Text of the provision
Art. 13. Definitions. "Worker" means any member of the labor force, whether employed or unemployed. "Recruitment and placement" refers to any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers, and includes referrals, contract services, promising or advertising for employment, locally or abroad, whether for profit or not: Provided, That any person or entity which, in any manner, offers or promises for a fee, employment to two or more persons shall be deemed engaged in recruitment and placement. "Private fee-charging employment agency" means any person or entity engaged in recruitment and placement of workers for a fee which is charged, directly or indirectly, from the workers or employers or both. "License" means a document issued by the Department of Labor authorizing a person or entity to operate a private employment agency. "Private recruitment entity" means any person or association engaged in the recruitment and placement of workers, locally or overseas, without charging, directly or indirectly, any fee from the workers or employers. "Authority" means a document issued by the Department of Labor authorizing a person or association to engage in recruitment and placement activities as a private recruitment entity. "Seaman" means any person employed in a vessel engaged in maritime navigation. "Overseas employment" means employment of a worker outside the Philippines. "Emigrant" means any person, worker or otherwise, who emigrates to a foreign country by virtue of an immigrant visa or resident permit or its equivalent in the country of destination.
Labor Code of the Philippines, Presidential Decree No. 442, as amended. Reproduced in full from the official enactment and verified against the LawPhil and ChanRobles renderings.
What this article means
This is the dictionary for the pre-employment rules. “Recruitment and placement” is broad — canvassing, enlisting, contracting, transporting, hiring, referrals, contract services, and even promising or advertising employment, whether for profit or not — and anyone who offers or promises employment for a fee to two or more persons is deemed engaged in it. It also distinguishes a private fee-charging employment agency (which charges workers or employers) holding a license, from a private recruitment entity (which charges no fee) holding an authority, and defines worker, seaman, overseas employment and emigrant.
Questions about this provision
- Does referring someone to a job count as recruitment even if I did not charge a fee?
- Is promising jobs to two or more people for a fee already considered recruitment?
- What is the difference between a recruitment licence and an authority to recruit?
Related provisions
- Article 10 — Conditions On Farmer Ownership.
- Article 14 — Powers To Promote Employment.
A note on article numbers. The articles of the Labor Code have been administratively renumbered, so the same provision is often cited under a different number. Supreme Court decisions write both, in the form “Article 297 [282]” — the new number first, the original in brackets. The text on this page is published under its original number, which is the numbering both source texts use. When citing, check which numbering your source follows.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.