How to File a Complaint Against a Recruitment Agency in the Philippines
(Comprehensive legal guide, updated to June 2025)
Scope & purpose – This article explains every practical and legal step a worker, applicant, or representative can take when a Philippine-licensed recruitment or placement agency—local or overseas—violates the law or the terms of its license. It cites the governing statutes, implementing rules, and current institutional set-up (i.e., the Department of Migrant Workers “DMW,” which absorbed POEA functions in 2023). It is written for informational use only and is not legal advice.
1. Legal and Institutional Framework
| Pillar | Key provisions | Current regulator (2025) | Typical scope |
|---|---|---|---|
| Labor Code of the Philippines (Presidential Decree 442, Book I & VI; Articles 25, 29, 106-124, 301-308) | Licensure of private employment agencies; prohibition on excessive fees; criminalization of illegal recruitment | DOLE (Bureau of Local Employment & Regional Offices) | Local recruitment & job-contracting |
| Migrant Workers and Overseas Filipinos Act (RA 8042, as amended by RA 10022 & RA 11641) | Administrative and criminal liabilities of overseas agencies; workers’ money claims; illegal recruitment by a syndicate or in large scale (now non-bailable, life imprisonment, ₱2 M–₱5 M fine) | Department of Migrant Workers (DMW), incl. Adjudication Office, Licensing & Regulation Office, and Welfare Protection Centers (WPCs) in every region | |
| Expanded Anti-Trafficking in Persons Act (RA 9208 as amended by RA 10364 & RA 11862) | Trafficking, deployment to war zones, forced labor | Inter-Agency Council vs. Trafficking / DOJ | |
| Single-Entry Approach (SEnA) (DO 107-10; DO 225-21) | Compulsory 30-day conciliation-mediation before formal labor case | DOLE or DMW SEnA desks | For money claims ≤ ₱5 M, breach of contract |
| OWWA Charter (RA 10801) | Legal & welfare assistance abroad | POLO/OWWA overseas; OWWA Legal Assistance Division in PH | |
| NLRC Rules of Procedure (2022 version) | Arbitration of employment-related money claims and illegal dismissal | National Labor Relations Commission & its Regional Arbitration Branches | |
| Special rules for seafarers – POEA Standard Employment Contract (2021) ⟶ now DMW-Maritime | |||
| Relevant DOLE/DMW issuances – DO 174-17 (local job contractors), DMW MC 01-22 (transition rules), DMW AO 16-24 (e-Complaints System), etc. |
2. Who Can Be Complained Of & Typical Grounds
| Type of agency | Common violations | Governing sanctions |
|---|---|---|
| Domestic (local) private employment agency / contractor | Collecting placement fees, “cabo” labor-only contracting, contract substitution, non-payment of wages | Suspension/cancellation of DOLE license; criminal prosecution under Labor Code; closure order |
| Overseas recruitment agency (DMW-licensed or foreign principal) | Charging beyond one-month placement fee, misrepresentation, contract switching, non-deployment after payment, withholding passports, human trafficking red flags | Administrative fines (₱50 K – ₱5 M), suspension, perpetual disqualification, criminal action for illegal recruitment/trafficking |
| Unlicensed individual or entity (local or abroad) | Recruiting, collecting fees, or advertising jobs without license | Illegal recruitment – life imprisonment & up to ₱5 M fine; civil indemnity & restitution |
Tip: Gather proof of each element—e.g., receipts, chats, contracts, job ads, airline tickets, passport pages, affidavits of witnesses.
