How to File a Complaint Against a Recruitment Agency in the Philippines

For general information only; not a substitute for legal advice for a specific case.

I. Start with the right question: “What kind of recruitment issue is this?”

Your first step is to classify the problem, because the correct government office (and the kind of case to file) depends on whether the recruitment was for overseas employment or local employment, and whether you need administrative, labor, criminal, or civil remedies.

A. Overseas recruitment (OFW deployment)

This usually involves a “recruitment/manning agency” promising work abroad, processing documents, collecting placement fees, and deploying you to a foreign employer/principal.

Primary government bodies commonly involved:

• Department of Migrant Workers (DMW) (which assumed core regulatory functions previously handled by POEA)
• NLRC / Labor Arbiters (for money claims arising from the employment relationship, including many OFW claims)
• DOJ (Prosecutor’s Office) and NBI/PNP (for criminal cases like illegal recruitment, estafa, trafficking)
• MWO/Embassy/Consulate abroad (for assistance when you are outside the Philippines)

B. Local recruitment (Philippine-based employment)

This may involve:

• A private employment agency recruiting for local jobs, or
• A manpower/contractor supplying workers to a client company, or
• A “placement” arrangement for domestic employment.

Primary government bodies commonly involved:

• DOLE Regional Office (licensing/regulation of certain local recruitment/placement activities; labor standards enforcement)
• NLRC / Labor Arbiters (illegal dismissal, money claims, employer-employee disputes)
• DOJ (Prosecutor’s Office) and NBI/PNP (criminal fraud, illegal recruitment where applicable)

II. Know what you can file: four common “tracks”

You can often pursue more than one track at the same time (for example, an administrative case to sanction the agency and a criminal case to prosecute the recruiters). Which ones apply depends on your facts.

Track 1 — Administrative complaint (license/discipline case)

This is for violations of recruitment rules and conditions of licensure (e.g., illegal fee collection, misrepresentation, contract substitution, prohibited practices). Possible outcomes: suspension/cancellation of license, fines, orders to refund, blacklisting of recruiters, enforcement against the agency’s bond (depending on the governing rules).

Track 2 — Labor case / money claim (employment-related)

This is for claims like unpaid salaries, illegal deductions, breach of contract, illegal dismissal (including for OFWs), or refund of certain fees linked to the employment relationship. Possible outcomes: monetary awards, reinstatement (in local cases), damages in appropriate cases.

Track 3 — Criminal case (punishment for illegal recruitment, estafa, trafficking, falsification, etc.)

This applies when the conduct meets the elements of crimes—especially illegal recruitment and/or estafa (swindling). Possible outcomes: prosecution, imprisonment/fines upon conviction; restitution may be ordered, but criminal cases primarily punish the offender.

Track 4 — Civil case (refund/damages not squarely within labor jurisdiction)

Sometimes used when the dispute is essentially a debt/refund or damages claim not rooted in an employer-employee relationship. Possible outcomes: judgment for refund/damages; enforcement via civil execution.

III. The fastest way to choose the right forum: use this decision guide

A. If the job was abroad (OFW recruitment)

You commonly consider all three:

1. Administrative complaint vs the agency

• File with DMW for recruitment-rule violations (especially prohibited practices and agency misconduct).

2. Money claims (wages, illegal dismissal, contract claims, reimbursement/refund tied to employment)

• File with NLRC/Labor Arbiter (common route for OFW money claims and contract disputes where jurisdiction applies).

3. Criminal complaint

• File with DOJ (City/Provincial Prosecutor); often assisted by NBI/PNP for investigation, especially where recruiters are not licensed or you were scammed.

B. If the job was local (Philippines-based)

• For labor disputes (illegal dismissal, underpayment, benefits): NLRC (if an employer-employee relationship exists) or DOLE for labor standards/inspection-type issues (depending on the nature of the claim).
• For violations by a local recruitment/placement agency: DOLE Regional Office may be involved.
• For scams/fraud: Prosecutor’s Office + NBI/PNP.

IV. Step 1 in every case: gather proof (this makes or breaks complaints)

Recruitment disputes are evidence-heavy. Before filing, compile:

A. Identity and licensing information

• Agency name, office address, telephone numbers, social media pages
• Names of officers, staff, “recruiters,” and whoever took your money
• Any “license number” or claims of being “authorized/accredited”
• Photos of office signage, IDs, calling cards, business permits (if any)

B. Proof of recruitment acts and promises

• Screenshots of ads/posts (Facebook, TikTok, Messenger, Viber, WhatsApp)
• Messages promising employment, salary, visa type, deployment date
• Audio/video recordings if legally and safely obtained
• Emails, letters, chat logs, call logs

C. Proof of payments

• Official receipts (best), or
• Deposit slips, remittance receipts, e-wallet transfers, bank transfer records
• Ledgers/acknowledgment receipts, handwritten notes, screenshots of transactions
• Names of payees and accounts used

D. Proof of the employment transaction

• Signed contracts (even “training contracts” or “reservation” forms)
• Job orders, job offers, “appointment letters”
• Medical exam referrals, training certificates, itinerary/booking documents
• Passport handling receipts, document checklists, “requirements” forms

E. Witnesses

• Other applicants recruited by the same people
• People present when payments were made or promises were given
• Co-complainants are especially important for proving patterns and scale

V. Step 2: check whether the “agency” is actually licensed (and why it matters)

Licensing status affects both proof and charges:

• If the recruiter/agency is not licensed/authorized, recruitment activities can qualify as illegal recruitment (a crime), even if they only “promised” a job and collected money.
• If the agency is licensed, it can still commit illegal recruitment through prohibited practices (and can be pursued administratively and criminally, depending on the act).

