Can Employees Request a Certificate of Employment If They Are AWOL? (Philippine Context)

In the Philippines, a Certificate of Employment (COE) is a simple, factual document that states an individual’s employment record with a particular company. It typically includes the dates of employment, the position(s) held, and sometimes a brief description of duties performed. In practice, employees often request a COE either during their employment (for various personal reasons) or upon separation (voluntary resignation, termination, end of contract, etc.).

One question that frequently arises is whether employees who go on AWOL (Absent Without Leave) still have the right to request—and receive—a Certificate of Employment. This article explores the legal foundation, common practices, and practical considerations surrounding that issue in the Philippine setting.

1. Legal Basis for Issuing a Certificate of Employment

1.1. Labor Code and Relevant Regulations

The Labor Code of the Philippines does not explicitly set out a comprehensive rule about Certificates of Employment, but it does vest the Department of Labor and Employment (DOLE) with the power to promulgate guidelines for the welfare of employees.
Over the years, DOLE has emphasized the employee’s right to obtain employment records and documents. In practice, DOLE directives and jurisprudence have clarified that all employees—regardless of the manner of separation—are entitled to their COE upon request.

1.2. DOLE’s Stance on COE Issuance

DOLE has consistently required employers to issue a Certificate of Employment “upon request by the employee” or within a reasonable period (often cited as within three days) of the employee’s request.
This requirement aims to protect the worker’s right to document his or her employment history, which may be needed when applying for future jobs, seeking financial assistance, or fulfilling other administrative requirements.

1.3. Case Law / Jurisprudence

Philippine courts have repeatedly held that a COE is a factual record of a person’s employment.
The Supreme Court has noted in various rulings that employees cannot be denied a Certificate of Employment simply because their departure from the company was contentious, abrupt, or due to disciplinary issues.
That said, courts also acknowledge an employer’s right to reflect truthful and accurate information in the COE—such as dates of service and final position held.

2. AWOL (Absent Without Leave): Overview

2.1. What Does AWOL Mean?

AWOL refers to an employee’s failure to report to work without official leave or notice.
In many companies, going AWOL is considered a serious breach of company rules and may lead to disciplinary action or termination.
Sometimes, an employee who goes AWOL is eventually deemed to have voluntarily resigned (i.e., abandonment of work), though this often needs to follow due process under Philippine labor law.

2.2. Consequences of AWOL

Administrative/Disciplinary Proceedings: The employer may initiate a show-cause memo or a proper hearing before deciding on termination for abandonment of work.
Final Pay and Clearance: Often, an employer will withhold final pay and benefits until the clearance process is completed—even if the employee left under unfavorable circumstances.
Potential Legal Claims: If due process is not observed, an employee declared AWOL might file an illegal dismissal complaint. Conversely, the employer might also face complications if it refuses to provide documents employees are legally entitled to.

3. Right to a Certificate of Employment Despite AWOL

3.1. The General Rule: Employees Are Entitled to a COE

Regardless of the reasons surrounding the end of employment—including AWOL—employees have the right to request and receive a COE. This is rooted in the principle that a COE is merely a statement of facts (e.g., start date, end date, position). It is not a certificate of good moral character or a reference letter that vouches for the employee’s performance or conduct.

3.2. Employer’s Obligation to Issue a COE

Factual Record: The employer must issue the COE in good faith, reflecting correct dates of employment and position held.
Timely Issuance: DOLE guidelines typically require that the COE be issued within three (3) days of an employee’s request or the employee’s last day, whichever comes later.
No Discretion to Refuse: The employer cannot refuse to issue the COE simply because the employee went AWOL. Non-issuance of a COE may expose the employer to potential legal complaints or administrative penalties, should the employee file a labor case.

3.3. What Can Employers Include in the COE?

Basic Employment Data: Start date, end date, job title(s).
Optional Information: Some employers include final pay details, salary information, or reasons for separation. These can be disclosed as long as it is factual, accurate, and in line with company policy.
Mention of AWOL: The COE can indicate the actual date the employee last reported for work. If separation was formalized due to abandonment of work, some employers may note that the employee left “on AWOL.” This is neither illegal nor improper so long as it is factually correct and not maliciously stated.

4. Practical Considerations for AWOL Employees Requesting a COE

4.1. Clearance Processes

Even if an employee is AWOL, some companies require clearance for accountability purposes (e.g., return of company property, settlement of any liabilities).
In many cases, however, the legal right to a COE does not vanish simply because the employee has not undergone a clearance process.
Employers commonly hold final pay until clearance is completed, but they cannot permanently withhold the COE on that ground alone.

