The Short Answer
If the agency signed you up for a job abroad and then did not send you without a valid reason, the law can treat that as illegal recruitment, even if the agency has a license. You can also ask for the money you paid back, since the law treats failing to return your processing costs, when it was not your fault you did not leave, as illegal recruitment too. Report it to the Department of Migrant Workers (DMW), and keep every receipt and message.
Example: Jomar Villanueva Waits for a Job in Riyadh
Names and details in this example are made up.
Jomar Villanueva, a welder from Barangay Malinta, Valenzuela City, applies in January 2026 at an agency in Ermita, Manila, for a welding job in Riyadh. He pays ₱25,000 that the agency calls a "processing fee", plus ₱4,500 for his medical exam at a clinic the agency picked. He signs a contract in February. The agency says he will fly in April.
April passes. Then June. The agency stops answering his calls. When he goes to the office, the staff say the employer "is still waiting for a visa".
Step 1: check the agency. Jomar searches the agency's exact registered name on the DMW's list of licensed agencies. It is licensed. That does not end the matter: a licensed agency that fails to deploy a contracted worker without a valid reason, or that fails to return the worker's processing costs when it was not the worker's fault, can still be liable for illegal recruitment.
Step 2: ask in writing. He writes the agency a short letter, keeps a copy, and asks for either a firm departure date or the return of what he paid. He uses the Demand Letter template as a starting point.
Step 3: go to the DMW. When the agency does not answer, Jomar files a complaint at the DMW office, bringing his Official Receipt for the ₱25,000, the clinic's receipt, his contract, the agency's text messages and the names of the staff he dealt with. The DMW can look into the agency's violation of the recruitment rules, and the case can include a claim for his money back.
What if the agency had not been licensed? Then anyone who recruited him for a job abroad would be doing illegal recruitment from the start. Jomar should also report to the police or the NBI, and he can file a criminal complaint with the prosecutor. If he and two other applicants were victims, or three or more people ran the scheme, it can be the heavier crime of illegal recruitment as economic sabotage.
When Not Being Deployed Is Illegal Recruitment
The Migrant Workers Act, Republic Act No. 8042 (RA 8042), as amended by Republic Act No. 10022 (RA 10022), defines illegal recruitment broadly. It covers anyone without a license who recruits for jobs abroad. It also lists acts that are illegal recruitment even when done by a licensed agency. Two of them matter here:
- failing to actually deploy a contracted worker without a valid reason; and
- failing to reimburse (pay back) the worker's documentation and processing expenses when the deployment does not happen and it was not the worker's fault.
The same law also lists charging more than the fees the rules allow, and giving false information about the job.
Not every delay is illegal. Visas, employer decisions and host-country rules can hold things up. What matters is whether there was a valid reason and whether the agency deals with you honestly, including giving back what you paid if you will not be leaving.
Getting Your Money Back
- Ask in writing first. A short letter or email, asking for a departure date or a refund by a set date, gives you a record. Keep a copy.
- Gather your proof. Official Receipts, your contract, any job offer, chat and text messages, and the names of the people you dealt with. If you paid without a receipt, write down when, how much and to whom while you still remember.
- Complain to the DMW. The DMW handles complaints about recruitment violations by agencies, including claims for refund of fees. See the DMW's website or ask at its office for how to file.
The rules on placement fees (the fee an agency charges for finding you a job abroad) depend on the job and the country. For some workers, including household service workers, the rules say the agency may not charge a placement fee at all. Ask the DMW what your agency was allowed to charge. Charging more than allowed is itself a violation.
Where to Report
| Office | What It Does |
|---|---|
| Department of Migrant Workers (DMW) | Created by Republic Act No. 11641 (RA 11641), it took over the former POEA. It licenses agencies, hears complaints against them, and acts against illegal recruitment. |
| DMW or DOLE regional offices | Take complaints if you are far from Manila. |
| PNP or NBI | Investigate illegal recruitment and estafa (swindling), especially by unlicensed recruiters. |
| Office of the Prosecutor | Where a criminal complaint is filed. |
| Public Attorney's Office (PAO) | Free legal help for people who qualify. |
Do not wait too long. Cases have time limits under the law, and evidence is easier to gather while it is fresh. See working abroad: checking agencies, the OFW Pass, and fake recruiters for how to check an agency before you pay.
Red Flags to Watch for Next Time
- the recruiter or agency is not on the DMW's list of licensed agencies;
- you are asked to pay large fees before any contract, job order or medical exam, or to pay into a personal account;
- no Official Receipt is given;
- you are told to leave on a tourist visa and change it to a work visa abroad;
- the recruiter keeps your passport;
- you only ever meet in malls, coffee shops or chat apps, never at the agency's registered office.
If the recruiter has disappeared with your money, see also what to do if you were scammed online.
Common Questions
Licensed Naman ang Agency. Pwede pa rin ba Akong Magreklamo?
Yes. Under RA 8042 as amended by RA 10022, some acts are illegal recruitment even when a licensed agency does them, including failing to deploy a contracted worker without a valid reason and failing to return your processing costs when it was not your fault you did not leave. Complain to the DMW.
Ibabalik ba Lahat ng Binayad Ko?
If you did not leave and it was not your fault, the law expects the agency to pay back your documentation and processing costs. How much you can recover depends on what you paid, what was lawful to charge and the receipts you have. The DMW can tell you what your claim covers.
The Agency Says It Was the Employer Who Backed Out. Is That a Valid Reason?
It may or may not be. Either way, if you did not leave through no fault of yours, the agency should return your processing costs. Ask for the reason in writing and bring it to the DMW.
How Do I Check If an Agency Is Licensed?
Search its exact registered name on the DMW's list of licensed agencies and check that the license is valid and not suspended or cancelled. A Facebook page or someone using an agency's name is not proof.
Wala Akong Resibo. May Laban pa ba Ako?
It is harder, but not hopeless. Bank or remittance records, chat messages, and other applicants who paid the same person can help prove payment. Write down the dates, amounts and names now, and bring everything to the DMW or the police.
Not legal advice. This is general information. For advice on your own situation, consult a lawyer. If you cannot afford one, the Public Attorney's Office (PAO) or an IBP legal aid office may help for free.
Government fees, rules and requirements change, so always check with the office concerned before you go. This page explains the general rules; it cannot tell you how they apply to your own family or case. Last reviewed October 8, 2026.