3. Choosing the Proper Forum
| Forum | Jurisdiction | Typical remedies | Prescriptive period |
|---|---|---|---|
| DMW–Adjudication Office (formerly POEA Adjudication) | Administrative & money claims vs. licensed overseas agencies/principals; recruitment violations | Suspension, cancellation, restitution of fees, salary differentials, refund of processing costs | 3 years from cause of action (RA 8042 § 17) |
| DOLE Regional Office / DOLE–BLR | Administrative complaints vs. local agencies, labor contractors & job contractors | License suspension/cancellation; assessment orders; restitution | 3 years (Labor Code Art. 305) |
| NLRC | Monetary claims & illegal dismissal arising from employment contract (local or overseas); appeals from DMW money judgments ≥ ₱100 K | Money awards, reinstatement, attorney’s fees | 4 years (Civil Code Art. 1146) |
| SEnA Desk (DOLE/DMW) | Mandatory first step for money claims ≤ ₱5 M; optional for pure administrative/criminal | Amicable settlement (10-day cooling-off + 30-day mediation) | Suspends running of prescription |
| Criminal complaint with DOJ/NBI or PNP-AIRTG | Illegal recruitment & trafficking | Arrest, prosecution, damages via civil action, hold-departure order | 5 years (ordinary); 20 years for large-scale/syndicated (RA 8042 § 16) |
| Philippine Overseas Labor Office (POLO) / Foreign Court | Contract violations occurring abroad | Immediate conciliation, jobsite ban, repatriation | Depends on host country law |
4. Step-by-Step Procedure
A. Collect Evidence (Day 0 – 20)
Secure originals / certified copies of:
- Official receipts, proof of remittance or online transfers
- E-mails, Viber/FB messages, job posters, group chats
- Signed employment contract, offer letters, verified POEA/DMW contract (for OFWs)
- Passport data page & visa, airline ticket/boarding pass
- Medical exam receipts, PDOS certificate, OEC (if issued)
- Sworn statements of witnesses (use standard PAO form or notarial affidavit)
Chronology – Write a timeline highlighting: date paid, amount, person dealt with, promises made, departure date, deployment/non-deployment, etc.
B. Pre-Filing Queries (Optional, Day 1 - 30)
Check license status via DMW website > e-Verification or DOLE RO jobsfair portal.
Hotlines:
- DMW 24/7: +63 2 8721-0619 / 1348 (OFW One-Repatriation Center)
- DOLE Hotline 1349
C. Single-Entry Approach (SEnA) (Day 1 - 30)
- File Request for Assistance (RFA) at the nearest DOLE Regional Office (local) or DMW WPC (overseas cases).
- Mediation – Officer schedules conferences within 7 days; whole period must finish in 30 days.
- Settlement – Draft compromise agreement → notarization → compliance monitoring.
- Failure of settlement → referral letter issued, enabling you to file a formal case without docket fees.
D. Administrative Complaint
| Overseas cases (DMW) | Local cases (DOLE) |
|---|---|
| 1. Accomplish DMW Form No. AO-01 (Complaint-Affidavit) – available at Adjudication Office window or e-Complaints Portal (https://complaints.dmw.gov.ph). | 1. Prepare Verified Complaint-Affidavit (3 copies) + annexes. |
| 2. Attach proof of settlement attempt (SEnA referral) if money claim; not required for pure recruitment offense. | 2. File at DOLE Regional Office Legal Division or Bureau of Working Conditions for NCR-based agencies. |
| 3. Pay ₱100 filing fee (waived for indigent/OWWA members); electronic payment possible via LandBank LinkBiz. | 3. Docket & assignment to Hearing Officer (no filing fee for administrative cases). |
| 4. Summons & Answer within 10 days; mandatory conciliation conference. | 4. Investigation/inspection & conference within 15 days. |
| 5. Submission of Position Papers; case submitted for decision. | 5. Regional Director’s Order within 30 days. |
| **6. Decision within 90 days from submission; remedies: refund, back-wages, suspension, cancellation of license. | 6. Appeal to DOLE Secretary within 10 days; Order final & executory after 10 days. |
| 7. Appeal to DMW Secretary within 15 days; further appeal to CA (Rule 43) then SC. |
E. Criminal Prosecution (Illegal Recruitment / Trafficking)
Execute Joint-Affidavit of Complaint (with at least two complainants for large-scale).
File with:
- DMW Legal Assistance Division (transmits to DOJ)
- National Bureau of Investigation – Anti-Human Trafficking Division
- Department of Justice – Task Force on Illegal Recruitment/Trafficking
Inquest / Preliminary Investigation → Resolution → filing of information in RTC-Special Commercial Court (designated anti-trafficking court).
Witness protection & OWWA assistance available; restitution may be awarded in criminal judgment.
5. Costs, Timelines & Practical Tips
| Item | Typical range | Who pays? |
|---|---|---|
| Filing fees | ₱0-₱100 (administrative) | Complainant; indigent exemption |
| Representation fees | Public Attorney’s Office (free) or private counsel | Complainant but recoverable as 10% attorney’s fees in NLRC/DMW money award |
| Transcript/certification | ₱75-₱200 per doc | Applicant |
| Appeal bond (NLRC money awards) | Cash/surety equal to award | Respondent agency |
- Document everything early – screenshots may disappear.
