Beware of Illegal Recruiters. Be Aware. Be Informed.

ADVISORY: Beware of Illegal Recruiters. Be Aware. Be

Informed.

Mercan Canada Employment Philippines Inc. is a licensed land based recruitment agency in the
Philippines with license number 036-LB-053110.

We are committed in helping Filipinos secure legitimate jobs overseas, and as such all jobseekers are
encourage to keep an eye on their employment prospects especially when looking for jobs overseas.
Be vigilant and always conduct a background check of the agency or company and its affiliate
representative to ensure the company is not involved in a scam or illegal recruitment.

To help jobseekers identify illegal recruiters, the Philippine Overseas Employment Authority (POEA)
lists down the characteristics of an illegal recruiter:
1. An illegal recruiter would ask applicants to pay for Placement Fee and other fees without giving
official receipts.
2. An illegal recruiter would promise applicants to be deployed as soon as possible
3. An illegal recruiter would require applicants to undergo medical examination even without
being hired by an employer and no existing contract.
4. Transactions are made in public places (restaurants, malls,) and not in their main office.
5. There are illegal recruiters who go house to house to recruit applicants.

6. Some illegal recruiters offer direct-hiring jobs without going to POEA for documentation.
7. Offers tourist or visit visa to applicants instead of a working visa.
8. Cant provide legitimate employment contract or working visa.
9. There are recruiters who claim that they are part of a POEA accredited agencies but cant
provide identification card.
10.

Recruiters who claimed that they are connected with travel agencies or training centers.

11.

Asking applicants to recruit relatives or friends for faster deployment.

12.

Fixers outside POEA who promise applicants for faster processing of their application.

For more information visit POEAs website: www.poea.gov.ph

Mercan Canada Employment Philippines, Inc. does not warrant nor assume legal liabilities for damages
or losses including but not limited to illegal recruitment and other consequential losses which may arise
from transactions made outside our firm.

It is the responsibility of the applicant to be cautious of individuals claiming to be a representatives of a

licensed agency. For verifications, you may send an email to info@mercanrecruit.com

All About Illegal Recruitment

What is illegal recruitment

Identify an illegal recruiter

How to avoid illegal recruitment
Modus operandi of illegal recruiters
Policy on immigration consultants

Tips to job applicants using the internet in job search

Top 10 Internet Scams
Overseas Job Scams
Sample job scam emails
Avoid becoming a victim of immigration fraud!
What is Illegal Recruitment?*
Any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers
and includes referring, contract services, promising or advertising for employment abroad,
whether for profit or not, when undertaken by a non-licensee or non-holder of authority
contemplated under Article 13(f) of Presidential Decree No. 442, as amended, otherwise known
as the Labor Code of the Philippines: Provided, that any such non-licensee or non-holder who, in
any manner, offers or promises for a fee employment abroad to two or more persons shall be
deemed so engaged. It shall likewise include the following acts, whether committed by any
person, whether a non-licensee, nonholder, licensee or holder of authority:
(a) To charge or accept directly or indirectly any amount greater than that specified in the
schedule of allowable fees prescribed by the Secretary of Labor and Employment, or to make a
worker pay or acknowledge any amount greater than that actually received by him as a loan or
advance;
(b) To furnish or publish any false notice or information or document in relation to recruitment or
employment;
(c) To give any false notice, testimony, information or document or commit any act of
misrepresentation for the purpose of securing a license or authority under the Labor Code, or for
the purpose of documenting hired workers with the POEA, which include the act of reprocessing
workers through a job order that pertains to non-existent work, work different from the actual
overseas
work, or work with a different employer whether registered or not with the POEA;
(d) To induce or attempt to induce a worker already employed to quit his employment in order to
offer him another unless the transfer is designed to liberate a worker from oppressive terms and
conditions of employment;
(e) To influence or attempt to influence any person or entity not to employ any worker who has
not applied for employment through his agency or who has formed, joined or supported, or has
contacted or is supported by any union or workers organization;
(f) To engage in the recruitment or placement of workers in jobs harmful to
public health or morality or to the dignity of the Republic of the Philippines;
(g) To obstruct or attempt to obstruct inspection by the Secretary of Labor
and Employment or by his duly authorized representative;
(h) To fail to submit reports on the status of employment, placement
vacancies, remittance of foreign exchange earnings, separation from jobs,
departures and such other matters or information as may be required by the
Secretary of Labor and Employment;
(i) To substitute or alter to the prejudice of the worker, employment contracts approved and
verified by the Department of Labor and Employment from the time of actual signing thereof by
the parties up to and including the period of the expiration of the same without the approval of
the Department of
Labor and Employment;

