Certificate of Employment and Absences Without Leave (AWOL)

Simplified Query: Makakakuha po ba ako ng Certificate of Employment Kahit nag AWOL po ako?

In the Philippines, the Certificate of Employment (COE) is a document issued by an employer to an employee, detailing the period of employment, the position held, and the nature of the work performed. This document is often required when applying for new jobs, as it serves as proof of one's employment history.

Legal Basis and Employer Obligation

The Department of Labor and Employment (DOLE) mandates employers to issue a COE upon request by a current or former employee. According to the Labor Code of the Philippines and DOLE's advisories, employees have the right to receive a COE regardless of the circumstances of their departure from the company.

AWOL (Absence Without Official Leave)

When an employee goes AWOL, it means they have left their job without formal resignation or without informing their employer. This is generally considered a serious breach of company policy and can lead to termination.

However, even if an employee has gone AWOL, the employer is still legally obliged to issue a COE. The circumstances of the employee’s departure, including AWOL status, do not negate the employer's duty to provide this document. The COE should reflect the actual dates of employment and the position held, but it is not required to detail the reasons for the termination or the employee's performance.

Employee Rights

Employees who have gone AWOL and request a COE are entitled to receive it within a reasonable time frame. Employers cannot deny the issuance of a COE based on the employee's AWOL status. If an employer refuses to provide a COE, the employee can file a complaint with DOLE, which can compel the employer to comply with the request.

Employer Considerations

While employers must issue a COE, they can provide additional documents such as a clearance form or a final pay slip that may require the employee to settle any outstanding obligations or return company property. However, these additional requirements should not delay the issuance of the COE itself.

Practical Advice for Employees

1. Request Formally: Submit a formal written request for a COE to your former employer. Include your full name, dates of employment, and the position held.
2. Follow Up: If there is no response within a reasonable period, follow up with the HR department or the relevant office.
3. Seek Assistance: If the employer still refuses to issue the COE, seek assistance from DOLE. You can file a complaint through the DOLE hotline or visit the nearest DOLE office.

In summary, in the Philippines, employees have the right to obtain a Certificate of Employment regardless of whether they left their job under normal circumstances or went AWOL. Employers are legally required to issue this document upon request, ensuring that employees have the necessary proof of their employment history for future job applications.