4.2. Communication Channels

For AWOL employees who want a COE, it can sometimes be tricky to coordinate because they have not gone through normal separation processes.
The recommended approach is to reach out formally (e.g., via email or written letter) to request for the COE. In that request, the employee should:
1. Clearly state the dates of employment (as known).
2. Provide any employee number or reference necessary for HR.
3. Acknowledge willingness to settle any outstanding obligations or return company property, if that is part of the employer’s protocol.

4.3. The Employer’s Good Faith

Employers are generally expected to act in good faith in handling COE requests.
If the employer denies or unreasonably delays the issuance, the employee can seek assistance from DOLE by filing a complaint or requesting mediation.
In practice, many HR departments will still process and release a factual COE, but may annotate the file indicating that the employee “left without notice” or “did not comply with clearance procedure.”

5. Potential Legal Remedies if a COE Is Withheld

DOLE Assistance / Complaint:
- An employee who cannot secure his or her Certificate of Employment after a valid request may visit the nearest DOLE field office to file a complaint or seek intervention.
NLRC Case (In Extreme Situations):
- If the employer consistently refuses and the matter escalates, the employee could file a labor complaint with the National Labor Relations Commission (NLRC) under “other monetary claims” or “labor standards” violations. However, this is usually a more involved process, and most disputes of this nature get resolved at the DOLE level.
Mediation / SENA (Single Entry Approach):
- The DOLE’s SENA program is designed to provide a faster, amicable resolution. The employee can request SENA for the issuance of a COE and any unpaid final pay.

6. Key Takeaways

Right to COE Is Inherent
- All employees, regardless of the circumstances of their separation (including AWOL), have the legal right to request and obtain a Certificate of Employment.
Factual Record, Not a Character Reference
- A COE is meant to confirm dates and positions held. Employers can include the fact of AWOL or abandonment if it accurately reflects the final circumstances.
Timely and Factual
- By practice and DOLE’s directives, employers should issue a COE within a few days of request and ensure that it contains no misleading or false information.
Clearance vs. COE
- While companies can have legitimate clearance processes, they cannot indefinitely withhold a COE just because an employee has unsettled matters.
Legal Remedies Exist
- If an employer unreasonably refuses to issue a COE, the employee may seek recourse through DOLE intervention or, as a last resort, NLRC proceedings.

7. Frequently Asked Questions (FAQs)

Q1. Can an employer refuse to issue a COE to someone who went AWOL?
A: No. Employers are obligated to issue a COE when requested by the employee, regardless of AWOL status. The employer can, however, note in the COE that the employee went AWOL if it is factually true.

Q2. Is there a deadline for the employer to issue a COE?
A: DOLE suggests a 3-day period from the request or the last day of employment, whichever is later. In practice, small administrative delays sometimes happen, but “unreasonable” delay could be grounds for a complaint.

Q3. What if the employer wants the employee to complete clearance first?
A: Employers typically require clearance before releasing final pay or other documents. However, they cannot indefinitely withhold a COE solely due to incomplete clearance. The right to a COE stands even if the clearance is pending.

Q4. Can the COE include negative remarks about my AWOL status?
A: An employer may indicate that you were absent starting a specific date and did not return (AWOL). The COE must remain factual and not defamatory.

Q5. Can I go to DOLE if my employer refuses to give me a COE?
A: Yes. You can file a request for assistance at your nearest DOLE field office. They will typically call you and your employer to a mediation session, aiming for an amicable resolution.

8. Final Thoughts and Practical Advice

Document Your Employment Timeline: Keep copies of payslips, employment contracts, and other HR communications. This helps establish proof of your employment period if the employer’s records are incomplete or if there is a dispute.
Maintain Professional Communication: Even if you went AWOL, communicate politely and formally with HR when requesting a COE. Offer to return any company property or settle obligations if feasible.
Seek Early Settlement: If tensions with your former employer are high, consider asking for help from neutral parties or DOLE’s Single Entry Approach (SENA) to expedite the process.

While going AWOL can create complications—both administratively and legally—it does not strip an employee of the right to a Certificate of Employment in the Philippines. A COE remains a statement of one’s employment history, to which every worker is entitled for future work and personal records. The key is to ensure that the document remains factual, and that both employer and employee proceed in good faith to address any pending issues.

Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. For specific concerns or unique circumstances, especially concerning labor disputes and the issuance of Certificates of Employment, it is best to consult with a qualified labor law attorney or seek guidance directly from the Department of Labor and Employment (DOLE).