In general, no. A private-sector employer in the Philippines cannot simply refuse to issue a basic Certificate of Employment (COE) after an employee requests one. Under Department of Labor and Employment rules, the employer must issue the COE within three days from the request. This right applies not only to resigned or dismissed workers but also to employees who are still working for the company. The employer may keep the certificate factual and limited, but pending clearance, poor performance, abandonment, dismissal for cause, or an unresolved company accountability is not stated in the law as a reason to withhold the basic COE.

What Philippine Law Says About Certificates of Employment

The main rule is found in DOLE Labor Advisory No. 06, Series of 2020, entitled Guidelines on the Payment of Final Pay and Issuance of Certificate of Employment.

The advisory states:

The employer shall issue a certificate of employment within three days from the time of the request by the employee.

It defines a Certificate of Employment as a certificate from the employer specifying:

The date the employee’s employment began;
The date the employment ended, if already terminated; and
The type or types of work performed by the employee.

The advisory expressly says that an employee whose employment has not yet ended may also request a COE. In other words, an employee does not have to resign first before asking for proof of employment.

The advisory was issued pursuant to Articles 4, 103, 116, and 118 of the Labor Code and Section 10, Rule XIV, Book V of the Omnibus Rules Implementing the Labor Code. Section 10 provides that a dismissed worker is entitled, upon request, to a certificate stating the dates of engagement and termination and the type of work performed. The 2020 advisory applies the right more clearly and broadly, including to current employees. (Lawphil)

DOLE continued to publicly remind employers in 2026 that COEs must be released within three days after the employee asks for one, confirming that the rule remains part of current labor standards enforcement. (Department of Labor and Employment)

What Must Be Included in a Certificate of Employment?

The legally required COE is relatively simple. At a minimum, it should contain accurate information about:

Information	Required in a basic COE?
Employee’s name	Yes
Date employment started	Yes
Date employment ended	Yes, if already separated
Type of work, position, or positions held	Yes
Current employment status	Appropriate if still employed
Salary or compensation	Not expressly required
Reason for resignation or dismissal	Not expressly required
Performance rating	Not required
Clearance status	Not required
Statement of good moral character	Not required
Recommendation for future employment	Not required

An employer therefore cannot refuse to issue the entire COE merely because it does not want to provide a recommendation. It may issue a neutral certificate containing only the objective details required by law.

Similarly, an employee cannot ordinarily compel an employer to include praise, a performance assessment, a “good standing” statement, or a salary figure that is not part of the basic statutory information. The employer also has no duty to sign a draft containing inaccurate job titles, inflated responsibilities, or incorrect dates.

Is salary required to appear in the COE?

No. Salary is not part of the minimum contents identified in Labor Advisory No. 06-20. However, an employee may request a COE “with compensation” when it is needed for:

A visa application;
A housing or car loan;
A credit card application;
Immigration sponsorship;
A rental application; or
Overseas employment requirements.

The employer may accommodate the request under its internal policy. If it declines to include salary, the employee may use other proof such as payslips, an employment contract, a salary adjustment notice, or BIR Form 2316.

Can an Employer Withhold the COE Until Clearance Is Completed?

An employer should not make completion of clearance a condition for releasing the basic COE.

Labor Advisory No. 06-20 treats the issuance of a COE and the payment of final pay as separate obligations. The COE must be issued within three days of the request, while final pay is generally due within 30 days from separation unless a more favorable company policy or agreement applies. Nothing in the advisory says that the three-day COE period begins only after the employee completes clearance.

This means an employer may separately require the employee to:

Return a laptop, phone, uniform, keys, tools, records, or company ID;
Liquidate cash advances;
Complete a turnover;
Settle documented accountabilities;
Sign appropriate clearance forms; or
Address an alleged violation of company policy.

However, those matters do not erase the employee’s employment history. The employer can issue a basic, neutral COE while handling legitimate property or financial claims through the proper process.

The COE also does not have to state that the employee is “cleared.” A company may issue the certificate without making any representation about outstanding accountabilities.

