How to Verify Registration of Recruitment Agency in the Philippines

How to Verify Registration of a Recruitment Agency in the Philippines

Executive summary

In the Philippines, “recruitment and placement” is a regulated activity. Whether you’re a jobseeker, an HR buyer of services, or counsel doing diligence, the single most important check is: does the entity hold a current government license or authority for the exact recruitment activity it performs, and is that license in good standing? For overseas work, look to the Department of Migrant Workers (DMW); for purely local/private placements, look to DOLE (for PRPAs—Private Recruitment and Placement Agencies) or to DOLE’s Registry of Legitimate Contractors (if the firm is doing contracting/subcontracting). Always cross-check core business registrations (SEC/DTI), tax (BIR), and LGU permits.


Legal framework (Philippine context)

  • Labor Code of the Philippines (PD 442, as amended) – defines recruitment and placement; prohibits illegal recruitment; vests regulation in the State.
  • Migrant Workers and Overseas Filipinos Act (RA 8042, as amended by RA 10022, and further restructured by RA 11641) – governs overseas recruitment; transfers the licensing/regulatory functions from POEA to the DMW.
  • RA 11641 (Department of Migrant Workers Act) – creates DMW and consolidates overseas labor functions (including the former POEA).
  • Anti-Trafficking in Persons Act (RA 9208, as amended by RA 10364) – provides criminal liability where recruitment overlaps with trafficking.
  • DOLE Department Orders – provide the licensing/registration regimes for PRPAs and for contracting/subcontracting (legitimate job contractors must be registered with DOLE).
  • Civil and commercial lawsSEC (for corporations/partnerships), DTI (for sole proprietorships), BIR registration, and LGU mayor’s permits apply to all operating businesses.

Key concept: “License/Authority” (regulatory) is different from business registration (SEC/DTI/BIR/LGU). A company may be duly incorporated yet still be illegal if it recruits without the proper government license/authority for that activity.


Who needs which license?

A. Overseas recruitment (land-based)

  • Must hold a DMW License (formerly “POEA License”) for overseas recruitment and placement.
  • May only deploy workers under approved job orders and with accredited foreign principals/employers.
  • Branch offices require DMW authority; agents cannot operate merely under a head office license unless specifically authorized.

B. Overseas recruitment (sea-based / manning)

  • Manning agencies that deploy seafarers also require a DMW License for sea-based recruitment (with separate compliance requirements).
  • Employers (shipowners/operators) must be accredited; employment contracts follow standard forms and maritime conventions (e.g., MLC, STCW).

C. Local/private employment within the Philippines

  • PRPA License (DOLE) – for private recruitment/placement of workers for local jobs (not overseas).
  • Contracting/Subcontracting (DOLE) – if the firm supplies workers to perform a job or service for a client (tri-partite arrangement), it must be registered as a legitimate contractor with DOLE and comply with capital, equipment, and labor standards. Contracting is not the same as recruitment for direct hire.

Step-by-step verification checklist

1) Identify the exact activity

  • Are they placing workers abroad (DMW jurisdiction) or locally (DOLE PRPA)?
  • Are they recruiting for direct hire or supplying workers as a contractor?
  • Are you dealing with a branch or satellite office? Each must be authorized.

2) Verify the regulatory license/authority

Overseas (DMW):

  • Ask for:

    • DMW License Number and validity dates (should be printed on the certificate and displayed at the office).
    • Authority to Operate for the particular branch you’re visiting.
    • List of accredited foreign principals and current job orders.
  • Confirm that:

    • The license is active (not suspended/expired/cancelled).
    • The legal name on the license matches the entity you’re dealing with (watch for “doing business as” names).
    • The address on the certificate matches the actual office you visited.

Local (DOLE PRPA):

  • Ask for:

    • PRPA License (with number and validity dates).
  • Confirm that:

    • The license category (recruitment/placement) matches the services offered.
    • The office location and trade name align with the license.

Contracting/Subcontracting (DOLE):

  • Ask for:

    • Certificate/Proof of Registration as a Legitimate Contractor under the relevant DOLE Department Order.
  • Confirm that:

    • The registration is current; the contractor complies with capital and equipment requirements; and the arrangement is not “labor-only contracting.”

3) Cross-check corporate and business identity

  • SEC/DTI: Corporate/partnership registration or business name certificate; Articles of Incorporation indicate the primary purpose (recruitment/placement).
  • BIR: Registration (Form 2303) and official receipts.
  • LGU: Mayor’s/Business Permit for the correct address and line of business.
  • Office signage: Full legal name and license number; avoid agencies that obscure their identity or use a different name than the licensed entity.

4) Inspect mandatory postings and disclosures

  • License certificate and authority to operate visibly posted.
  • Schedule of fees and no-placement-fee notices where applicable.
  • Worker education materials: PEOS (Pre-Employment Orientation Seminar) for overseas aspirants; PDOS/CFO guidance for emigrants; standard employment contract samples.

