1. Understanding Your Legal Ground

Key Provision	What it Covers	Why it Matters to a Complaint
Labor Code of the Philippines (PD 442, as amended)—Book III & IV; Arts. 106-109, 128-131	Regulates contracting, labor-only contracting, monetary benefits, and DOLE’s visitorial & enforcement powers	Establishes joint and solidary liability of the agency and its principal, empowers DOLE to inspect and to issue compliance orders
Department Order (DO) 174-17, s. 2017	Governs contracting/sub-contracting and registration of contractors	A common basis for claims of illegal labor-only contracting or unregistered agency operations
DOLE Department Order 216-20	Rules on licensing & regulation of Private Employment Agencies (PEAs)	Non-compliance (e.g., no license, overcharging fees) is ground for complaints & suspension of license
Republic Act 10395 (SEnA Law) & DOLE Department Order 107-10	Institutionalizes the Single-Entry Approach (SEnA)—30-day mandatory conciliation-mediation	This is the entry point for nearly all labor complaints, including those vs. employment agencies
Article 118, Labor Code	Prohibits retaliatory measures	Protects complainants and witnesses

Tip: Money claims prescribe in three (3) years; illegal dismissal & damages in four (4) years; unfair labor practice in one (1) year. File early to avoid prescription.

2. When and Where to File

Local employment agency issues—file with the DOLE Regional/Field Office that covers the agency or the workplace.
Overseas recruitment agency—file with the Department of Migrant Workers (DMW, formerly POEA); you may still route ancillary money claims through DOLE-SEnA if you are already back home.
Collective labor disputes (e.g., union-related) normally go to the NLRC or BLR, but SEnA is still the first stop.

Dispute Type	Proper Forum after SEnA, if unresolved	Monetary Threshold
Pure labor-standards violations (wages, benefits, OSH)	DOLE Regional Director via Article 128 visitorial/enforcement power	Any amount
Illegal dismissal, reinstatement, damages	National Labor Relations Commission (NLRC)	Any amount
Money claim without reinstatement	NLRC (if > ₱5,000) • Barangay/DOLE (< ₱5,000)	₱5,000 rule still found in Art. 129 but rarely applied because most cases > ₱5k go to NLRC

3. Step-by-Step Filing Guide

3.1 Prepare Your Evidence

Employment documents: contract, company ID, payslips, vouchers, time cards, policy memos, chat/email instructions.
Agency particulars: business permit, DO 174 registration number, PEA license (if available).
Personal records: government-issued ID, SSS/PhilHealth/Pag-IBIG numbers (to show non-remittance).

Keep originals safe; bring two sets of photocopies.

3.2 Single-Entry Approach (SEnA)

Visit the DOLE Single-Entry Assistance Desk (SEAD) in any DOLE Regional, Provincial, or Field Office.
Fill out the Request for Assistance (RFA) Form—state the parties, facts, claims, and reliefs sought.
No filing fees.
Conciliation-Mediation Conferences: Up to 30 calendar days (may be extended by 7 days upon mutual agreement).
Possible Outcomes
- Settlement Agreement—must be in writing, signed, and approved by DOLE; enforceable as final judgment.
- Referral (if unsettled): ➔ NLRC (adjudication) or ➔ DOLE inspection unit for labor-standards case.
- Referral for Criminal Investigation if illegal fees, trafficking, or falsification is involved.

Good faith participation is required. Non-appearance of either party without valid excuse can lead to referral/closure and may be taken against the non-appearing party in later proceedings.

3.3 DOLE Inspection & Compliance Order

If your complaint relates to labor-standards violations (underpayment, non-remittance, OSH), the DOLE inspectorate may conduct an unannounced inspection within 10 working days of referral.
Employer/agency is directed to show cause or comply; DOLE issues a Compliance Order.
Failure to comply can lead to:
- Writ of Execution for money awards, served by the DOLE Sheriff.
- Suspension or cancellation of the agency’s DO 174 Certificate or PEA license.
- Possible criminal prosecution for repeated violations.