Other Reasons Employers Commonly Give for Refusing a COE

“You were AWOL or abandoned your job”

Being absent without official leave, commonly called AWOL, does not change the fact that the person was employed. Even if the company considers the employee to have abandoned the job, it may state the actual employment dates and type of work without endorsing the employee or discussing the dispute.

The company may pursue a valid disciplinary or termination process separately. It should not use the COE as leverage to force the former employee to sign a document, waive a claim, or admit abandonment.

“You were terminated for misconduct”

A worker dismissed for a just cause is still entitled to factual proof of employment. The right to a basic COE does not depend on whether the employee left voluntarily, was retrenched, completed a contract, failed probation, or was dismissed for an alleged offense.

The employer is not required to say that the worker was in good standing. It can simply certify the dates and position or work performed.

“You did not render the full 30-day resignation notice”

An employee’s possible liability for failing to comply with a contractual or statutory notice obligation is separate from the duty to issue the COE. The employer may raise any valid claim through the appropriate process, but withholding the basic COE is not the remedy stated in Labor Advisory No. 06-20.

“Your final pay is still being processed”

The timelines are different. The COE is due within three days of the request. Final pay is generally due within 30 days from separation, subject to a more favorable policy or agreement. The employer should not delay the COE simply because payroll has not completed the final-pay computation.

“Company policy says COEs are released only after 30 days”

An internal policy cannot be used to reduce a labor standard. A company may adopt a faster or more favorable process, but it should not rely on a slower internal timetable that conflicts with the three-day DOLE rule.

“You have a pending labor case against the company”

Filing a complaint does not cancel the worker’s right to employment records. In fact, the COE may be relevant to the dispute. The employer should issue an accurate, neutral certificate and address the pending case in the proper forum.

When an Employer May Legitimately Decline Part of the Request

Although an employer generally cannot refuse the basic COE, it may have legitimate grounds to reject or modify certain aspects of a request.

For example, the employer may:

Refuse to certify an incorrect position, salary, or employment period;
Decline to provide a character reference or recommendation;
Refuse to state that the employee was “regular” if employment status is genuinely disputed;
Require reasonable proof of identity before releasing personal employment records;
Require written authorization before releasing the COE to a recruiter, relative, or other third party;
Decline to use a template containing statements it cannot verify; or
Correct a request that identifies the wrong corporate employer.

The proper response is usually to issue an accurate basic COE—not to withhold all proof of employment.

How to Request a Certificate of Employment

1. Make the request in writing

A verbal request may be legally sufficient, but a written request is much easier to prove. Send it through:

Company email;
The HR ticketing system;
Registered mail or courier;
A written letter received and stamped by HR; or
Another official company communication channel.

The advisory does not prescribe a special form. The important point is to show when the employer received the request.

Include:

Your full name and employee number;
Position or department;
Employment dates, if known;
The date of separation, if applicable;
The type of COE needed;
The purpose, if relevant;
Your preferred delivery method; and
The date of the request.

A practical request may read:

Subject: Request for Certificate of Employment

I am requesting the issuance of my Certificate of Employment under DOLE Labor Advisory No. 06, Series of 2020. Please state my employment dates and the position or type of work I performed.

My details are:

Name: Employee number: Position/department: Date hired: Last working day, if applicable:

Please send the certificate to this email address or advise me when it is ready for collection. Thank you.

When a salary-inclusive COE is needed, add the exact requirement:

Please include my current or last monthly compensation because the document will be submitted for a visa, loan, or immigration application.

2. Keep proof that the request was received

Save:

Sent emails and delivery confirmations;
Screenshots from an HR portal;
Courier tracking records;
A receiving copy of the letter;
Text messages acknowledging the request; and
Any reply giving a release date or imposing conditions.

The three-day period runs from the time of the employee’s request. Labor Advisory No. 06-20 uses the word “days” without adding “working days.” Employers should therefore not assume that an internal business-day policy automatically extends the period. As a practical matter, employees with a strict visa or hiring deadline should submit the request early, especially before weekends and holidays.

3. Send a formal follow-up after the deadline

If the company does not respond, send a concise follow-up stating:

The original request date;
The date it was received;
The three-day DOLE requirement;
The purpose and urgency of the COE; and
A reasonable deadline for immediate release.

