Visa cost payment as illegal recruitment

Seafarers are not required to pay for the expenses incurred in the visa processing as part of  deployment fees. Otherwise, the company may be liable for illegal recruitment per POEA rules. 

Under POEA rules, all processing fees required for deployment are chargeable to the principal/employer such as pre-employment medical examination (PEME) in their designated clinic, POEA and OWWA fees, visas, principal’s/employer’s flag State ship requirements, principal’s/employer’s required trainings and other requirements. 

The only incident where refund is allowed is  in case of the seafarer’s failure or unjustified refusal to join ship after all processing fees have been incurred by the principal/employer. 

As a general rule, transit visa requirements for seafarers  are administrative entry restrictions imposed by countries during transit or turnaround. The validity of transit visas are usually limited to short terms such as several hours to  days depending on the size of the country and the circumstances.  The transit visa usually covers seafarer who   intend to: a) join a ship that is (or will be) in a foreign   port, b) land with the aim of join another ship that is (or will arrive) in a foreign  port. 

On the other hand, costs chargeable to the seafarer include  documentation costs of all statutory requirements such as, but not limited to, passport, seafarer’s identification and record book (SIRB), NBI/police/barangay clearance, Seafarer’s Registration Certificate (SRC) and birth certificate.

In some cases of  non-deployment, there are   seafarers who  are  forced to refund the visa expenses  in exchange for the release of their travel documents  such as passports and SIRB. 

Legally speaking, the unauthorized withholding of  the  travel documents    is a form of coercion that  is penalized as Illegal Recruitment under Republic Act. No. 8042, as amended  by R.A. 10022, otherwise known as "Migrant Workers and Overseas Filipinos Act of 1995.. "

The law specifically states that is   unlawful “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. ”

Agencies and foreign principals found violating POEA rules will be blacklisted or penalized in accordance with R.A.  10022. POEA rules likewise provide that disciplinary actions will be meted against foreign principals and employers of OFWs found violating Philippine laws, rules, and regulations on overseas employment.

The persons criminally liable for the said  offense are the principals, accomplices and accessories. In case of juridical persons, the officers having ownership, control, management or direction of their business and the responsible for the commission of the offense and the responsible employees/agents thereof shall be liable.

Any person found guilty of illegal recruitment shall suffer the penalty of imprisonment of not less than twelve (12) years and one (1) day but not more than twenty (20) years and a fine of not less than P1,000,000.00 nor more than P2,000,000.00.

The penalty of life imprisonment and a fine of not less than P2,000,000.00 nor more than P5,000,000.00 shall be imposed if illegal recruitment constitutes economic sabotage as defined therein. 

If the offender is an alien, he or she shall also be deported without further proceedings.

In every case, conviction shall cause and carry the automatic revocation of the license or registration of the recruitment/manning agency, lending institutions, training school or medical clinic.