What Should Employees Do If Employers Delay or Refuse to Issue a Certificate of Employment?

In the Philippines, the Certificate of Employment (COE) is a critical document that formally recognizes an individual's employment history with an employer. According to the Labor Code of the Philippines and directives from the Department of Labor and Employment (DOLE), employers are obligated to provide this certificate upon the request of an employee or former employee. The certificate should detail the dates of employment, the position held, and sometimes, the salary and reason for leaving, depending on what is requested.

Legal Obligations of Employers

The issuance of a Certificate of Employment must be done promptly upon request. According to DOLE, an employer must provide the COE within a reasonable period from the request date, generally interpreted as three (3) working days. This ensures that former employees can pursue new job opportunities without undue delay, which is particularly important when they need to provide proof of their previous employment to prospective employers.

Steps to Take if an Employer Fails to Provide a COE

Formal Request: The employee should submit a written request for the COE to their employer. This request can be made via email or as a hard copy, ensuring there is proof of the request.
Follow-Up: If the employer does not respond, the employee should send a follow-up request. Keeping a record of all communications is crucial, as these can serve as evidence in case further action is needed.
Contact HR or Management: If the direct supervisor is unresponsive, escalating the request to the human resources department or higher management might be effective.
Seek Assistance from DOLE: If the employer still fails to issue the COE, the employee can file a complaint with the nearest DOLE office. DOLE can provide assistance and, if necessary, enforce compliance through legal means.
Legal Action: As a last resort, seeking legal advice may be necessary. A lawyer can guide on the feasibility of filing a legal case against the employer for non-compliance.

Conclusion

The Certificate of Employment is not just a courtesy but a legal right of employees under Philippine law. Employers must adhere to this obligation promptly to avoid legal consequences. Employees, on their part, should be aware of the steps to enforce their rights and not hesitate to seek assistance from DOLE when faced with non-compliance. This ensures that the employment verification process remains efficient and fair, allowing individuals to move forward in their professional lives without unnecessary hindrances.