Dear Attorney,

I am reaching out to seek your legal guidance on a matter concerning the preparation of a Certificate of Employment (COE) for an employee who has gone AWOL (Absence Without Official Leave). Specifically, I would like to understand whether it is mandatory or appropriate for the employer to include a remark or annotation in the COE explicitly stating that the employee went AWOL. This situation raises concerns about legal compliance, fairness, and the potential implications for the employee’s future employment prospects.

Your expert advice on how to handle such cases within the bounds of Philippine labor laws would be greatly appreciated. Thank you for your time and assistance.

Sincerely,
A Concerned Employer

Certificate of Employment and AWOL: Navigating the Legal Landscape in the Philippines

Under Philippine labor law, the Certificate of Employment (COE) serves as a document provided by an employer to confirm the employment details of a former or current employee. It is governed primarily by the Labor Code of the Philippines and supplemented by jurisprudence and Department of Labor and Employment (DOLE) regulations. The issue of whether an employer must or should indicate that an employee went AWOL is complex, balancing legal mandates, ethical considerations, and practical implications. This article will dissect the issue thoroughly, discussing its legal framework, best practices, and implications for both employees and employers.

Legal Basis for Issuing a Certificate of Employment

Under Article 279 of the Labor Code of the Philippines, an employee who voluntarily resigns or is terminated is entitled to a Certificate of Employment upon request. DOLE’s Department Order No. 174, Series of 2017, reinforces this right and outlines the contents of a COE, which typically include:

The employee’s full name;
Position(s) held;
Inclusive dates of employment; and
A statement that the COE is issued at the employee's request.

The COE’s purpose is limited: it merely attests to the factual details of the employment relationship. It is not intended to evaluate the employee’s performance, state the circumstances of termination, or provide opinions about the employee.

Is It Legal to Annotate AWOL in a COE?

The law does not expressly mandate or prohibit an employer from including a remark in the COE stating that an employee went AWOL. However, the inclusion of such a remark must be analyzed under the following principles:

1. Neutrality and Objectivity

The COE must remain factual, neutral, and objective. Including an “AWOL” annotation introduces a subjective judgment about the employee’s actions, which may exceed the COE's intended purpose. Employers must avoid statements that could be interpreted as defamatory or prejudicial unless these are objectively proven and necessary for compliance with legal obligations.

2. Employee’s Right to Employment Opportunities

Annotating “AWOL” in a COE may adversely affect the employee’s chances of securing future employment. This could be construed as indirectly punitive and contrary to the principle of promoting the general welfare of workers, as recognized under the Labor Code.

3. Employer’s Obligation to Protect Business Interests

While employers have a legitimate interest in ensuring that former employees’ records reflect the circumstances of their departure accurately, this interest must not infringe on employees' rights or violate labor standards.

4. Jurisprudence and Case Law

Philippine case law emphasizes the importance of balancing employer prerogative and employee rights. The Supreme Court has ruled that employers must avoid acts that could unnecessarily harm an employee's reputation unless supported by lawful justification. Annotating “AWOL” without proper context or proof could be deemed excessive.

Potential Risks for Employers

Annotating “AWOL” on a COE could expose the employer to legal risks, including:

Defamation Claims An employee could allege that the “AWOL” remark is defamatory, especially if it implies wrongdoing without sufficient evidence.
Labor Complaints The employee may file a complaint with the DOLE, claiming that the employer acted in bad faith by including prejudicial information in the COE.
Impact on Employer Branding Employers seen as unfair or punitive may damage their reputation, affecting recruitment and employee relations.

Best Practices for Employers

1. Limit the COE to Objective Facts

The safest approach is to include only the legally required details:

Name of the employee,
Positions held,
Inclusive dates of employment, and
A general statement that the document is issued upon request.

2. Document the AWOL Separately

If the employee went AWOL, the employer may document this in internal records, which can be disclosed if legally required during disputes or verification processes.

3. Communicate Clearly with Employees

Upon an employee’s termination or resignation, communicate how the COE will be issued and ensure the employee is aware of their rights.

4. Adopt a Consistent Policy

Employers should have a written policy governing the issuance of COEs to ensure consistency and avoid claims of discrimination or bad faith.

When Is It Acceptable to Annotate “AWOL”?

If the annotation is explicitly requested by the employee or required by a third party (e.g., for legal proceedings), the employer may include it. However, this should be done with caution, supported by documentation and a clear explanation of the employee’s request or the legal basis.

Alternative Solutions

1. Provide a Separate Document

Instead of annotating the COE, employers may issue a separate “Service Record” or “Clearance Document” detailing the circumstances of the employee’s departure.

2. Rely on Reference Checks

Future employers seeking additional information about an employee’s background may contact the previous employer directly. This method allows for context-specific discussions about the employee’s departure without formalizing the information in the COE.

Key Takeaways

Employers must tread carefully when issuing Certificates of Employment, especially when dealing with employees who went AWOL. To minimize legal risks and uphold ethical standards:

Stick to factual, neutral information in the COE.
Avoid subjective or potentially defamatory remarks.
Document AWOL incidents separately for internal records or reference checks.
Communicate transparently with employees regarding COE contents.

By adhering to these guidelines, employers can navigate the delicate balance between protecting their interests and respecting employees' rights, fostering a fair and legally compliant workplace.