker's fault. Illegal recruitment when committed by a syndicate or in large scale shall be considered as offense involving economic sabotage.
Illegal recruitment is deemed committed by a syndicate carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons individually or as a group.
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.
Any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers and includes referring, contract services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-license or non-holder of authority contemplated under Art 13 (F) of Presidential Decree No. 442, as amended otherwise known as the Labor Code of the Philippines:
Provided, That any such non-licensee or non-holder who, in any manner, offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. (sec. 6, RA 8042). It shall likewise include the following acts, whether committed by any persons, whether a non-licensee, non-holder, licensee or holder of authority.
(A) To charge or accept directly or indirectly any amount greater than the specified in the schedule of allowable fees prescribed by the Secretary of Labor and Employment, or to make a worker pay any amount greater than that actually received by him as a loan or advance;
(B) To furnish or publish any false notice or information or document in relation to recruitment or employment;
(C) To give any false notice, testimony, information or document or commit any act of misrepresentation for the purpose of securing a license or authority under the Labor Code;
(D) To induce or attempt to induce a worker already employed to quit his employment in order to offer him another unless the transfer is designed to liberate a worker from oppressive terms and conditions of employment;
(E) To influence or attempt to influence any persons or entity not to employ any worker who has not applied for employment through his agency;
(F) To engage in the recruitment of placement of workers in jobs harmful to public health or morality or to dignity of the Republic of the Philippines;
(G) To obstruct or attempt to obstruct inspection by the Secretary of Labor and Employment or by his duly authorized representative;
(H) To fail to submit reports on the status of employment, placement vacancies, remittances of foreign exchange earnings, separations from jobs, departures and such other matters or information as may be required by the Secretary of Labor and Employment;
(I) To substitute or alter to the prejudice of the worker, employment contracts approved and verified by the Department of Labor and Employment from the time of actual signing thereof by the parties up to and including the period of the expiration of the same without the approval of the Department of Labor and Employment;
(J) For an officer or agent of a recruitment or placement agency to become an officer or member of the Board of any corporation engaged in travel agency or to be engaged directly on indirectly in the management of a travel agency;
(K) To withhold or deny travel documents from applicant workers before departure for monetary or financial considerations other than those authorized under the Labor Code and its implementing rules and regulations;
(L) Failure to actually deploy without valid reasons as determined by the Department of Labor and Employment; and
(M) Failure to reimburse expenses incurred by the workers in connection with his documentation and processing for purposes of deployment, in cases where the deployment does not actually take place without the worker's fault. Illegal recruitment when committed by a syndicate or in large scale shall be considered as offense involving economic sabotage.
Illegal recruitment is deemed committed by a syndicate carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons individually or as a group.
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.
What are the penalties of Illegal recruitment?
(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 not more than twelve (12) years and a fine not less than two hundred thousand pesos (P200,000.00) nor more than five hundred thousand pesos (P500,000.00).
(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.
Provided, however, that the maximum penalty shall be imposed if the person illegally recruited is less than eighteen (18) years of age or committed by a non-licensee or non-holder of authority.
(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.
Provided, however, that the maximum penalty shall be imposed if the person illegally recruited is less than eighteen (18) years of age or committed by a non-licensee or non-holder of authority.
IDENTIFY AN ILLEGAL RECRUITER
Identify an illegal recruiter- Kilalanin ang illegal recruiter!
Ang illegal recruiter ay:
Aagad naniningil ng placement fee o anumang kaukulang bayad nang walang resibo
Nangangako ng madaliang pag-alis patungo sa ibang bansa
Nagre-require agad ng medical examination o training kahit wala pang malinaw na employer o kontrata
Nakikipag-transaksiyon sa mga aplikante sa mga pampublikong lugar tulad ng restaurant, mall, atbpa. at hindi sa opisina ng lisensyadong ahensiya
Bahay-bahay kung mag-recruit ng mga aplikante
Hndi nagbibigay ng sapat na impormasyon tungkol sa ina-aplayang trabaho
Nagsasabi na may kausap na direct employer at ang mga aplikante ay di na kailangang dumaan sa POEA
Nangangako ng mabilis na pag-alis ng aplikante gamit ang tourist o visit visa
Walang maipakitang employment contract o working visa
Nagpapakilala na empleyado ng isang lisensyadong recruitment agency ngunit walang maipakitang ID
Nagpapakilala na konektado sa isang travel agency o training center
Nanghihikayat sa mga aplikante na mangalap ng iba pang aplikante upang mapabilis ang pagpapaalis
Walang maibigay na sapat at tamang impormasyon tungkol sa sarili tulad ng buong pangalan o address
Nangangako na ang mga dokumento ay ipapasok sa POEA para mai-process (lalo na sa kaso ng EPS-Korea)
Ang illegal recruiter ay:
Aagad naniningil ng placement fee o anumang kaukulang bayad nang walang resibo
Nangangako ng madaliang pag-alis patungo sa ibang bansa
Nagre-require agad ng medical examination o training kahit wala pang malinaw na employer o kontrata
Nakikipag-transaksiyon sa mga aplikante sa mga pampublikong lugar tulad ng restaurant, mall, atbpa. at hindi sa opisina ng lisensyadong ahensiya
Bahay-bahay kung mag-recruit ng mga aplikante
Hndi nagbibigay ng sapat na impormasyon tungkol sa ina-aplayang trabaho
Nagsasabi na may kausap na direct employer at ang mga aplikante ay di na kailangang dumaan sa POEA
Nangangako ng mabilis na pag-alis ng aplikante gamit ang tourist o visit visa
Walang maipakitang employment contract o working visa
Nagpapakilala na empleyado ng isang lisensyadong recruitment agency ngunit walang maipakitang ID
Nagpapakilala na konektado sa isang travel agency o training center
Nanghihikayat sa mga aplikante na mangalap ng iba pang aplikante upang mapabilis ang pagpapaalis
Walang maibigay na sapat at tamang impormasyon tungkol sa sarili tulad ng buong pangalan o address
Nangangako na ang mga dokumento ay ipapasok sa POEA para mai-process (lalo na sa kaso ng EPS-Korea)