(j) For an officer or agent of a recruitment or placement agency to become an officer or member
of the Board of any corporation engaged in travel agency or to be engaged directly or indirectly in
the management of a travel agency;
(k) To withhold or deny travel documents from applicant workers before departure for monetary
or financial considerations, or for any other reasons, other than those authorized under the Labor
Code and its implementing Rules and Regulations;
(l) Failure to actually deploy a contracted worker without valid reason as determined by the
Department of Labor and Employment; (m) Failure to reimburse expenses incurred by the worker
in connection with his documentation and processing for purposes of deployment, in cases where
the deployment does not actually take place without the worker's fault; and
(n) To allow a non-Filipino citizen to head or manage a licensed recruitment/manning agency.
* OMNIBUS RULES AND REGULATIONS IMPLEMENTING THE MIGRANT WORKERS AND OVERSEAS
FILIPINOS ACT OF 1995,
AS AMENDED BY REPUBLIC ACT NO. 10022
Kilalanin ang illegal recruiter!
Ang illegal recruiter ay:

agad naniningil ng placement fee o anumang kaukulang bayad nang walang resibo

nangangako ng madaliang pag-alis patungo sa ibang bansa

nagre-require agad ng medical examination o training kahit wala pang malinaw na employer o kontrata

nakikipag-transaksiyon sa mga aplikante sa mga pampublikong lugar tulad ng restaurant, mall, atbpa. at hindi sa opisina ng
lisensyadong ahensiya

bahay-bahay kung mag-recruit ng mga aplikante

hndi nagbibigay ng sapat na impormasyon tungkol sa ina-aplayang trabaho

nagsasabi na may kausap na direct employer at ang mga aplikante ay di na kailangang dumaan sa POEA

nangangako ng mabilis na pag-alis ng aplikante gamit ang tourist o visit visa

walang maipakitang employment contract o working visa

nagpapakilala na empleyado ng isang lisensyadong recruitment agency ngunit walang maipakitang ID

nagpapakilala na konektado sa isang travel agency o training center

nanghihikayat sa mga aplikante na mangalap ng iba pang aplikante upang mapabilis ang pagpapaalis

walang maibigay na sapat at tamang impormasyon tungkol sa sarili tulad ng buong pangalan o address

nangangako na ang mga dokumento ay ipapasok sa POEA para mai-process (lalo na sa kaso ng EPS-Korea)

hihikayatin ka dahil nakapag-paalis na ng isa o higit pa gamit ay tourist visa

How to Avoid Illegal Recruitment

1.Do not apply at recruitment agencies not licensed by POEA.

Do not deal with licensed agencies without job orders.

3.Do not deal with any person who is not an authorized representative of a licensed agency.

4.Do not transact business outside the registered address of the agency. If recruitment is conducted in the province, check if the
agency has a provincial recruitment authority.

5.Do not pay more than the allowed placement fee. It should be equivalent to one month salary, exclusive of documentation and
processing costs.

6.Do not pay any placement fee unless you have a valid employment contract and an official receipt.

7.Do not be enticed by ads or brochures requiring you to reply to a Post Office (P.O.) Box, and to enclose payment for processing
of papers.

8.Do not deal with training centers and travel agencies, which promise overseas employment.

9.Do not accept a tourist visa.

10.Do not deal with fixers.

Modus Operandi of Illegal Recruiters

Escort Services
Undocumented workers are escorted at the airport or any international exit to evade checkpoints set to check on the
documents of workers.

TouristWorker Scheme

Assumed Identity

Workers leave the country purportedly as tourist but in reality is being deployed as worker abroad.

Workers particularly minors are deployed abroad under an assumed identity.