Even if you cannot verify immediately, your complaint can proceed; licensing can be validated during investigation.

VI. Filing an administrative complaint (agency discipline / license case)

A. Overseas recruitment: file with DMW

This is appropriate when a licensed recruitment/manning agency (or its officers/agents) violates recruitment regulations. Common grounds include:

• Charging or collecting prohibited or excessive fees
• Misrepresentation (job does not exist; fake employer; false salary)
• Contract substitution or downgrading of terms
• Withholding passports/documents to pressure payment
• Failure to deploy without valid reason and refusal to refund
• Using an unaccredited recruiter/representative or unauthorized collection schemes
• Harassment, threats, or coercion related to recruitment

Typical remedies/outcomes:

• Refund/restitution orders (depending on the rules)
• Suspension/cancellation of license
• Fines and sanctions; blacklisting of responsible individuals
• Action against the agency’s bond or escrow mechanisms (where provided)

How it typically works:

1. Prepare a verified complaint (signed, often notarized) narrating facts chronologically.
2. Attach documentary evidence and a list of witnesses.
3. File with the appropriate DMW office (central/regional, depending on procedure).
4. The agency is required to answer; proceedings may include mediation/conciliation and hearings.
5. Decision and possible motions/appeals per administrative rules.

B. Local recruitment/placement: file with DOLE (as applicable)

For local employment agencies and certain placement activities regulated by DOLE, an administrative complaint may be filed with the DOLE Regional Office for violations of licensing/placement rules.

Because “recruitment” locally can overlap with labor contracting arrangements, DOLE may also look at:

• Whether the entity is acting as a legitimate contractor or engaging in labor-only contracting
• Whether labor standards violations are present (underpayment, non-remittance of benefits)

VII. Filing a labor case / money claim (NLRC / Labor Arbiter)

A. When NLRC is usually the right venue

You generally consider NLRC/Labor Arbiter proceedings when your complaint involves:

• Unpaid wages/benefits
• Illegal dismissal or constructive dismissal
• Contract violations tied to employment
• Illegal deductions
• Claims for damages that are anchored on the employment relationship (in proper cases)

For OFWs, many employment-related money claims are pursued before the NLRC, and a key practical point is this:

Recruitment agencies are commonly held jointly and solidarily liable with the foreign employer/principal for certain OFW claims under migration/employment rules. This is why agencies are often included as respondents in OFW money claims even if the work was abroad.

B. Typical OFW scenarios brought to NLRC

• You were deployed, then:

  • terminated early without just cause or due process
  • underpaid compared to the contract
  • made to shoulder illegal charges
  • assigned to a different job/location/salary (contract substitution)

• You were not deployed but fees were collected and not refunded (jurisdiction can depend on how the claim is framed and the governing rules)

C. What to expect procedurally

• Filing of a complaint form and position paper submissions
• Mandatory conferences/conciliation efforts
• Presentation of evidence (often through affidavits and documents)
• Decision; possible appeals

VIII. Filing a criminal complaint: illegal recruitment, estafa, and related offenses

A. Illegal recruitment (the core criminal remedy in recruitment scams)

In general terms, illegal recruitment involves recruitment/placement activities:

• by a person/entity without the required license/authority; and/or
• involving prohibited practices even by a licensed entity, depending on the applicable migrant worker/recruitment laws.

Why this matters: Even if you never left the country, “recruitment acts” plus collection of money and promises of deployment can be enough for illegal recruitment charges.

Large-scale and syndicated illegal recruitment

Philippine law recognizes stiffer treatment when:

• Large-scale: committed against three (3) or more persons (individually or as a group), and/or
• Syndicated: committed by three (3) or more recruiters conspiring together

These are commonly treated as economic sabotage, with much heavier penalties than ordinary cases.

Prescriptive periods (very important)

Illegal recruitment cases have specific prescriptive periods, and more serious forms generally prescribe later. As a practical rule: file as early as possible.

B. Estafa (swindling) often accompanies illegal recruitment

Many recruitment scams also fit estafa elements (deceit and damage). It is common to file:

• Illegal recruitment (special law), and
• Estafa (Revised Penal Code), together—depending on the evidence.

C. Other possible criminal angles

Depending on facts, additional charges may apply, such as:

• Falsification (fake documents, forged receipts)
• Identity theft/cybercrime aspects (online scams)
• Human trafficking indicators (forced labor, deception for exploitation)

D. Where and how to file the criminal complaint

1. Prepare a Complaint-Affidavit (narrative of facts, offenders, how recruitment happened, payments, promises, harm).
2. Attach supporting evidence (receipts, screenshots, contracts, IDs).
3. Attach witness affidavits (especially co-victims).
4. File with the City/Provincial Prosecutor’s Office (the DOJ’s local prosecution arm). Many complainants first go to NBI/PNP to help build the case file, but the prosecutor is the one who conducts preliminary investigation and decides whether to file in court.