3.4 NLRC Adjudication (If Needed)

Prepare a Verified Complaint (NLRC Form No. 1) and Position Paper; attach annexes.
Pay Filing & Docket Fees (usually ₱500–₱1,500 depending on region and claims).
Undergo Mandatory Conciliation & Mediation before the Labor Arbiter (separate from SEnA).
Labor Arbiter conducts hearings; decision (30 days after submission for decision) may award backwages, reinstatement, damages, attorney’s fees.
Appeal to NLRC Commission en banc within 10 days; further appeal to Court of Appeals via Rule 65 (60 days), and finally to Supreme Court.

4. Special Scenarios & Practical Tips

Scenario	Additional Notes
Agency is unlicensed	Report immediately; DOLE may issue cease-and-desist order and recommend criminal charges under Art. 303(Labor Code)
OFW recruited by local agency	You may simultaneously file with DMW (formerly POEA) for recruitment violations and with NLRC for money claims arising from employment
Health & Safety complaint	Invoke Republic Act 11058 (OSH Law); DOLE may issue Work Stoppage Order on imminent danger
Discrimination / Violence	Include violations of RA 11313 (Safe Spaces Act) or RA 11166 (HIV/AIDS Policy) in your RFA
Confidential whistle-blower	Mark “Yes” under “Request Confidentiality” in RFA; DOLE will withhold your identity during inspection
Retaliation / Dismissal after complaint	File a separate illegal-dismissal case; retaliatory dismissal is itself an unfair labor practice

5. Sample Complaint Letter (Optional Route)

Note: You may skip this if you use the RFA form, but some workers choose to attach a narrative.

August ___, 2025

Regional Director
Department of Labor and Employment – NCR
(Regional Address)

Re:  Labor-Standards Complaint vs. ABC Employment Agency, Inc.

Dear Director:

I, (Name), Filipino, of legal age, most respectfully file this complaint against ABC Employment Agency, Inc., located at (address), on the following grounds:

1. Non-payment of statutory minimum wage for the period January–June 2025;
2. Non-remittance of SSS, PhilHealth, and Pag-IBIG contributions since hiring on 01 July 2024;
3. Non-payment of holiday pay and 13th-month pay for 2024;
4. Illegal deductions for “placement fees” totaling ₱15,000 without official receipts;
5. Threats of dismissal for asserting my rights (Art. 118, Labor Code).

Supporting documents are attached as Annexes “A” to “H”. I request the conduct of SEnA mediation and, if necessary, the issuance of an Order directing compliance and payment of my money claims amounting to ₱___.

Respectfully,

(Signature)
(Name)
(Contact details)

6. Frequently Asked Questions

Question	Short Answer
Do I need a lawyer for SEnA?	No, parties may appear personally; but legal counsel/union reps are allowed.
Is there a filing fee?	SEnA is free; NLRC charges minimal docket fees.
Can I file online?	Yes—use the DOLE Online SEnA (https://sena.dole.gov.ph) or e-mail the regional office.
How long will the whole process take?	SEnA: max 30+7 days; DOLE inspection: ~30-60 days; NLRC: 3-12 months depending on appeals.
What if the agency closes or disappears?	You may implead the principal company (solidary liability) and request DOLE to go after bonds or escrow deposits of the agency.

7. Key DOLE Contacts (2025)

24/7 Hotline: 1349 (landline/mobile)
Email: concerns@dole.gov.ph
NCR Regional Office: 2/F DOLE Building, 967 Maligaya St., Malate, Manila
All regional offices list & hotlines are posted at www.dole.gov.ph/ro

8. Final Notes

Documentation is king. Secure copies of every employment-related paper and correspondence.
SEnA first is mandatory; skipping it can lead to outright dismissal of a later NLRC case.
Act within prescriptive periods—delay risks forfeiting claims.
Updates happen. DOLE periodically amends its rules (e.g., DO 238-24 on digital filings). Always verify the latest issuances before filing.

By following this guide, you can assert your rights effectively and navigate the Philippine labor-complaint system with confidence.