Quit claim and refund does not erase an agency’s criminal liability

Verifying a job order before paying recruitment agency fees is a must when applying for overseas work.

Some agencies collect fees even before a job order is formalized.

Lawyer Dante Mercado, Senior Deputy Director of the Integrated Bar of the Philippines said this practice falls squarely within the definition of illegal recruitment or being a non-licensee or non-holder of authority to recruit.

Section 5 of RA 10022 states that “Illegal recruitment shall mean any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers, and includes referring, contracting services, promising or advertising for employment abroad, whether for profit or not, when undertaken by non-licensee or non-holder of authority…”

Mercado explained that the fact that an agency has a pending application for authority with POEA does not give them the liberty to recruit workers for abroad.

Regarding the issue of refunds and the execution of quit claims by applicants who are confused and disappointed when promises of immediate employment do not push through, Mercado said the return of money and travel documents do not affect the criminal liability of an agency.

It is a principle in criminal law that payment does not extinguish criminal liability. Hence, criminal action for illegal recruitment will still prosper notwithstanding the execution of a quit claim or payment.

Bantay OCW will remain and serve as a watchdog for any form of violation against overseas Filipino workers. Our program will always be an avenue for the abused workers to air their grievances and obtain justice.

Susan Andes, a.k.a. Susan K is on board at RADYO INQUIRER 990 DZIQ AM, Monday to Friday, 7:00-8: 30 p.m.

(Audio/video live streaming: www.dziq.am); and at NBN Channel 4, Monday to Friday 10:10 p.m.-11:10 p.m. (Live streaming: www.ptni.tv). Contact Bantay OCW Foundation Operations Center: 631 Shaw Blvd., Mandaluyong City

Hotlines: 5357209/  8819423/  0919.214.0699

E-mail: [email protected] / [email protected]