Quick answer

Yes. You are entitled to a Certificate of Employment (COE) even if you did not give a 30-day resignation notice, were terminated for cause, went on AWOL, or left at the end of a probationary/contract term. A COE is a neutral, fact-based record of your employment; it is not a clearance, a recommendation letter, or a reward for compliance. Employers must issue a COE within three (3) days from your request, regardless of the reason for separation.

Why this is the rule

1) What a COE is—and isn’t

Definition. A COE is a document that simply states (a) your date(s) of employment, and (b) your position(s) (sometimes department and brief nature of work).
Neutral tone required. It must be factual, not evaluative. It should not include disciplinary findings, reasons for separation, or negative remarks.
Separate from clearance and final pay. Clearance procedures (return of company property, exit forms) and the release of last pay are administratively distinct from the issuance of a COE. A company cannot lawfully use the COE as leverage for clearance compliance.

2) Legal bases, in plain language

Labor Code on resignation notice. An employee who resigns without just cause should give the employer at least 30 days’ written notice (Labor Code, Art. 300; old Art. 285). If the employee fails to do so, the employer may claim damages or set-offs consistent with law and policy.
DOLE guidance on COE and final pay. The Department of Labor and Employment (DOLE) has advised that employers must:
- Issue the COE within 3 days from an employee’s request; and
- Release final pay within 30 days from separation, or earlier/later if a lawful, written policy or CBA says so. Crucially, the COE is due “upon request, regardless of the reason for separation.”

Bottom line: The 30-day notice rule affects potential liability to the employer, not your baseline right to a COE.

Common scenarios (and what happens to your COE)

Scenario	Do you get a COE?	Notes
Resigned with 30-day notice	Yes	COE due within 3 days of request.
Resigned without 30-day notice	Yes	Employer may pursue damages or offset proven losses, but cannot withhold the COE.
Terminated for just cause (e.g., serious misconduct)	Yes	COE stays neutral. It should not narrate the offense or decision.
Probationary ended (failed to qualify)	Yes	Same rule; reason for separation should not appear in COE text.
End of fixed-term/agency project	Yes	Neutral dates/positions only.
AWOL	Yes	Employer can still enforce asset returns/claims separately.
Still employed (needs COE for bank/visa)	Yes	A “COE—currently employed” version may be issued stating “present” as end date.

What employers can and cannot do

They may:

Require a written request stating the addressee’s purpose (bank, embassy, prospective employer).
Use a standard COE template limited to neutral facts.
Ask for a reasonable processing window—but no more than 3 working days from request.

They cannot:

Withhold the COE because you: skipped the 30-day notice, have pending clearance, owe company property, or were terminated for cause.
Insert derogatory remarks, reasons for separation, or salary history without your consent (also mindful of Data Privacy Act considerations).
Charge excessive fees or impose conditions unrelated to verifying identity or retrieving archived records.

Practical steps for employees

Request in writing. Email HR:
- Subject: Request for Certificate of Employment
- Content: Your full name, employee number (if any), dates employed (if known), positions held, purpose (e.g., “for bank loan application”), and deadline.
Cite the 3-day rule politely and ask for release by a specific date.
Follow up once if there’s no response within the timeframe.
If still unresolved, escalate to DOLE via the Single-Entry Approach (SEnA) for a quick, free conciliation; bring your request emails and any replies.
Keep the COE unaltered; if a recipient needs salary info or job description, ask HR for a separate document or a COE with compensation (issued with your consent).

Practical steps for employers/HR

Adopt a standard COE SOP: one-page template, issue within 3 working days, countersigned by HR.
Keep it neutral: name, ID, employment dates, position(s), department, brief non-evaluative role line (optional), company contact.
Separate workflows: COE issuance independent from clearance and last pay.
Data privacy check: disclose only what’s needed; get explicit consent for compensation details or third-party verification beyond basics.
Archive requests and releases** for audit readiness and DOLE inspections.

Frequently asked questions

1) Can my employer refuse because I didn’t render 30 days? No. They can pursue lawful claims for any actual loss, but must still issue the COE.

2) Can the COE say I was terminated for cause or went AWOL? No. The COE should be neutral. Reasons for separation belong in internal records, not in the COE.

3) Can they wait until I finish clearance? No. Clearance may affect final pay, not the COE. The COE is due within 3 days from request.

4) Can I demand they email the COE directly to a bank/embassy? You may request it; employers often comply as a courtesy (or provide a sealed copy). There’s no universal legal duty to transmit it to third parties—just to issue it to you timely.

5) What if HR includes salary or negative remarks? You may object in writing, cite the COE’s neutral purpose and the Data Privacy Act principles (data minimization; purpose limitation), and ask for a corrected COE.

6) I’m a project/contract worker via an agency. Who issues the COE? Your employer of record (usually the agency) issues it. The client company may give a separate “engagement/experience letter,” but the COE typically comes from the entity that paid your wages and maintained your 201 file.

7) What if the company closed down? Try the last known HR/admin contact or liquidator. If unreachable, prepare alternate proofs (payslips, SSS/PhilHealth/HDMF contribution printouts, employment contract, IDs). New employers and banks often accept these when a COE is impossible.

Model COE language (neutral)

Certificate of Employment This is to certify that [Full Name] was employed by [Company] from [Start Date] to [End Date] as [Position Title] under the [Department]. This certificate is issued upon the employee’s request for [purpose stated by employee]. Issued on [Date] at [City], Philippines.

[HR Officer’s Name] Human Resources Department [Company Contact Details]

Key takeaways

COE right ≠ 30-day notice. Your right to a COE does not depend on rendering 30 days.
3-day issuance rule. Employers must issue the COE within three (3) days of request, regardless of separation reason.
Keep it neutral. No reasons for separation or negative remarks; include only employment facts.
Separate from clearance/final pay. Clearance affects last pay, not the COE.
Enforcement. If refused or delayed, seek SEnA assistance at DOLE for speedy compliance.

This article provides general information on Philippine labor standards concerning Certificates of Employment. For complex disputes (e.g., large set-offs, defamation in employment records, or cross-border verification), consider consulting a labor law practitioner.