Venue: Often depends on where the offense or any essential element occurred (e.g., where you were recruited, where payment was made, where you met the recruiter). In many cases, filing where the recruitment activity or payment occurred is the safest practical choice.

E. What happens next (criminal track)

• Preliminary investigation: respondents are required to submit counter-affidavits
• Prosecutor resolves whether there is probable cause
• If filed in court: arraignment, trial, and judgment
• In some cases, law enforcement may conduct entrapment operations—this is a law enforcement matter and must be coordinated through proper authorities

IX. Special situation: you are abroad (already deployed, stranded, or repatriated)

If you are outside the Philippines:

• Report to the nearest MWO / Philippine Embassy / Consulate for documentation and coordination.
• Preserve evidence (screenshots, contracts, payslips, repatriation papers).
• For employment disputes, documentation from abroad can support an NLRC claim filed in the Philippines.
• If the dispute involves recruitment violations, your report can be transmitted to the appropriate Philippine authorities for administrative/criminal action.

X. Writing the complaint: what a strong complaint looks like

Whether administrative, labor, or criminal, your narrative should be clear and chronological. A good complaint typically contains:

1. Parties

   • Your full name, address, contact details
   • Respondents: agency name, address, officers, recruiters, social media identities, phone numbers

2. Facts (chronology)

   • How you learned of the job offer
   • Who contacted you, what they promised, what documents they asked for
   • Dates and places of meetings
   • Payment details (how much, when, where, to whom, how sent)
   • What happened after (delays, excuses, refusal to refund, threats)

3. Violations / causes of action

   • Identify the prohibited acts in plain language (misrepresentation, illegal fees, non-deployment, withholding documents, etc.)
   • If filing criminal: specify illegal recruitment and/or estafa based on the facts

4. Evidence list

   • Mark attachments and organize them (A, B, C…)
   • Provide a short description for each attachment

5. Relief / prayer

   • Administrative: sanctions + refund/restitution
   • Labor: monetary claims/damages (as allowed)
   • Criminal: prosecution + restitution where appropriate

6. Verification and notarization (often required)

   • Many complaint-affidavits are notarized; follow the receiving office’s requirements

XI. Common pitfalls that weaken cases (and how to avoid them)

1. No receipts, only verbal claims

   • Preserve transaction records; obtain bank/e-wallet histories; screenshot everything.

2. Filing only one case when multiple remedies apply

   • Administrative sanctions do not automatically give you the same relief as a labor award or criminal restitution.

3. Not naming the right people

   • Include the agency, the recruiters, and responsible officers when identifiable.

4. Inconsistent timelines

   • Use a dated timeline; align receipts/screenshots to dates.

5. Relying on “settlement” with no paper trail

   • If a settlement occurs, put it in writing; understand that some “quitclaims” may not bar lawful claims in labor contexts, but they can complicate matters.

6. Delay

   • Delay can affect evidence, witnesses, and prescription periods.

XII. What outcomes are realistic?

Administrative cases

• License suspension/cancellation
• Fines/sanctions
• Refund/restitution orders in appropriate cases
• Blacklisting/disqualification of recruiters

Labor cases (NLRC)

• Monetary awards (wages, reimbursements, damages where proper)
• Attorney’s fees may be awarded in certain situations
• Enforcement against assets/bonds depends on applicable rules and the respondent’s solvency

Criminal cases

• Conviction can mean imprisonment and fines
• Courts may order restitution, but collection can still be a practical challenge if the accused has no recoverable assets

XIII. Quick checklists

A. If you suspect an overseas recruitment scam

• Gather proof of recruitment acts + payments + identity of recruiters

• File:

  • Criminal: Prosecutor (often via NBI/PNP assistance)
  • Administrative (if a licensed agency is involved): DMW
  • Money claims (if employment contract issues exist): NLRC

B. If you were legally deployed but abused/terminated/underpaid

• Preserve your contract and proof of actual working conditions

• File:

  • NLRC money claim (often including the recruitment agency as respondent)
  • Consider DMW administrative complaint if recruitment-rule violations occurred (e.g., contract substitution)

C. If the issue is local manpower/contracting

• Identify if your dispute is labor standards/illegal dismissal (NLRC/DOLE depending on issue)
• Preserve payslips, time records, employment contracts, and proof of control/supervision by the employer or contractor

XIV. Key legal concepts worth knowing (in plain terms)

• Recruitment acts are broadly defined; even “referrals” or “promises” tied to hiring can count.
• License/authority matters, but licensed agencies can still be liable for prohibited practices.
• Joint and solidary liability is a cornerstone protection for OFWs: agencies can be held answerable locally for many claims arising from overseas employment.
• Large-scale/syndicated illegal recruitment elevates the case substantially when there are multiple victims or multiple conspirators.
• Your documents and timeline are often more decisive than lengthy arguments.