Below is a comprehensive discussion of the key points regarding the issuance of a Certificate of Employment (COE) for an employee who went AWOL (Absent Without Official Leave) in the Philippine context. Disclaimer: This article is for general informational purposes only and does not constitute legal advice. For specific concerns and applications of the law, it is best to consult a qualified legal practitioner.

1. What Is a Certificate of Employment?

A Certificate of Employment (COE) is a written document issued by an employer certifying the facts of a worker’s employment. Under Philippine law and Department of Labor and Employment (DOLE) guidelines, a COE confirms:

The employer’s name and address.
The employee’s full name.
The inclusive dates of employment (start date and end date).
The position(s) held.
Sometimes, a brief description of the employee’s job functions or duties.

The COE is not a recommendation letter, clearance, or a performance evaluation. It primarily serves as an official record or proof that an individual was employed by a certain company for a specified period.

2. Legal Basis and DOLE Guidance

2.1. Labor Code Provisions

While the Labor Code of the Philippines does not comprehensively detail the specific requirements for a Certificate of Employment, the following provisions are relevant to the employee’s right to obtain documents upon separation:

Article 301 (formerly Article 285) of the Labor Code recognizes that employees can terminate their employment with or without notice, but it does not specifically address the COE. However, it is generally accepted in practice that a resigning or separated employee is entitled to receive a COE upon request.

2.2. DOLE Labor Advisories

DOLE Labor Advisory No. 06, Series of 2020 (and prior advisories on similar matters) outline guidelines for issuing the Certificate of Employment. According to these advisories:

Prompt Issuance: Employers are encouraged (and arguably required) to issue a COE within three (3) days from the date of the employee’s request.
Basic Contents: The COE should only reflect factual information, such as dates of engagement and termination, and the type of work performed. It is generally not meant to include subjective statements or reasons for separation.

Nothing in the advisory states an exception for employees who went AWOL. Thus, employers ordinarily should not refuse issuance of a COE even if the separation stemmed from AWOL or other disciplinary concerns.

3. The Concept of “AWOL” (Absent Without Official Leave)

AWOL occurs when an employee fails to report to work for a certain period without informing or securing approval from the employer. In the Philippine setting, AWOL is considered a serious offense that can serve as a valid ground for disciplinary action or dismissal. However, the fact that an employee was AWOL does not negate their employment history. From a legal perspective, the employee was still employed by the company from the start date until the actual date of separation.

4. Issuance of a COE for an AWOL Employee

4.1. Employer Obligation

Even if an employee has been separated from service due to AWOL (whether they voluntarily disappeared or were dismissed for abandoning their job), the employer is still generally obliged to issue a Certificate of Employment upon the employee’s request.

Fact of Employment: The COE is limited to confirming the fact of prior employment. The employee’s AWOL status does not erase the fact that they worked for the company.
Timelines: DOLE advises that the COE be issued within three days of the employee’s request.

4.2. Possible Inclusions in the COE

Typically, a COE will contain:

The start date (the first day of employment).
The last day on record (for an AWOL employee, this could be the last day the employee reported to work or the day the employer considered the employment terminated).
Position(s) held during the employment period.

Some employers also note whether the separation was due to resignation, end of contract, or other causes. However, DOLE’s guidelines do not explicitly require stating the reason for separation, and many employers simply state the last day of employment without indicating “AWOL” as the cause. Still, an employer may note “AWOL” if that is their practice—provided it is factually accurate.

5. Common Concerns and Clarifications

5.1. Can an Employer Refuse to Issue a COE Because the Employee Went AWOL?

No. Philippine labor regulations emphasize that employees have the right to obtain a Certificate of Employment. An employer who refuses to issue a COE without valid justification could face a complaint with the DOLE.

5.2. What If the Employee Has Not Gone Through Clearance?

In many companies, obtaining a final clearance is an internal process confirming that the employee has no pending accountabilities. However, clearance is different from the COE. Regardless of whether the employee was cleared, the employer should still issue the COE because it merely states the historical fact of employment.

5.3. Should “AWOL” Be Mentioned in the COE?

Legally, the COE should only include factual information such as dates of employment and positions held. While it is not prohibited to include the nature or cause of separation, it is more common to keep the COE strictly factual and neutral. Stating “AWOL” is not mandatory—but if the employer chooses to do so, it must be accurate.

5.4. How Soon Must the Employer Issue the COE?

Per DOLE guidelines, within three (3) days from the date the employee requests it. The employer is advised to have a streamlined process for issuing COEs promptly.

6. Potential Remedies if the COE Is Not Issued

If an employer unreasonably withholds or refuses to issue a COE, the former employee may:

Send a Formal Demand Letter to the employer’s HR department or authorized officer, requesting the COE in writing and referencing DOLE’s advisories.
File a Complaint with the DOLE. The DOLE can mediate and require the employer to comply. While there may be no substantial monetary award involved for failure to issue a COE alone, employers can face administrative sanctions or be compelled to issue the document.

7. Best Practices for Employers

Have Clear Policies: Maintain a simple, written policy on issuing COEs, including a template that strictly follows DOLE guidelines.
Train HR Staff: Ensure HR staff know that an employee’s AWOL status or disciplinary record generally does not prevent issuance of a COE.
Timely Response: Adhere to the three-day guideline to avoid disputes or complaints.
Factual Statements: Keep the COE factual to avoid potential liability for libel or discrimination claims. If the employer wishes to note “AWOL,” it should be done carefully and accurately.

8. Best Practices for Employees

Submit a Written Request: Even if you left the company due to AWOL, it is advisable to formally request a COE (e.g., via email or a letter to HR).
Follow Up Diplomatically: If the employer does not respond promptly, follow up politely and reference DOLE advisories.
Keep Records: Retain copies of your request(s) and any responses. Should you need to file a complaint with DOLE, these documents will be helpful.

9. Key Takeaways

A Certificate of Employment (COE) is a factual record of employment, not contingent upon the manner of separation (e.g., AWOL, resignation, or termination).
Philippine labor regulations generally require employers to issue a COE when requested by a separated employee, typically within three days.
An employer should not refuse to issue a COE because the employee went AWOL.
While an employer may note the cause of separation, DOLE does not mandate inclusion of “AWOL” or any negative remarks. It is common practice to keep the COE purely factual (i.e., dates and positions).
In case of refusal, employees can seek remedies through DOLE mediation or by filing a complaint.

Final Word

In the Philippine labor context, a Certificate of Employment is a straightforward document meant to confirm an employee’s past service with an organization. An employee’s AWOL status does not invalidate their right to request or receive a COE. Employers are strongly encouraged to adhere to DOLE guidelines by issuing the COE promptly and ensuring that it reflects only factual information. Employees who find themselves struggling to obtain a COE can resort to formal communications and, if necessary, file a complaint with DOLE for relief.

Disclaimer: This article is intended for informational purposes only and does not replace professional legal advice. For detailed legal guidance or representation, please consult an attorney or the appropriate government agency (DOLE).