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PRESIDENTIAL DECREE NO. 1920



PRESIDENTIAL DECREE NO. 1920 - STRENGTHENING THE CAMPAIGN AGAINST ILLEGAL RECRUITMENT AND AMENDING ARTICLE 38 FOR THIS PURPOSE

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WHEREAS, illegal recruitment has remained unabated despite legislations providing for its stiff penalties against this nefarious activity;chanroblesvirtualawlibrary

WHEREAS, additional measures appear necessary in order to strengthen the campaign against illegal recruitment and to stop the activities of illegal recruiters.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby decree:cralaw:red

Section 1.    Article 38 of the Labor Code is hereby amended to read as follows:cralaw:red

"Art. 38    Illegal Recruitment. — (a) Any recruitment activities including the prohibited practices enumerated under Article 34 of this Code, to be undertaken by the non-licenses or non-holders of authority shall be deemed illegal and punishable under Article 39 of this Code. The Ministry of Labor and Employment or any law enforcement officers may initiate complaints under this Article.

(b)    The Minister of Labor and Employment or his duly authorized representatives shall have the power to cause the arrest and detention of such non-license or non-holder of authority if after proper investigation it is determined that his activities constitute a danger to national security and public order or will lead to further exploitation of jobseekers. The Minister shall order the closure of companies, establishment and entities found to be engaged in the recruitment of workers for overseas employment, without having been licensed or authorized to do so."

Section 2.    This Decree shall take effect immediately.

Done in the City of Manila, Philippines, this first day of May 1984.


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