Presidential Decree No. 1693

Article 38 of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines is hereby further amended to read as follows:

• Article 38  Illegal Recruitment.
  • a

    The following recruitment activities are deemed illegal and punishable as provided herein:

    • 1

      Those undertaken in any form or manner by non-licensees or non-holders of authority;

    • 2

      Participation in the exaction of money, goods and/or services in consideration of employment in an amount exceeding that authorized by law or appropriate regulations; and

    • 3

      Participation in the recruitment, placement, or deployment of any worker under false pretenses or false documentation.

  • b

    Illegal recruitment shall be considered as a crime of economic sabotage and shall be penalized as such in accordance with existing laws.

  • c

    The Minister of Labor or his duly authorized representative shall have the power to recommend the arrest and detention of any person engaged in illegal recruitment.

  • d

    The Ministry of Labor shall set up a secretariat on illegal recruitment to serve as the focal point for all inter-agency efforts against illegal recruitment and related activities. The Secretariat shall initially be manned and operated by such personnel and through such funding as are available in the Ministry of Labor. Thereafter its appropriation shall be made part of the regular appropriation act."

This Decree shall take effect immediately.