LABOR LAW REVIEWER FOR THE 2013 BAR EXAMS: BLITZ NOTES> Illegal Recruitment on a Large Scale as defined and penalized in Articles 38(b) and 39(a) of the Labor Code, because they had victimized more than three (3) job applications — thirty eight (38) in fact. Art. 38. Illegal Recruitment. — (a) Any recruitment activities, including the prohibited practices enumerated under Article 34 of this Code, to be undertaken by non-licensees or non-holders of authority shall be deemed illegal and punishable under Article 39 of this Code. This Ministry of Labor and Employment or any law enforcement officers may initiate complainants under this Article. (b) Illegal recruitment when committed be a syndicate or in large scale shall be considered an offense involving economic sabotage and shall be penalized in accordance with Article 39 hereof. Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring and/or confederating with one another in carrying out any unlawful or illegal transaction, enterprise or scheme defined under the first paragraph hereof. Illegal recruitment is deemed committed in large scale if committed against (3) or more persons individually or as a group." Art. 39. Penalties. — (a) The penalty of life imprisonment an a fine of One Hundred Thousand Pesos (P100,000) shall be imposed if illegal recruitment constitutes economic sabotage as defined herein: xxx xxx xxx (c) Any person who is neither a licensee nor a holder of authority under this Title found violating any provision thereof or its implementing rules and regulations shall, upon conviction thereof, suffer the penalty of imprisonment of not less than four years nor more than eight years or a fine of not less than P20,000 nor more than P100,000 or both such imprisonment and fine, at the discretion of the court; (d) If the offender is a corporation, partnership, association or entity, the penalty shall be imposed upon the officer or officers of the corporation, partnership, association or entity responsible for violation; and if such officer is an alien, he shall, in addition to the penalties herein prescribed, be deported without further proceedings; (Emphasis supplied)(2013 TACORDA BIDO BERNABE DE LA VEGA & NAPAY LITUSQUEN NOTES, 20139549 data bank USB SEPT.)
Posted on: Fri, 06 Sep 2013 11:30:35 +0000
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