Avoid emotional accusations. A clear documentary record is more useful if the dispute reaches DOLE.

4. File a Request for Assistance through SEnA

If the employer still refuses or ignores the request, the employee may file a Request for Assistance under the Single Entry Approach, or SEnA.

SEnA is a mandatory conciliation-mediation process intended to resolve labor disputes before they become full formal cases. It was institutionalized by Republic Act No. 10396 and is currently implemented under DOLE Department Order No. 249, Series of 2025. The process generally runs for up to 30 days. (Lawphil)

An RFA may be filed:

Online through the DOLE Assistance for Request Management System;
At a DOLE Regional, Provincial, or Field Office;
At an office of the National Conciliation and Mediation Board; or
At an NLRC Regional Arbitration Branch with a Single Entry Assistance Desk.

Current DOLE guidance allows individual workers, groups of workers, kasambahays, overseas workers, unions, and employers to use the system. (DOLE ARMS)

5. Attend the conciliation conference

A Single Entry Assistance Desk Officer will ordinarily contact the parties and schedule a conference. The officer does not immediately decide who wins. The initial goal is to confirm the facts and help the parties reach a settlement.

For a COE dispute, the requested settlement may simply require the employer to:

Issue the COE by a specific date;
Correct inaccurate dates or positions;
Email a signed electronic copy;
Release the original to the employee or an authorized representative; and
Separately process final pay or other employment documents.

If the employer agrees, make sure the settlement identifies the exact content and release date.

6. Ask for referral or enforcement if the dispute remains unresolved

Labor Advisory No. 06-20 states that COE disputes may be brought to the DOLE office with jurisdiction over the workplace for conciliation and possible action under DOLE’s enforcement mechanisms. If SEnA does not resolve the matter, the next procedure depends on the full dispute—for example, whether it also involves unpaid wages, illegal dismissal, damages, or another labor standards violation.

Documents to Prepare for a DOLE Request

Bring or upload clear copies of as many of the following as are available:

Document	Why it is useful
Government-issued ID	Confirms the requesting employee’s identity
Employment contract or offer letter	Shows the employer, position, and start date
Payslips or payroll records	Supports proof of employment
Company ID	Connects the worker to the establishment
Resignation letter	Shows the separation date and notice
Termination or end-of-contract notice	Shows how and when employment ended
BIR Form 2316	Supports employment and compensation history
SSS, Pag-IBIG, or PhilHealth records	May help establish the employment relationship
Original COE request	Proves the request was made
Email acknowledgment or receiving copy	Helps establish when the three-day period began
Follow-up or refusal from HR	Shows the dispute and the employer’s stated reason
Job offer, visa checklist, or deadline notice	Demonstrates urgency and possible prejudice
Employer’s current address and contact details	Helps DOLE notify the responding party

An employee filing personally ordinarily does not need to notarize the COE request. DOLE’s ARMS guidance allows an immediate family member to file in case of the worker’s absence or incapacity when supported by a Special Power of Attorney. (DOLE ARMS)

Special Situations

Current employees

A current employee may request a COE. The employer may state that the person “has been employed since” a particular date and “is currently employed as” a stated position.

The employee does not have to disclose that the COE will be used to look for another job. A general statement such as “for whatever lawful purpose it may serve” is commonly used, although it is not legally required.

Probationary, project-based, seasonal, or fixed-term employees

The right is not limited to regular employees. A COE should accurately describe the actual employment dates and work performed. The employer may identify the position as probationary, project-based, seasonal, or fixed-term when that description is accurate.

A COE does not, by itself, conclusively decide whether the company correctly classified the employee. Employment status may still be disputed in a labor case.

Agency workers and contractors

A worker supplied by a manpower or service contractor should normally request the COE from the legal employer that hired the worker, maintained the employment records, and paid the wages. The client company may voluntarily issue a site assignment or service verification, but that is different from the COE issued by the employer.

The employee should check the contract, payslips, BIR Form 2316, and government contribution records to identify the correct employer.

