Below is a comprehensive discussion of an employee’s right to obtain a Certificate of Employment (COE) in the Philippines when they have gone absent without official leave (AWOL). This article outlines the legal foundations, relevant government issuances, common employer practices, and remedies available to the employee.

1. Overview of the Certificate of Employment in Philippine Labor Law

1.1 Definition

A Certificate of Employment (COE) is a simple document issued by an employer to an employee, usually upon separation from employment or anytime upon the employee’s request. It generally contains basic information such as:

The full name of the employee;
The name of the employer;
The period or duration of employment (start and end dates); and
The position(s) held and/or a brief description of job duties.

1.2 Purpose

The COE’s principal function is to confirm that a particular individual was employed by a certain employer within specific dates. Often requested by prospective employers or for personal records, a COE is not the same as a clearance document (which typically certifies that an employee has no outstanding accountability). Rather, it is simply an official record of service.

1.3 Legal Basis

While the Labor Code of the Philippines does not explicitly use the term “Certificate of Employment,” the Department of Labor and Employment (DOLE) has issued Labor Advisories reiterating that every employee is entitled to receive a COE upon request. Two significant references include:

Labor Advisory No. 06, Series of 2020 (and other related DOLE issuances), which instructs employers to issue a COE within three (3) days from the employee’s request.
DOLE’s long-standing policy and jurisprudence on employees’ right to documentation of their employment.

In essence, under Philippine labor law and regulatory advisories, all employees—regardless of the manner of separation—are entitled to receive a COE upon request.

2. The Concept of AWOL Under Philippine Labor Law

2.1 What is AWOL?

“AWOL” stands for “Absent Without Official Leave,” meaning an employee has failed to report to work without:

Securing the necessary approval for a leave of absence, or
Giving notice of resignation and complying with usual exit procedures.

2.2 Possible Consequences

AWOL is often treated as a serious violation of company rules, potentially constituting:

A just cause for disciplinary action (including dismissal) if the absence is prolonged or shows an intention to abandon work;
Grounds for termination if procedural due process is followed—although not every instance of unauthorized absence automatically amounts to valid dismissal.

2.3 Due Process Requirements

Even if an employee is AWOL, employers should still observe due process before formally terminating employment. This includes giving the employee notice of the charge(s) (e.g., absenteeism without authorization), the opportunity to explain, and the service of a notice of decision. Failure to do so can give rise to illegal dismissal claims.

3. Right to a Certificate of Employment Despite AWOL

3.1 Fundamental Right to COE

Regardless of how an employment relationship ended—whether by resignation, termination for cause, retirement, or even AWOL—an employee still retains the right to request and obtain a COE. This principle is consistent with DOLE’s stance that:

The COE is an employee’s record of service and must be made available upon request within three (3) days.

3.2 Content of a COE for an AWOL Employee

Employers are free to keep the COE factual and may state:

The period during which the employee worked;
The position(s) held or nature of work performed; and
(Optionally) A remark on the manner of separation.

If an employee went AWOL, the employer can reflect in the COE that the separation was due to AWOL, or “due to unauthorized absence,” or “employment ended [date] without notice.” However, the core details—name, duration, position—must still be provided.

3.3 Common Misconceptions

Misconception #1: An employee who leaves without clearance or who is terminated for cause is not entitled to a COE.
- Reality: The right to a COE is not forfeited by the manner of separation. Employers cannot withhold a COE simply because the employee allegedly breached company policy or left improperly.
Misconception #2: The COE can be substituted by a final payslip or a clearance form.
- Reality: A COE specifically certifies dates of service and position—this is separate from a clearance document or proof of final pay release.

4. Employer Obligations and Potential Liabilities

4.1 Obligation to Issue Within Three (3) Days

DOLE guidelines mandate that the employer issue a COE no later than three (3) days from the employee’s request. Employers who unreasonably fail or refuse to comply may be subject to labor complaints or administrative sanctions.

4.2 Good Faith and Accuracy

Though the COE is generally a simple factual document, any statements made should be accurate. An employer may briefly indicate the nature of separation (e.g., AWOL) but must avoid defamatory or misleading remarks. In extreme cases, inaccurate or malicious statements could give rise to legal action for damages if they harm the employee’s reputation.

5. Remedies for the Employee

If an employer refuses to issue the COE, unduly delays its release, or includes statements that are incorrect or malicious:

Direct Communication or Demand Letter
The employee should formally request the COE in writing, citing DOLE advisories that require the employer to issue it. This sometimes resolves the matter without litigation.
Filing a Complaint at the DOLE or NLRC
- The employee can seek assistance from DOLE’s Regional Offices to remind the employer of their obligations under labor advisories.
- If refusal persists or if there is a pattern of unlawful practice (e.g., constructive dismissal, withheld documents, etc.), the employee may lodge a complaint with the National Labor Relations Commission (NLRC) for possible sanction against the employer and/or a claim for relief.
Action for Damages (in Rare Cases)
Should the employer issue a COE containing false statements that affect the employee’s future employment or reputation, the employee might explore a civil suit for damages based on libelous or malicious content. These cases, however, tend to be complex and fact-specific.

6. Practical Tips for Employers and Employees

6.1 For Employers

Respond Promptly: Issue the COE within three days of a request to avoid disputes.
Maintain Neutrality: If indicating the manner of separation, use neutral, factual language (e.g., “Employee did not return after [date], deemed AWOL”).
Avoid Withholding: Do not withhold a COE as leverage for property returns or financial clearances. While clearance processes are legitimate, the COE is a distinct right under labor rules.

6.2 For Employees

Submit a Formal Request: Whether separated legitimately or on AWOL, send a formal letter or email clearly asking for the COE.
Follow Up Politely and Persistently: If there is no response within three days, follow up and document your requests to establish a paper trail.
Contact DOLE if Necessary: If an employer outright refuses or continues to ignore the request, the DOLE’s mediation services or a formal complaint can help.

7. Key Takeaways

AWOL Does Not Extinguish the Right to a COE.
An employee’s right to a Certificate of Employment remains intact, even if the employee parted ways with the company under problematic circumstances such as AWOL.
COE is a Factual Record, Not a Clearance.
It simply confirms dates of service and positions held. It may include a brief reference to the reason for separation (e.g., AWOL), but cannot be withheld on that basis alone.
Obligation to Issue Within Three Days.
Philippine labor advisories require employers to provide the COE within three days from the employee’s request.
Employees Can Seek Legal Remedies if Refused.
From reminders and demand letters to filing a complaint with the DOLE or NLRC, employees have recourse if employers unlawfully withhold the COE.
Accuracy and Good Faith.
Employers must ensure accurate details in the COE. Employees, too, are encouraged to clarify factual data before distribution to avoid future disputes.

Final Word

In the Philippines, the right to obtain a Certificate of Employment is a core aspect of an employee’s labor rights, upheld regardless of the manner of separation from the company. The Department of Labor and Employment underscores that this document must be made available to the requesting employee and issued promptly. Even an individual who has gone AWOL does not lose this entitlement; however, the COE may reflect that the employment ended due to AWOL or “absence without leave.”

By understanding these rights and obligations—from due process considerations to remedies for refusal—both employers and employees can navigate the sensitive issues surrounding AWOL while still upholding the legal obligation to produce a Certificate of Employment when requested.