Filing a Complaint Over Misleading Job Advertisements in the Philippines: A Comprehensive Guide

Misleading job advertisements can cause significant hardship for job seekers. Whether it involves false promises of high salaries, hidden fees, or deceptive job responsibilities, job seekers have legal remedies available under Philippine law. This article provides an overview of everything you need to know about spotting misleading job ads, the relevant laws, and the procedures for filing a complaint in the Philippines.

1. What Are Misleading Job Advertisements?

A misleading job advertisement is any public notice or announcement that provides false, incomplete, or deceptive information about a job opportunity. Common examples include:

Exaggerated or Unrealistic Salaries – Advertising a salary range significantly higher than actual pay.
Hidden Fees or Charges – Failing to disclose mandatory fees (e.g., “training fees” or “processing fees”) that are not truly optional.
Fabricated Qualifications or Responsibilities – Stating job requirements or benefits that do not exist in actual practice.
Misrepresentation of Position – Labeling a sales or marketing role as “managerial” or “executive” when it is actually entry-level.

These practices unfairly attract job seekers and can lead to exploitation, confusion, or financial loss.

2. Legal Framework in the Philippines

2.1. Labor Code of the Philippines

The Labor Code (Presidential Decree No. 442) governs employment practices.
While the Labor Code does not explicitly mention “misleading job advertisements,” the general provisions on fair recruitment (including Prohibited Acts under illegal recruitment) may apply if the advertisement is part of a recruitment process that violates labor standards.

2.2. Department of Labor and Employment (DOLE) Regulations

The DOLE has issued several Department Orders and advisories concerning recruitment and placement.
DOLE Department Order No. 183, Series of 2017, outlines the guidelines on the issuance of licenses and permits to private recruitment and placement agencies. While it primarily regulates licensed recruitment agencies (especially for overseas employment), it also sets standards of transparency and truthfulness in advertising jobs.

2.3. Other Potentially Applicable Laws

Revised Penal Code (RPC) – If there is an element of fraud or deceit that leads to damage or prejudice (monetary or otherwise), the employer or advertiser could be held criminally liable under estafa (Article 315 of the RPC).
Civil Code of the Philippines – General provisions on obligations and contracts forbid fraud and deception. A civil case for damages may be pursued under tort law if the misleading advertisement leads to quantifiable losses.
Republic Act No. 10361 (Batas Kasambahay) – For household service workers (kasambahays), there are specific rules on the recruitment process. Misleading advertisements in this area could also violate the law.

2.4. Illegal Recruitment Under Philippine Law

If the misleading advertisement is connected to an unlicensed recruiter or promises overseas jobs without proper accreditation, it could constitute illegal recruitment under Republic Act No. 10022 (Amended Migrant Workers Act).
Illegal recruitment covers the act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers for employment abroad without the proper license. Misrepresentation in job advertisements can be one of the indicators of illegal recruitment.

3. Grounds for Filing a Complaint

A job seeker or any interested party may file a complaint if they encounter:

False Salary or Compensation Claims – The actual pay is significantly lower than what was advertised.
Undisclosed Fees and Charges – The recruiter or employer demands payments (e.g., training fees, placement fees) not disclosed or allowed under the law.
Non-Existent Job Openings – The vacancy advertised does not exist or is completely different from what was promised.
Misrepresentation of Roles/Qualifications – The nature of the work significantly differs from the job ad’s stated responsibilities, or qualifications needed are misrepresented.
Unauthorized Overseas Recruitment – Job ads that promote overseas employment without a valid POEA (now DMW – Department of Migrant Workers) license.

4. How to File a Complaint: Step-by-Step

Filing a complaint over a misleading job advertisement typically involves the following steps:

Step 1: Gather Evidence

Job Advertisement – Secure a copy or screenshot of the advertisement (print, online listing, social media post, etc.).
Employer/Recruiter Details – Note down the name of the company, recruiter, physical or online address, and any contact information.
Communication Records – Keep email or chat correspondences, interview schedules, or text messages that show misleading representations or promises.

