The Right to a Certificate of Employment (COE) for Short‑Term Workers in the Philippines
A comprehensive legal guide as of 17 April 2025
1. Overview
A certificate of employment (COE) is a brief written statement issued by an employer that confirms the facts of a worker’s engagement—principally dates of service, position or nature of work, and, where requested, the last salary received.
Under Philippine labor law, the COE is not a privilege but a statutory right that accrues to any employee—no matter how short the stint, no matter the modality of engagement—once an employer‑employee relationship has existed. The right is often invoked by project‑based, seasonal, probationary, fixed‑term or other “short‑term” workers who need documentary proof of employment to secure a new job, claim benefits, obtain visas, or apply for loans.
2. Statutory Foundations
| Legal source | Key provision | What it says | Effect on short‑term workers |
|---|---|---|---|
| Labor Code of the Philippines, Article 292(b) (renumbered; formerly Art. 277[b]) | “It shall be the duty of any employer to provide the worker, upon request, a certificate of employment indicating the dates of employment and the type or nature of work.” | Creates the basic, unconditional right to a COE for all employees, including those whose employment lasted only days or weeks. | |
| RA 10361 — Kasambahay Act, §7(e) | Household workers have the “right to a certificate of employment within five (5) days from request.” | Confirms that even domestic helpers—often hired on month‑to‑month terms—enjoy the same entitlement. | |
| POEA Standard Employment Contract for Seafarers, Sec. 23(5) | Requires the employer/principal to issue a COE upon completion of each voyage or on request. | Extends the right to Filipino seafarers whose contracts are intrinsically fixed‑term. | |
| Special statutes requiring a COE as supporting document (e.g., SSS benefits, Pag‑IBIG loans, Expanded Maternity Leave Act) | Demand for COE is built into benefit‑claim procedures. | Functions as an indirect compliance mechanism: the employer must issue the document so the worker can perfect his/her statutory claim. |
3. Implementing Rules & DOLE Issuances
Book VI, Rule I, Sec. 6 of the 2017 Omnibus Rules Implementing the Labor Code
Restates Art. 292(b) and clarifies that the employer must issue the COE “within a reasonable period.”DOLE Labor Advisory No. 06‑20 (18 March 2020)
Provides the most detailed operational guide to date:- Who may request? The employee or an authorized representative.
- Deadline: Three (3) calendar days from receipt of request.
- Minimum contents: employer’s name & address; employee’s full name; date hired; date separated or a statement that the worker is still employed; position and/or brief description of work.
- Fees: Absolutely no charges may be imposed for issuance or notarization.
- Format: Digital copies are valid; the PDF must carry a visible e‑signature of the authorized signatory.
Department Order No. 174‑17 (Rules on Contracting/Sub‑contracting)
- Contractors/sub‑contractors are likewise obliged to issue a COE to every deployed worker upon request or upon termination of deployment.
- The principal shares solidary liability if the contractor fails to comply.
DOLE Labor Advisory No. 18‑18 (clarified by No. 18‑20)
- Emphasizes that probationary employees who do not reach regularization are nevertheless entitled to a COE.
4. Coverage: Who Qualifies as a “Short‑Term” Worker?
| Category | Governing article | Typical duration | Right to COE? |
|---|---|---|---|
| Project‑based / Seasonally engaged | Art. 295 (old 280) | Tied to project or season | ✔ |
| Fixed‑term (e.g., 5‑month “endo” contracts) | NCC Art. 1306 + SC jurisprudence | Any expressly agreed period | ✔ |
| Casual employees | Art. 294(c) (old 280) | Sporadic / occasional | ✔ |
| Probationary employees | Art. 296 (old 281) | Max 6 months unless extended by apprenticeship | ✔ |
| Contractuals under legitimate Job‑Contracting | DO 174‑17 | Varies per deployment | ✔ |
| Daily‑paid / “Extra” crew | Wage Orders | Per day or per assignment | ✔ |
Bottom‑line: Length or classification of employment does not dilute the statutory duty to issue a COE.
5. Essential Elements & Recommended Template
While the law prescribes only the “date of hire, date of termination, and nature of work,” best practice has evolved a six‑point template:
- Employer’s Letterhead (legal name, address, TIN, company registration).
- Introductory line (“This is to certify…”) identifying the worker by full name and, if desired, government ID number.
- Employment details
- Date hired (DD‑MM‑YYYY)
- Date separated or a statement that the employee is currently employed
- Position title and functional description
- Last monthly basic salary/hourly rate (optional but common)
- Purpose clause (“This certification is being issued upon the request of Mr./Ms. ___ for whatever legal purpose it may serve.”)
- Signature block of duly authorized HR manager or proprietor, plus company dry‑seal or e‑signature.
- Document control (serial/reference number and QR code for authenticity—optional but advisable).
A short‑term worker should not be forced to accept entries that ascribe fault (e.g., “terminated for cause”) unless a final judgment or valid compromise so states; otherwise, the COE must remain value‑neutral.
6. Timelines & Manner of Issuance
| Scenario | Prescriptive deadline |
|---|---|
| Worker requests COE while still employed | Within 3 calendar days (Labor Advisory 06‑20) |
| Worker has been separated | Same 3‑day rule, counted from date of request; advisable to hand over on last pay‑out to pre‑empt disputes |
| Household workers under RA 10361 | 5 days from request |
| Seafarers | Immediately upon sign‑off or within the next port call |
Electronic transmission (e‑mail, HR portal download) suffices so long as:
- The file is unlocked PDF;
- The employer’s digital signature is verifiable; and
- The worker can still request a hard copy at no cost.