Direct Hiring
Workers are hired by foreign employers without the intervention of licensed recruitment agencies and are deployed
undocumented and without protection.

Tips
to
job
the internet in job search:

applicants

using

Read the entirety of the website. Examine whether the company name and profile appear believable.
Check for its company profile or the about us page to see its office location and phone numbers.
Examine the website design plus all links and pages available. A legitimate company would not mind
spending a large money to have a website designed beautifully as the same serves as the businesss window to
the world.

 Take note of the websites invitations to send resumes and application papers through postal mail or drop
boxes. Most legitimate websites would like you to fill up your resume online or send them through e-mail.
Take note of their offers. Most of them offer too-good-to-be-true salaries and other job perks including
free accommodation and bonuses.
Use search engines (yahoo!, google, etc.) and look for the company's name or topics similar to those
discussed in the website you have visited.
Check the domain name of the website to secure additional information.
Report to the POEA or other law enforcement authorities any illegal recruitment activities conducted
through the internet.

Overseas Employment Scams

Job seekers, interested in overseas employment that promises high pay, good benefits, free
traveled adventure, should be aware that there are unscrupulous operators who have devised
elaborate and very convincing scams to bilk unwitting, and often desperate applicants.
Before getting swept away with promises of exotic job opportunities, make sure you have
thoroughly investigated the matter and know the potential risks involved in obtaining overseas
employment.

Typical Overseas Employment Scams

Unlike legitimate employment firms that have permanent addresses, many unscrupulous
operators run their so-called job placement firms from out-of-state, and may provide only a post
office or mail drop address. Although there are legitimate firms with post office or mail drop
addresses, job applicants should be aware that this practice, when used by unscrupulous
operators, makes it easier for the operators to avoid scrutiny by their clients.
In many instances, law enforcement officials investigating a suspicious firm have found a "fly-bynight" operation. The scam headquarters, with little more than a desk and a telephone, may be
based in one state, but operate out of other states, making it more difficult for the officials to
track the operation.
Typical overseas job scams, include:

Firms that charge advance fees. These operations usually advertise in newspapers and
magazines. The ads most frequently offer construction jobs, one of the industries hardest
hit by a weak economy. Consumers who call the number, provided in the ad, are generally
told that there are immediate openings available for which they are perfectly suited. But to
lock in the job, they are told, they must pay a placement fee in advance.
These up-front charges can range from $50 to several thousand dollars. Firms that charge
these advance fees often are so eager to get the money in their hands and avoid using the
U.S. mail service that they may send a courier to pick up the deposit, or require that it be
sent via overnight delivery, at the applicant's expense.
However, more often than not, these firms actually have little, or no, contacts with
employers and can offer minimal assistance, despite their service charges.
Job seekers should not be duped by a firm's promise of a refund, if no job or lead
materializes. Most of these firms that require payment in advance do not stay around long
enough for dissatisfied customers to get their money back.

Firms that charge a fee once they provide a job lead. A disreputable firm may

fabricate job leads, or bring in a third-party to impersonate a potential employer, in order

to get an applicant's fee.

"900" number operators. A "900" number connected with employment opportunities

may charge a high flat fee, or per-minute rate. In some instances,"900" number operators
may fail to disclose the cost of each call or, if printed, display it in fine print. As a result,
callers may not be aware of how much they are spending. Some unscrupulous operators
may even increase their fees by creating delays while the caller is on the line.
In one case, for example, a consumer answered an advertisement instructing job
applicants to call an"800" toll-free number for more information. The message on that
number directed the caller to dial a"900" number to find out about job openings. The"900"
number, however, merely directed the caller to send a stamped, self-addressed envelope to
have a job application mailed out. The consumer complied; received only a one-page
generic job application, and was billed $39 for the phone call.
The FTC now requires, among other things, that operators of "900" numbers provide
information on the cost of the call up front. When calling a "900" number, be sure you
understand the charges before continuing with the call.

Job listing services. There are many firms that make no promises to place you in a job.

They merely sell a list of job opportunities, providing little assurance about the accuracy of
the information.