Step 2: Identify the Proper Agency

Department of Labor and Employment (DOLE) – For general labor issues and local recruitment concerns.
National Labor Relations Commission (NLRC) – If you have already entered into an employment relationship and seek redress for labor disputes or claims.
Department of Migrant Workers (DMW) (formerly POEA) – For overseas job advertisements or if you suspect illegal recruitment for overseas employment.
National Bureau of Investigation (NBI) or Philippine National Police (PNP) – If fraud or criminal activity is involved (e.g., large-scale recruitment scams, estafa).
Local Government Unit (LGU) Public Employment Service Office (PESO) – For local complaints against small-scale local recruiters or smaller local advertisements.

Step 3: File a Written Complaint

Visit the appropriate office (e.g., DOLE Regional Office) or submit online if allowed.
Provide a detailed affidavit or statement outlining how the job advertisement was misleading.
Attach copies of all supporting documents (screenshots, communication records, receipts for fees paid, etc.).
Fill out the official complaint forms required by the agency.

Step 4: Attend Conciliation or Mediation (If Applicable)

Depending on the agency, you may be invited to a mandatory conciliation/mediation to resolve the dispute without formal litigation.
If the employer or recruiter fails to comply or disputes the claim, the matter may escalate to a formal administrative or judicial process.

Step 5: Proceed with Formal Investigation or Hearing

If mediation fails, the agency may conduct a formal investigation.
You might be required to present additional evidence or attend hearings.
An employer found guilty of issuing misleading job advertisements can be penalized with administrative sanctions, suspension or revocation of licenses, and possibly criminal charges (if fraud is established).

5. Possible Remedies and Penalties

Administrative Sanctions
- Suspension or Revocation of License – Private recruitment agencies can lose their license to operate.
- Fines and Penalties – DOLE and other agencies can impose monetary penalties for violating labor regulations.
Criminal Liability
- If the nature of the misleading advertisement amounts to fraud (e.g., estafa) or illegal recruitment, criminal cases may be pursued.
- Penalties can include imprisonment and significant fines, depending on the scale of the offense.
Civil Damages
- The aggrieved party may claim damages for losses suffered because of the misleading advertisement (e.g., travel expenses, fees paid).
- This can be pursued through regular courts under the Civil Code.

6. Tips for Job Seekers

Verify the Employer’s Legitimacy
- Check company registration details with the Securities and Exchange Commission (SEC) or Department of Trade and Industry (DTI).
- Look for a legitimate address, website, and business permits.
Check for DOLE or DMW Accreditation
- If the job is overseas, verify that the recruiter is accredited with the DMW (formerly POEA).
- For local private recruitment, verify if the agency is DOLE-licensed.
Ask for Written Contracts
- Reputable employers provide written contracts outlining pay, job responsibilities, and other pertinent details.
- Read the contract carefully, and do not pay any fees unless certain they are legitimate and allowed by law.
Document Everything
- Keep screenshots of the advertisement and all communications.
- Retain receipts of any payments made for reference in case of disputes.
Report Suspicious Job Ads Early
- If the advertisement seems “too good to be true,” or if you discover red flags, report them to DOLE or DMW before paying any fees or signing documents.

7. Key Takeaways

Misleading job advertisements can violate various Philippine laws and regulations, especially if they involve false promises or hidden costs.
Job seekers have several legal avenues—administrative, civil, and criminal—to hold unscrupulous recruiters or employers accountable.
Evidence gathering is crucial; keep all documentation of the ad, correspondence, and any payments made.
Multiple agencies may be involved: DOLE and the DMW (formerly POEA) lead on labor and recruitment regulation; NBI/PNP handle criminal aspects; and the NLRC can address labor disputes once an employment relationship is in question.
Report promptly. Delays can make it harder to trace recruiters and secure evidence.

8. Conclusion

Filing a complaint over misleading job advertisements in the Philippines is a vital step in protecting not only your rights but also in preventing the exploitation of other job seekers. While the process may involve several agencies and documentary requirements, the law does provide tools for redress. Staying vigilant, verifying information, and documenting all transactions are the best defenses against misleading or fraudulent job postings. If you believe you have been a victim of such an advertisement, consult with the Department of Labor and Employment, the Department of Migrant Workers, or a qualified attorney to determine the appropriate course of action.