Letter: Inquiry About Certificate of Employment

Dear Attorney,

I hope this letter finds you well. I am writing to seek your guidance regarding the legal aspects of obtaining a Certificate of Employment (COE) from a previous employer. My concern involves understanding the employer’s obligations, the proper procedure for requesting a COE, and what recourse is available if the employer fails or refuses to provide the document.

I would greatly appreciate your expert advice on this matter, particularly on how the law protects employees in the Philippines when it comes to securing such certificates. Your insights will be instrumental in clarifying this concern.

Sincerely,
A Concerned Individual

Legal Framework and Comprehensive Discussion on Certificates of Employment in the Philippines

A Certificate of Employment (COE) is a vital document for many employees, particularly when transitioning between jobs. It is often required by prospective employers as proof of an individual’s previous employment. In the Philippines, the issuance of a COE is governed by specific labor laws, particularly the Labor Code of the Philippines and relevant jurisprudence. Below is an exhaustive discussion of the legal issues surrounding this topic.

Definition and Purpose of a Certificate of Employment

A Certificate of Employment is a written document issued by an employer, confirming that an individual was employed by them during a specific period. This document typically contains basic details such as:

The employee’s full name.
The duration of employment (start and end dates).
The position or job title held.
(Optional) A brief description of the employee's responsibilities.

The COE serves multiple purposes, including:

Proof of employment for future job applications.
A supporting document for applications such as bank loans, visas, or housing.
A record of work history for professional and personal reasons.

Legal Basis for Issuing a Certificate of Employment

1. Obligation Under the Labor Code

While the Labor Code of the Philippines does not specifically mention Certificates of Employment, Article 291 (now renumbered as Article 306) implies that an employer has the obligation to provide work-related records upon an employee’s request. Moreover, the absence of explicit provisions in the Labor Code does not mean that employers are absolved from issuing such certificates, as the Department of Labor and Employment (DOLE) and relevant case law address this gap.

2. DOLE Advisory No. 6, Series of 2020

In 2020, DOLE issued guidelines reinforcing the employee's right to request a COE. It emphasizes that:

Employees, regardless of employment status (e.g., regular, probationary, project-based, seasonal), are entitled to a COE.
Employers are required to issue the COE within three (3) days from the date of the employee's request.
The COE should only reflect factual information regarding the employee’s duration of employment and job position without including subjective performance evaluations.

3. Jurisprudence

Philippine courts have consistently upheld the right of employees to request a COE. In cases such as Meralco Industrial Engineering Services Corporation v. NLRC (G.R. No. 132535), the Supreme Court underscored that employees are entitled to receive employment records upon request, provided that the purpose is lawful and reasonable.

Steps for Requesting a Certificate of Employment

Formulate a Written Request
Employees should formally request the COE in writing, specifying the purpose of the document and the required information. Written requests provide a record that may be referenced in disputes.
Follow Employer Procedures
Many companies have specific protocols for COE requests, such as submission through HR or a designated portal. Employees must comply with these procedures to ensure timely issuance.
Timeline for Issuance
As mandated by DOLE, employers must issue the COE within three (3) working days from the request date.
Retain a Copy of the Request
Keeping proof of the request (e.g., email confirmation, acknowledgment receipt) is important in case of non-compliance by the employer.

Employer’s Refusal to Issue a Certificate of Employment

If an employer refuses to issue a COE, the employee may take the following steps:

1. File a Complaint with DOLE

The employee can file a complaint with the DOLE Regional Office. The agency has jurisdiction to mediate disputes regarding COE issuance.

2. Legal Recourse Through the National Labor Relations Commission (NLRC)

Employees may escalate the matter to the NLRC if the employer's refusal constitutes a violation of labor rights.

3. Alternative Documentation

If a COE is not obtainable, employees may present alternative documents such as:

Payslips or salary records.
Employment contracts.
Performance evaluations or service letters.

Legal Recourse for Employers

While employees have a right to a COE, employers are also protected against unreasonable demands or misuse of the COE. For example:

Employers may deny requests that are frivolous, malicious, or unrelated to lawful purposes.
Employers are not required to issue COEs containing subjective opinions or performance assessments unless explicitly requested.

Potential Legal Issues and Considerations

Data Privacy Concerns
Employers must comply with the Data Privacy Act of 2012 (Republic Act No. 10173) when issuing COEs. The COE should not disclose personal information beyond what is necessary.
Termination-Related Disputes
Employees dismissed for cause may still request a COE. Employers must issue the document without bias, reflecting only factual information about the duration and nature of employment.
Frequent Requests
Employers may address repeated COE requests by issuing a comprehensive, general-purpose COE to reduce administrative burden.

Examples of Common Disputes

Case 1: Employer Refuses COE Due to Resignation Without Notice

An employer cannot deny a COE solely because an employee failed to provide a resignation notice. DOLE guidelines prioritize the employee's right to obtain the document.

Case 2: COE Includes Negative Comments

A COE should not include derogatory remarks or subjective evaluations. Employees may contest COEs containing such statements through DOLE or the NLRC.

Conclusion

The right to a Certificate of Employment is well-established in Philippine labor law, supported by statutory provisions, regulatory advisories, and judicial precedents. Employees must exercise this right responsibly, while employers are obligated to comply within the bounds of the law. Resolving disputes amicably is always preferable, but the legal system offers clear remedies for cases where conflicts arise.

If you have further concerns or specific questions, do not hesitate to reach out.

Sincerely,
Your Legal Expert