For instance, the information may be sold via a newsletter that features photocopied helpwanted ads from newspapers around the world. Many of the ads may be months old,
soliciting jobs that already have been filled. In addition, the ads may not have been verified
to ensure that the jobs actually exist.
Some ads may be from countries with strict quotas that discourage the hiring of foreign
citizens. Other publications may promise access to information on job opportunities, but
provide nothing more than a listing of employers in various regions.
How to Avoid Employment Scams
Many job seekers have lost money to disreputable advance-fee placement firms. If you decide to
use an overseas job placement firm, the best way to avoid being scammed is to learn as much as
you can about the operation:

Ask for references. Request both names of employers and employees the company has
actually found jobs for. Scam artists will typically defend their refusal to provide the
information, claiming it is a" trade secret." Or, they frequently claim that if they told you
where the openings are, you would circumvent their services. These schemers may also
cite privacy concerns as the reason for refusing to provide the names of people they have
placed.

Check out reliability. Contact the local Better Business Bureau, as well as the state's
consumer protection agency, to find out if any complaints have been filed against the firm.

Avoid firms that operate solely via telephone or mail. Any reputable placement firm
will almost certainly need to meet you before it can market you effectively to an employer.
Be suspicious of any operation that claims it can place you with an employer, without
meeting and interviewing you.
Be particularly wary of firms that operate outside of the state where they advertise. In
many instances, unscrupulous operators purposefully seek to distance themselves from
their clients in order to avoid closer scrutiny. If they are ultimately challenged, the distance
complicates an investigation by law enforcement authorities.

Find out how long the employment company has been in business. Also, ask what is
the firm's present financial condition. Compare the company, and the services offered, with
other similar firms before you pay a fee.

Get all promises in writing. Before you pay for anything, request and obtain a written
contract that describes the services the firm intends to provide. Determine whether the
firm is simply going to forward your resume to a company that publicly advertised a listing,
or if it will actually seek to place you with an employer. Make sure that any promise you
receive in writing is the same as what was stated in the initial sales pitch.

Research any information the firm provides to you before you make a

commitment. Make certain the job actually exists before you pay a firm to "hold" a slot
for you, and definitely before you make plans to relocate.
Some unfortunate job seekers have been instructed to meet at a particular place to fly to
their new jobs, only to find no airline tickets, no job, and often, no more company.

Check with the embassy of the country where the job is supposed to be located.
Make certain that, as a citizen of another country, you are eligible to work there.

 Ask if you will be eligible for a refund, if the leads the firm provides you are

unacceptable, or do not work out for any other reason. If the firm has a refund
policy, ask for specific written details that spell out whether you can expect a full refund,
and if there are any time limits for receiving your refund.
Even if you are promised a refund in a written agreement, read the fine print. A
disreputable firm may include "red tape" that protects its interests, not yours.
For example, one common scam is to include a requirement that job seekers check in
regularly with the firm, at their own expense. Clients who unwittingly fail to make the
required contact may forfeit their opportunity for a refund. However, they are not told this
until they ask for the refund.

If You Are Scammed

If you have been victimized by an employment scam, you can help prevent these types of
incidents from recurring by reporting it to the proper law enforcement authorities. They may be
able to put the unscrupulous operator out of business and, in extreme cases, fine them heavily or
even put them in jail.
Tips To Remember

Be very skeptical of overseas employment opportunities that sound "too good to be true."
Never send cash in the mail, and be extremely cautious with firms that require a money

order. This could indicate that the firm is attempting to avoid a traceable record of its
transactions.
Do not be fooled by official-sounding names. Many scam artists operate under names that
sound like those of long-standing, reputable firms.
Avoid working with firms that require payment in advance.

Do not give your credit card or bank account number to telephone solicitors.
Read the contract very carefully. Have an attorney look over any documents you are asked
to sign.

Beware of an agency that is unwilling to give you a written contract.

Do not hesitate to ask questions. You have a right to know what services to expect and the
costs involved.

Do not make a hasty decision. Instead, take time to weigh all the pros and cons of the
situation. Be wary of demands that "you must act now."

Keep a copy of all agreements you sign, as well as copies of checks you forward to the
company.
G84.12/95
Overseas Job Scams 1995
Copyright 1995 by the Council of Better Business Bureaus, Inc.