For millions of Filipinos, seeking employment abroad is a life-changing decision. However, the path to overseas opportunities is often fraught with the risk of illegal recruitment. Following the transition from the Philippine Overseas Employment Administration (POEA) to the Department of Migrant Workers (DMW) under Republic Act No. 11592, the protocols for verification have been streamlined but remain rigorous.
Ensuring an agency is licensed is not merely a precaution; it is a legal necessity to ensure protection under Philippine labor laws.
The Legal Framework: POEA vs. DMW
While the POEA was the long-standing regulatory body, the DMW is now the primary executive department of the Philippine government responsible for protecting the rights and promoting the welfare of Overseas Filipino Workers (OFWs).
- POEA Licenses: Existing licenses issued by the POEA remain valid until their expiration, provided they are transitioned into the DMW database.
- DMW Authority: The DMW now oversees the licensing of land-based and sea-based recruitment agencies, the accreditation of foreign employers, and the adjudication of cases involving recruitment violations.
Step-by-Step Verification Process
Verification should always be the first step before submitting any original documents or paying any "placement fees."
1. The DMW Online Verification System
The most reliable method is the DMW Online Services Portal.
- Search Function: Users can access the "Verification of Licensed Agencies" section. You can search by the agency’s name, license status, or the name of its authorized representative.
- Status Indicators: Look for the status labeled "Valid," "Active," or "Renewed." * Warning Signs: Avoid agencies listed as "Delisted," "Cancelled," "Suspended," or "Forever Banned."
2. The "List of Agencies" Mobile App
The DMW maintains a mobile application (DMW Mobile) designed for ease of use. This allows workers to check the status of an agency in real-time. It also provides a list of "Job Orders," which confirms if a specific job opening is actually registered and approved by the government.
3. Physical Inspection of the License
Legitimate agencies are required by law to display their Original License in a conspicuous place within their office.
- Details to Check: The license must contain the agency name, the validity period, and the signature of the DMW Secretary or authorized official.
- Address Matching: The address on the license must match the physical location of the office. A "satellite office" must also have a separate Special Recruitment Authority (SRA) to operate in a specific location.
Verifying Job Orders
A licensed agency does not automatically mean a specific job is legitimate. An agency must have a Registered Job Order.
- Even if an agency is licensed, they cannot recruit for a specific position unless that position has been vetted and approved (accredited) by the DMW.
- You can verify job orders through the DMW website by searching for the "Available Job Orders per Agency."
Red Flags of Illegal Recruitment
Under the Migrant Workers and Overseas Filipinos Act, "illegal recruitment" is a criminal offense. Watch for these indicators:
| Red Flag | Description |
|---|---|
| No Permanent Office | Recruitment conducted in malls, coffee shops, or via private social media groups only. |
| Upfront Fees | Demanding "processing" or "placement" fees before a contract is even signed. |
| Tourist Visa Deployment | Any agency promising work while sending you abroad on a tourist or visitor visa is engaging in illegal activity. |
| No Written Contract | Refusing to provide a copy of the DMW-standard employment contract. |
| Direct Hiring Claims | Claiming they are "exempt" from DMW rules or that they are a "direct hire" consultancy. |
Legal Remedies for Victims
If an individual discovers an agency is unlicensed or has been defrauded, the following steps are mandated by law:
- File a Report with AIRB: The Anti-Illegal Recruitment Branch (AIRB) of the DMW handles the investigation and surveillance of suspected illegal recruiters.
- Coordination with Law Enforcement: The DMW works with the NBI and PNP to conduct entrapment operations and shutdowns of illegal establishments.
- Mandatory Insurance: For licensed agencies, the law requires a Compulsory Insurance Policy that covers money claims, repatriation, and medical emergencies, providing a safety net for the worker.
Conclusion
In the Philippine legal context, the burden of verification lies with the applicant, but the protection of the state is absolute once a worker is processed through legal channels. Verifying a license through the DMW database is the single most effective way to prevent human trafficking and labor exploitation. Always remember: No DMW License, No Recruitment.