HOW TO AVOID ILLEGAL RECRUITMENT
1.Do not apply at recruitment agencies not licensed by POEA
2. Do not deal with licensed agencies without job orders.
3.Do not deal with any person who is not an authorized representative of a licensed agency.
4.Do not transact business outside the registered address of the agency. If recruitment is conducted in the province, check if the agency has a provincial recruitment authority.
5.Do not pay more than the allowed placement fee. It should be equivalent to one month salary, exclusive of documentation and processing costs.
6.Do not pay any placement fee unless you have a valid employment contract and an official receipt.
7.Do not be enticed by ads or brochures requiring you to reply to a Post Office (P.O.) Box, and to enclose payment for processing of papers.
8.Do not deal with training centers and travel agencies, which promise overseas employment.
9.Do not accept a tourist visa.
10.Do not deal with fixers.
2. Do not deal with licensed agencies without job orders.
3.Do not deal with any person who is not an authorized representative of a licensed agency.
4.Do not transact business outside the registered address of the agency. If recruitment is conducted in the province, check if the agency has a provincial recruitment authority.
5.Do not pay more than the allowed placement fee. It should be equivalent to one month salary, exclusive of documentation and processing costs.
6.Do not pay any placement fee unless you have a valid employment contract and an official receipt.
7.Do not be enticed by ads or brochures requiring you to reply to a Post Office (P.O.) Box, and to enclose payment for processing of papers.
8.Do not deal with training centers and travel agencies, which promise overseas employment.
9.Do not accept a tourist visa.
10.Do not deal with fixers.
MODUS OPERANDI OF ILLEGAL RECRUITER
Escort Services – Undocumented workers are escorted at the airport or any international exit to evade checkpoints set to check on the documents of workers.
Tourist–Worker Scheme – Workers leave the country purportedly as tourist but in reality is being deployed as worker abroad.
Assumed Identity – Workers particularly minors are deployed abroad under an assumed identity.
Direct Hiring – Workers are hired by foreign employers without the intervention of licensed recruitment agencies and are deployed undocumented and without protection.
Trainee Worker Scheme – Hired workers are deployed allegedly not for employment but for training purposes only and will return to sending company after training.
Backdoor Points Scheme – Workers are sent abroad not through regular exit channels like airports but are deployed usually through cargo ships.
Tie-Up System – Unlicensed recruiters with foreign principals who are usually in the blacklist use the name and offices of licensed recruiters in their illegal activity.
Visa Assistance/Consultancy Scheme – Firms that offer services including the pairing of workers with foreign employers and promising applicants immigrant visas but are in reality engaged in the recruitment business.
Blind Ads Scheme – Workers are enticed to apply and send cash payments addressed to a Postal Office Box without the worker having the opportunity to communicate personally with the recruiter.
Tourist–Worker Scheme – Workers leave the country purportedly as tourist but in reality is being deployed as worker abroad.
Assumed Identity – Workers particularly minors are deployed abroad under an assumed identity.
Direct Hiring – Workers are hired by foreign employers without the intervention of licensed recruitment agencies and are deployed undocumented and without protection.
Trainee Worker Scheme – Hired workers are deployed allegedly not for employment but for training purposes only and will return to sending company after training.
Backdoor Points Scheme – Workers are sent abroad not through regular exit channels like airports but are deployed usually through cargo ships.
Tie-Up System – Unlicensed recruiters with foreign principals who are usually in the blacklist use the name and offices of licensed recruiters in their illegal activity.
Visa Assistance/Consultancy Scheme – Firms that offer services including the pairing of workers with foreign employers and promising applicants immigrant visas but are in reality engaged in the recruitment business.
Blind Ads Scheme – Workers are enticed to apply and send cash payments addressed to a Postal Office Box without the worker having the opportunity to communicate personally with the recruiter.