5) Validate jobs, employers, and fees

  • Overseas: The vacancy should be tied to a current job order of an accredited principal; the offered salary, position, and country should match the approved posting.
  • Fees: Confirm what, if anything, may be legally charged (some categories are no placement fee; others have strict caps). Always demand official receipts.
  • No passport/ID confiscation: Agencies may not keep your passport as “security.”
  • Training/medical costs: Only those allowed by regulation should be charged and must be receipted.

6) Confirm branch legitimacy

  • If you’re transacting at a branch, check that the branch itself appears on the regulator’s records or bears a posted authority for that site. A head-office license does not automatically legalize every kiosk or “representative.”

7) Interview the agency (due diligence Q&A)

  • “What is your license number and validity?”
  • “Which principals/employers are you accredited with right now?”
  • “What job orders are currently open and when were they approved?”
  • “What fees are chargeable to applicants? Please itemize and show your posted schedule.”
  • “Is this a branch? Show your authority to operate for this address.”

Red flags (likely illegal or irregular)

  • No posted license, or expired/mismatched license details.
  • Collecting placement fees where not allowed, or refusing to issue official receipts.
  • Guarantees of “fast deployment” or “tourist-to-work visa” schemes.
  • Holding passports, original IDs, or diplomas.
  • Redirecting you to pay third parties in cash or cryptocurrency.
  • Using a trade name that doesn’t match the license; “franchisee” claims without proof of regulator authorization.

What documents a compliant agency typically has on hand

  • Regulatory: DMW license (overseas) or DOLE PRPA license (local), branch authority, accreditation of principals, current job orders; or DOLE legitimate contractor registration for contracting/subcontracting.
  • Corporate/Business: SEC/DTI registration, BIR Certificate of Registration, Mayor’s Permit, lease/occupancy documents.
  • Labor compliance: Standard employment contract templates; schedule of fees; policies against trafficking and passport retention; data privacy notices.

How jobseekers can self-protect

  1. Do not pay any fee that the agency cannot show as legally chargeable; always ask for an OR.
  2. Keep copies of everything: advertisements, texts, emails, IDs of recruiters, receipts, contracts, and handouts.
  3. Take photos of posted licenses and the office signage when you visit.
  4. Complete the PEOS (for overseas) and read the standard contract before signing.
  5. If in doubt, walk away and report the incident.

How employers/clients should vet an agency

  • Scope match: Ensure the license type (overseas vs local; PRPA vs contractor) aligns with the service you’re buying.
  • Standing: Ask for a recent certificate or screenshot of the regulator’s status page showing Active.
  • Insurance/bonds: Verify the required bonds/insurance are in place (regulatory requirement for many license types).
  • Data protection: Confirm compliance with the Data Privacy Act for handling applicant data.
  • Contract hygiene: Require representations/warranties of continuous license validity and compliance with labor standards, with termination rights if the license lapses.

Remedies if something goes wrong

Administrative

  • File a complaint with the DMW (for overseas recruitment) or DOLE (for PRPA/contracting issues). Sanctions include suspension, cancellation, fines, and blacklisting.

Criminal

  • Illegal recruitment (especially by a non-licensee or in large scale) is a serious offense under the Labor Code and the Migrant Workers Act (as amended).
  • Where elements exist, anti-trafficking charges may apply.
  • You may also pursue estafa (fraud) under the Revised Penal Code.

Civil

  • Claims for refunds, damages, or breach of contract may be pursued in the appropriate forum, in parallel with administrative/criminal actions where allowed.

Practical tip: When filing, attach copies of advertisements, messages, receipts, and photos of the office and posted licenses. These greatly strengthen your case.


Frequently asked questions

Is an SEC registration enough? No. SEC/DTI proves business existence, not authority to recruit. You need the proper DMW (overseas) or DOLE (PRPA/contractor) credential.

Can a licensed agency recruit for any job abroad? Only for approved job orders tied to accredited principals. A general license is not a blank check.

Do branches need their own approval? Yes. Branches need a specific authority for the branch location and must display it.

Are placement fees always allowed? No. Many categories are no-placement-fee; when fees are allowed, they’re capped and must be officially receipted.

What if the recruiter says they are an “agent” of a licensed agency? Ask for the written authorization and verify it with the regulator. The safest route is to transact at the licensed office with posted credentials.


Model due-diligence script (use/adapt as needed)

  1. “Please show your DMW/DOLE license with validity dates and the authority for this branch.”
  2. “What job orders are you currently deploying for, and which accredited employers?”
  3. “Please provide your SEC/DTI, BIR, and Mayor’s Permit for this address.”
  4. “What fees do you charge applicants? Kindly show your posted schedule and confirm if any category is no-placement-fee.”
  5. “Who will keep the passport during processing? (It should remain with the worker.)”

Bottom line

  • Overseas = DMW license + accredited principals + current job orders.
  • Local = DOLE PRPA license (for private placement) or DOLE legitimate contractor registration (for contracting).
  • Always corroborate with SEC/DTI, BIR, and LGU documents, and inspect posted licenses and fee notices on site.
  • When red flags appear, do not proceed—report and preserve evidence.

This article is intended as general information for the Philippine setting and is not a substitute for tailored legal advice on a specific case.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.