- Act quickly – prescription runs even while abroad; stop the clock via SEnA.
- Electronic filing accepted – e-mail or portal filings validated by e-signature under the Rules on Electronic Evidence and EO 170-A (e-Government).
- Beware “settlement traps.” Do not sign a quitclaim without full payment, notarization, and verification by DOLE/DMW.
- Coordinate with POLO/Embassy if presently overseas; they can endorse complaints and arrange repatriation.
- Watch out for trafficking indicators – debt bondage, threats, withholding IDs. Escalate to IACAT 1343 Action Line.
- Check publicly available agency watch-lists (DMW Advisories, DOLE–BWSC Labor-Only Contractor List).
6. Remedies After Decision
- Execution – File a motion with DMW/DOLE for writ of execution; sheriff levies cash bond or garnishes agency assets.
- Appeal timelines must be strictly followed (15 days DMW → CA; 10 days DOLE → DOLE Secretary; 10 days NLRC → Court of Appeals via Rule 65).
- Blacklisting – DMW issues a deployment ban vs. foreign principal; DOLE may recommend cancellation of business permit of a local agency to LGU.
- Refund/Restitution – Collect through cashier’s check deposited with DMW escrow or DOLE bond.
- Civil enforcement abroad – For OFWs, POLO may file wage claims in host-country labor court simultaneously.
7. Frequently Asked Questions
| Question | Short answer |
|---|---|
| Can I complain while still abroad? | Yes. You may file through POLO, via e-mail to DMW Adjudication, or authorize a relative by SPA. |
| What if the agency’s license already expired? | DMW/DOLE retains jurisdiction; penalties include perpetual disqualification and escrow forfeiture. |
| Are recruitment violations also labor standards violations? | They can be both. File separate administrative (DMW/DOLE) and NLRC money claims if needed; actions are cumulative. |
| How long does the whole process take? | Mediation: ≤ 30 days; administrative decision: ~90 days; NLRC arbitration: 3-6 months; criminal case: 1-3 years. |
| Is emotional distress compensable? | Moral/exemplary damages may be awarded by NLRC or regular courts, not by DMW administrative cases. |
8. Sample Checklist Before Filing
- Settlement attempt via SEnA (unless pure admin/criminal)
- Complaint-Affidavit (narrative + numbered paragraphs)
- Certified true copies of receipts & contracts
- Proof of identity & authorization (if representative)
- Verification & Certification against forum shopping
- Payment or fee-exemption affidavit
- Two extra photocopy sets for agency & docket
9. Agencies & Hotlines (2025)
| Office | Hotline / E-mail | Address |
|---|---|---|
| DMW Central (Adjudication Office) | +63 2 8721-0619 / complaints@dmw.gov.ph | DMW Blg., Ortigas Ave. cor. EDSA, Mandaluyong |
| DOLE Hotline | 1349 (24/7) | Intramuros, Manila + all Regional Offices |
| NBI Anti-Human Trafficking Div. | +63 2 8523-8231 loc. 3702 | NBI HQ, Taft Ave., Manila |
| PNP Anti-Illegal Recruitment Task Group | +63 2 8725-1144 | Camp Crame, Quezon City |
| IACAT 1343 Action Line | 1343 (Globe/Smart) | DOJ Bldg., Padre Faura, Manila |
| OWWA One-Repatriation Command | +63 2 1348 | 24/7 |
10. Conclusion & Practical Takeaway
Filing a complaint against a Philippine recruitment agency is multi-track: start with conciliation (SEnA) whenever money is involved, escalate to DMW or DOLE for administrative sanctions, and pursue NLRC or criminal action for full redress. The legal arsenal—from the Labor Code to RA 11641—offers strong penalties (including life imprisonment for large-scale illegal recruitment) and protective mechanisms like escrow funds and jobsite bans. Success, however, depends on timely action and complete documentation. Workers should keep receipts, preserve chats, act within the prescriptive periods, and tap free assistance from DOLE, DMW, OWWA, PAO, and POLO.
This guide reflects laws and procedures in force as of June 27 2025. Always check the latest DMW or DOLE advisories before filing, or consult a reputable labor-law practitioner for case-specific advice.