What Is Sexual Harassment?

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1355123958 sexual harassment in the workplace by boland 11 What Is Sexual Harassment?Republic Act No. 7877, commonly known as the Anti Sexual Harassment Act punishes those who are guilty of sexual harassment in the employment, education and training grounds.
Who May be Held Liable
The following persons may be held liable for sexual harassment:
Any employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person, who, having authority, influence, or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from another, regardless of whether the demand, request or requirement for submission is accepted by the object of said act.

Any person who directs or induces another to commit any act of sexual harassment as defined in the law, or who cooperates in the commission thereof by another without which it would not have been committed.

Sexual Harassment in Employment Environment
There is sexual harassment if the sexual favor is made as a condition in the hiring or in the employment, re-employment or continued employment of an individual. Also, there is sexual harassment if in granting said favorable compensation, terms of conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating, or classifying the employee which in any way would discriminate, deprive, or diminish employment opportunities or otherwise adversely affect an employee.

Sexual Harassment in Education/Training Environment
There is sexual harassment if the offender commits it against one who is under his/her care, custody or supervision or to one whose apprenticeship or tutorship is entrusted to him. It is also committed when the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprenticeship.
In addition, when the sexual favor is made a condition to giving of a passing grade or the granting of honors and scholarships, stipend, allowance, or other benefits, privileges or consideration, there is sexual harassment.
Duty of the Head of the Office
It is the duty of the employer or the head of any education or training environment to prevent or deter the commission of this act and to provide for the resolution, settlement or prosecution of the offender of sexual harassment. Otherwise, they may be held solidarily liable for damages arising from the act of sexual harassment.

What Is Illegal Recruitment?

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prison2 300x225 What Is Illegal Recruitment?Recruitment, under the Labor Laws of the Philippines, is defined as any act of canvassing, enlisting, hiring, or procuring workers, including referring contract services, promising or advertising for employment abroad, whether for profit or not. It is also provided for under the laws of the Philippines that before anyone performs any of these acts, he should first acquire license or authority from appropriate government agencies. Thus, recruitment becomes illegal when the person or entity doing these acts is not licensed or authorized to do so.
Even persons or entities that are licensed or authorized by law to recruit may be liable for illegal recruitment if they try to defraud their clients or the State. For instance, they cannot ask from their recruits  for a higher fee than that allowed by the Secretary of Labor and Employment, they cannot obstruct or attempt to obstruct inspection by the Secretary of Labor and Employment or any of his authorized representatives, and they cannot substitute or alter employment contracts which are approved and verified by the Department of Labor and Employment (DOLE) from the time the contracts are actually signed by the parties up to the time that the contract expires without the approval of the DOLE. In addition to these, the failure of the recruiter to actually deploy his recruits without valid reasons as determined by the DOLE, and failure to reimburse all expenses incurred by the recruits in connection with documentation and processing of his deployment can make a recruiter liable for illegal recruitment.
This is illustrated in the case of People vs. Calonzo, GR Nos. 115150-55, September 27, 1996. In this case, Calonzo told Danilo and Reydante that he can help them find work in Italy if they can pay him P120, 000.00 as processing fee. Although both Danilo and Reydante were able to pay the processing fee that Calonzo asked for, the latter was not able to send them to Italy. When Danilo and Reydante tried to verify from the POEA whether Calonzo is licensed or authorized to recruit, they found out that Calonzo was not. Thus, they charged Calonzo with Illegal Recruitment.
In this case, the Supreme Court ruled that Calonzo is liable for Illegal Recruitment. Firstly, Calonzo made his recruits believe that jobs are waiting for them in Italy by representing to them that he had the facility to send them abroad; however, Danilo and Reydante were never sent to Italy. Secondly, POEA certified that Calonzo was not licensed to recruit workers for abroad.
Illegal Recruitment and Estafa
In the above case, the Supreme Court said that although Calonzo was charged with Illegal Recruitment, he was also held liable for estafa since the elements of estafa are also present. Calonzo defrauded his recruits through deceit by making them believe that he could provide them employment in Italy. Because of his misrepresentations, the recruits were made to part with their money. With deceit and damage present, estafa was also committed.