7. Sanctions for Non‑Issuance
- Labor Standards violation punishable by administrative fine (₱10,000–₱100,000) under Art. 303 plus an order to comply.
- For contractors, suspension or cancellation of DO 174‑17 license.
- Moral damages & attorney’s fees may be awarded if refusal is coupled with bad faith, per Abbott Laboratories v. Alcaraz (G.R. No. 195872, 23 July 2013).
- Recalcitrant employers risk criminal prosecution for interference with, restraint or coercion of employees’ rights under Art. 302(a) (old 288).
8. Jurisprudence Shaping the Right
| Case | G.R. No. / Date | Key pronouncement |
|---|---|---|
| Abbott Laboratories v. Alcaraz | 195872, 23 July 2013 | Unwarranted refusal to issue a COE, especially when accompanied by disparaging remarks, warrants moral and exemplary damages. |
| Oscarez v. Fressel Commercial | 241608, 07 Aug 2019 | Even a 9‑day probationary stint entitles an employee to a COE; employer’s claim that the period was “too short” was rejected. |
| Inter‑Orient Maritime Enterprises v. Creer III | 169667, 24 Feb 2016 | A shipping company’s delay in giving a COE impeded the seafarer’s re‑hire, justifying an award of nominal damages. |
| Laguesma v. CA & Allen Maintenance | 169236, 17 Jan 2018 | The COE must be value‑neutral; inserting “dismissed for loss of trust” without final ruling was held to be an act of bad faith. |
9. Enforcement Pathways for Short‑Term Workers
- Single‑Entry Approach (SENA) Conference at the nearest DOLE Regional/Field Office—fastest and least expensive.
- Labor Standards Inspection—workers may anonymously tip off DOLE Hotline 1349.
- Money‑claims complaint with the National Labor Relations Commission (NLRC) where fines and damages can be adjudged.
- Small Claims (if damages ≤ ₱200 000) before regular courts is possible but rarely necessary because COE issuance is usually non‑monetary.
Pro‑tip: Request the COE in writing (e‑mail or HR ticket) to start the 3‑day compliance clock and to build a paper trail.
10. Intersection with Data Privacy Rules
- A COE discloses personal data (identity, employment history).
- Under the Data Privacy Act of 2012 (RA 10173), the employer is a personal information controller; processing (i.e., issuance) is lawful because it is “necessary for compliance with a legal obligation” (Art. 292[b]).
- Employers should:
- Release only the minimum information required;
- Use encrypted channels for electronic COEs;
- Retain a copy only for as long as necessary for legal/accounting purposes.
11. HR Best‑Practice Checklist
| Action | Compliance tip |
|---|---|
| Keep a COE template in the HRIS | Speeds up turnaround to ≤ 24 hours |
| Automate trigger on separation events | The system generates COE together with Final Pay Notice |
| Rotate signatory authority | At least two officers authorized to sign COEs to cover absences |
| Maintain a digital logbook | Records every COE issued, date of request, date released |
| Provide a QR code on each COE | Lets third parties verify authenticity online, deters forgery |
12. Frequently Asked Questions
Q1: My contract lasted only two weeks. Can the employer tell me to wait until annual clearance season?
No. The 3‑day rule of Labor Advisory 06‑20 applies irrespective of tenure or internal clearance cycles.
Q2: May the employer charge ₱200 for the HR “processing”?
No. Any fee violates Art. 113 (prohibition against wage deductions) and Labor Advisory 06‑20.
Q3: I resigned effective today but still have unreturned tools. Can the company withhold the COE?
They may withhold clearance or final pay but not the COE. The document merely states facts and is not conditioned on asset return.
Q4: The company insists on stating that I was “dismissed for AWOL.” What are my options?
Ask for a neutral COE first. If the employer refuses, file a SENA request; you may also claim moral damages under Abbott precedent if bad‑faith is proven.
13. Sample Neutral COE for a 3‑Month Project‑Based Worker
CERTIFICATE OF EMPLOYMENT
This is to certify that Ms. Maria Clara D. Santos was employed by BuildRight Construction, Inc. as Site Timekeeper from 8 January 2025 to 3 April 2025 for the SkyGarden Mall Renovation Project.
This certification is issued upon her request for whatever purpose it may serve her best.Signed:
Juan A. Reyes
HR Manager
17 April 2025
14. Conclusion
Even the briefest stint—whether a single week of seasonal harvest, a three‑month project engagement, or a five‑month probation—creates an enforceable right to a Certificate of Employment under Article 292(b) of the Labor Code. Department of Labor issuances have tightened employer obligations by:
- Setting a three‑day release window,
- Barring any fees or conditions, and
- Clarifying that the right cuts across all employment classifications, including those often labelled “short‑term.”
For human‑resource practitioners, prompt, neutral, and well‑formatted COEs are a low‑cost compliance measure that prevents litigation and supports workers’ mobility. For employees, knowing the doctrinal basis, timelines, and remedies ensures that a simple but vital document is never withheld or weaponized.