Letter to a Lawyer:

Dear Attorney,

Good day. I would like to seek your legal advice regarding my friend’s employment issue. He resigned from his company in 2023 and submitted his resignation letter. He diligently completed his one-month rendering period. Trusting his manager to forward his resignation letter to the Human Resources (HR) department, my friend later discovered, one month after his last day of work, that the resignation letter was never submitted by his manager.

Now, he is concerned that the company might have marked him as AWOL (Absent Without Official Leave), despite fulfilling his obligations during the rendering period. He has secured a new job and is being asked to provide a Certificate of Employment (COE). Given this situation, he is unsure whether he will be able to obtain the COE from his previous employer and would like to know what steps he can take if the company refuses to issue one.

Your advice on how to proceed would be greatly appreciated.

Sincerely,
A Concerned Friend

Legal Considerations on Employment Resignation, Rendering of Notice, and Certificate of Employment

In the Philippines, labor laws are designed to safeguard both employees' and employers' rights, particularly when it comes to separation from employment. The issue raised in the concern above involves an employee who rendered the required notice period for resignation but discovered that their resignation letter was not forwarded to HR by their manager. The key questions are whether the employee can be marked as AWOL under such circumstances, and whether the employee is entitled to a Certificate of Employment (COE). Below, I will provide a detailed analysis of these concerns under Philippine labor law.

1. Legal Requirements for Resignation: Submission and Rendering Period

Resignation in the Philippines is governed by Article 300 (formerly Article 285) of the Labor Code. This provision allows an employee to resign voluntarily by submitting a written resignation with a notice period of at least 30 days. The notice period serves to allow the employer sufficient time to find a replacement or make necessary adjustments before the employee officially leaves.

The key requirements for a valid resignation are as follows:

Written Resignation: A formal resignation letter is required, which must be submitted to the employer (usually through the HR department or immediate supervisor). It must specify the employee's intent to resign and the date when the resignation will take effect.
Rendering the 30-Day Notice: The 30-day notice period is mandatory unless waived by the employer. During this time, the employee must continue to perform their duties until their last working day.

In the case presented, the employee complied with the legal obligation to submit a resignation letter and rendered the full 30-day notice period. However, the complication arose from the fact that the manager, who was entrusted with the task of forwarding the letter, failed to do so.

2. Failure of the Manager to Forward the Resignation Letter

A crucial aspect of this situation is the failure of the manager to forward the resignation letter to HR. The question here is whether this failure could lead to the employee being considered AWOL.

In legal terms, the employee should not be held liable for the manager's failure to forward the resignation letter, provided that the employee has evidence that they submitted the resignation letter and completed the 30-day rendering period. This can be supported by:

Emails or written communication showing that the resignation letter was submitted to the manager;
Time records or log sheets confirming that the employee continued working during the rendering period;
Witness testimony from colleagues or supervisors who can verify that the employee completed the 30-day rendering period.

If these pieces of evidence exist, they could demonstrate that the employee acted in good faith and fulfilled their obligations under the law. The manager’s failure to act properly would then be an internal issue within the company and should not prejudice the employee.

3. The Risk of Being Classified as AWOL

Absent Without Official Leave (AWOL) is a serious allegation that can affect an employee’s records and may lead to disciplinary action, including dismissal. An employee is considered AWOL when they fail to report for work without notifying their employer or providing a valid reason for their absence.

In the situation described, the employee could potentially be classified as AWOL if the resignation letter was not submitted to HR, leaving the company to assume that the employee had simply stopped reporting for work after the last day of their rendering period. However, as noted above, the employee has a strong defense if they can provide evidence of their resignation and fulfillment of the 30-day notice period.

4. Entitlement to a Certificate of Employment (COE)

A Certificate of Employment (COE) is a document that confirms an individual’s employment history with a company, including their position, period of employment, and sometimes the reason for separation. Under Department Order No. 174, Series of 2017, employers are obligated to issue a COE upon the request of a former employee, regardless of the reason for separation.

The right to request and obtain a COE is not contingent on how the employment ended. Whether the employee resigned, was terminated, or separated for any other reason, the employer is still required to issue a COE. The COE serves as a neutral document, simply stating the facts of employment without providing any subjective assessments of the employee’s performance or reasons for departure.

In the scenario presented, the employee should be entitled to a COE. Even if the resignation was mishandled due to the manager’s failure to submit the letter, the employee has the right to request and receive this document, provided they can prove their employment and proper resignation process.

5. Steps the Employee Can Take if the Employer Refuses to Issue a COE

If the employer refuses to issue a Certificate of Employment, the employee may consider the following legal remedies:

File a Complaint with the DOLE: The employee can file a complaint with the Department of Labor and Employment (DOLE). Under the Labor Code, it is the duty of the employer to issue the COE upon request. If the employer refuses or fails to comply, DOLE may intervene and compel the employer to issue the document.
Send a Formal Demand Letter: The employee may also consider sending a formal demand letter to the employer, citing the legal obligation to issue the COE under DOLE’s Department Order No. 174. This letter should clearly state the employee’s request for the COE and reference the applicable labor laws.
Seek Legal Assistance: If the employer continues to deny the issuance of the COE, the employee may seek legal representation and pursue the matter through legal channels, such as filing a case for non-compliance with labor laws. This could involve claims for damages if the refusal to issue the COE leads to adverse consequences for the employee, such as the loss of a new job opportunity.

6. Employer’s Obligations and Potential Defenses

While the law clearly states that a COE must be issued upon request, employers may argue that an employee who is considered AWOL or has unresolved issues cannot immediately receive a COE. However, this argument would not hold if the employee can prove they completed the proper resignation process.

Moreover, if the employee is incorrectly classified as AWOL due to internal mishandling of the resignation letter, this would be considered an unjust action on the part of the employer. In such cases, the employer could be held liable for any negative consequences the employee suffers as a result of being incorrectly labeled as AWOL.

7. Conclusion: Protecting Employee Rights

In conclusion, the employee in this case has a strong legal position if they can provide evidence that they submitted their resignation letter and completed the rendering period. The manager’s failure to forward the resignation letter should not prejudice the employee’s rights, particularly in terms of their ability to obtain a Certificate of Employment.

The key steps for the employee are to:

Gather evidence of their resignation and rendering period.
Request the COE from the employer in writing.
File a complaint with DOLE if the employer refuses to issue the COE.

This situation highlights the importance of clear communication and documentation when resigning from a job, as well as the employer's obligation to comply with labor laws regarding the issuance of employment documents.