Contract Substitution or Alteration: An Act of Illegal Recruitment | May 16, 2025

A review of the terms and conditions of the Contract of Employment vis-a-vis the Sea Service Certificate readily reveals respondent’s overwhelming inaction in ensuring the welfare of petitioner.

Contract substitution or alteration is an act of illegal recruitment.  Section 6(i) of the Republic Act No. 8042, as amended, or the Migrant Workers and Overseas Filipinos Act of 1995 provides that to substitute or alter 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 is an act of illegal recruitment.

Proof of service of the assailed judgment must be clearly established to properly determine the period for filing an appeal. To this end, the registry return receipt alone will not suffice to prove service through registered mail.

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