Dear Attorney,
I would like to ask how I can obtain a clearance from my previous employer. It is required by the hospital where I am applying. Can you advise me on the steps I should take to secure this clearance? Thank you for your assistance.
Insights
In the Philippines, employer-issued clearances are a common requirement for employees seeking new employment. This clearance typically certifies that the employee has no outstanding obligations with their previous employer, such as unfinished work or unreturned company property.
Legal Basis for Employer Clearance
Under the Labor Code of the Philippines, there is no specific law that mandates employers to issue clearances. However, many employers include this requirement as part of their internal policies. It is generally accepted practice for companies to issue clearances once all obligations, such as turnover of tasks, return of company assets, and completion of exit procedures, have been fulfilled by the employee.
Steps to Secure a Clearance
Submit a Formal Request: The first step is to formally request the clearance from your previous employer, typically through the HR department. The letter should indicate that all company property has been returned, tasks have been completed, and no outstanding obligations remain.
Fulfill Exit Requirements: Ensure that you have completed all necessary exit requirements, such as returning company-issued equipment, completing turnover procedures, and signing any final documentation required by your employer. If there are pending issues, resolve them promptly to avoid any delays.
Follow Up if Necessary: Employers may take time to process clearances, especially in larger organizations. A polite follow-up after the initial request can help expedite the process.
Seek Legal Assistance if Denied: If your employer unjustly withholds your clearance despite fulfilling all obligations, you may seek legal assistance to enforce your right to a clearance. While there are no explicit legal provisions on clearance, denying a clearance without valid reasons could be considered unfair, particularly if it affects future employment opportunities.
Potential Issues
Employers may sometimes withhold clearances due to pending financial obligations, unreturned property, or unresolved employment disputes. It is essential to address these concerns to avoid delays in obtaining the necessary document.
In case of non-compliance, employees may file a complaint with the Department of Labor and Employment (DOLE). Although there is no specific provision for clearances, DOLE may assist in mediation or conciliation between the employee and employer, ensuring that both parties meet their obligations in good faith.
Clearances are vital for transitioning to new employment in the Philippines. By following the proper procedures, employees can obtain the necessary documents smoothly and without complications.