Freelancers and independent contractors

A genuine freelancer or independent contractor may not have the statutory COE right that arises from an employer-employee relationship. The person may instead request a:

Certificate of engagement;
Certificate of services rendered;
Client reference;
Copy of the service contract; or
Statement of account and payment history.

Merely being called a “freelancer” does not automatically settle the issue. When the company controls how, when, and where the work is performed and otherwise treats the person as an employee, the true relationship may be examined by DOLE or the labor tribunals.

The company has closed or HR no longer exists

Send the request to all available official contacts, including:

The company’s registered or last known office;
Corporate officers;
The owner, for a sole proprietorship;
The company’s external HR or payroll provider; and
Any active business email address.

If no one responds, file an RFA and provide the employer’s last known address. Meanwhile, gather substitute evidence such as contracts, payslips, BIR Form 2316, SSS records, company IDs, emails, and bank payroll credits.

These documents may help prove employment, but they are not necessarily a complete substitute when a prospective employer, embassy, or bank specifically requires a signed COE.

Kasambahays or domestic workers

Domestic workers have a specific statutory right under Section 35 of Republic Act No. 10361, or the Batas Kasambahay. Upon severance of the employment relationship, the household employer must issue the kasambahay a certificate of employment within five days from the request. The certificate should state the nature and duration of the service and the employee’s work performance. (Lawphil)

A kasambahay may also use DOLE’s SEnA process. The online ARMS system expressly includes kasambahays among those who may file an RFA. (DOLE ARMS)

Government employees

Employees of national government agencies, local government units, and government offices generally request employment certifications from their agency’s Human Resources or records office under civil service and agency procedures. A dispute involving government personnel records is not ordinarily handled in the same way as a private-sector COE dispute under DOLE.

Foreign employees working in the Philippines

A foreign national who is genuinely employed by a Philippine private-sector employer generally has the same right to a factual COE. Nationality is not listed as an exception in Labor Advisory No. 06-20.

When the COE will be used overseas, the employee should first ask the foreign employer, embassy, immigration office, or licensing authority whether it requires:

The original signed COE;
Direct verification by company email;
Notarization;
A certified copy;
A DFA Apostille; or
Consular legalization.

A private COE may need notarization or another certification step before it can be apostilled. Requirements depend on the document and destination country. DFA currently requires online appointments for physical Apostille processing at DFA Aseana and participating consular offices. Its appointment guidance also lists additional identification and authorization requirements for representatives and foreign nationals processing employment-related documents. (DFA Appointment System)

An Apostille is not normally necessary just to submit a COE to another Philippine employer. It is relevant only when the receiving institution or foreign jurisdiction requires authenticated documents.

Certificate of Employment Versus Other Exit Documents

Employees often use the term “COE” for several different records. They are not interchangeable.

Document	Main purpose
Certificate of Employment	Proves employment dates and work performed
Clearance certificate	Shows completion of company turnover or accountability procedures
Final-pay computation	Lists wages and benefits payable after separation
BIR Form 2316	Reports compensation and taxes withheld
Service record	Provides a more detailed history of positions or assignments
Certificate of involuntary separation	May be needed for SSS unemployment benefits
Recommendation letter	Gives a subjective assessment or endorsement
Release, waiver, and quitclaim	Records settlement or waiver of specified claims

An employer should not force an employee to sign a broad quitclaim merely to receive the basic COE. The certificate records an objective fact—the employment relationship—and should not be treated as consideration for surrendering labor claims.

Frequently Asked Questions

Can my employer refuse to give me a COE because I was AWOL?

Generally, no. AWOL or alleged abandonment may be handled through the employer’s disciplinary process, but the employer should still certify the actual dates of employment and type of work performed.

Can a company refuse a COE if I was terminated?

No. The original implementing rule expressly recognized the right of a dismissed worker to request an employment certificate. The employer may issue a neutral COE without stating that the employee was in good standing. (Lawphil)

Can the company wait until I finish my clearance?

The basic COE should not be withheld solely because clearance is incomplete. Labor Advisory No. 06-20 provides a three-day COE period without making clearance a condition. Property, money, or turnover issues may be addressed separately.

How many days does an employer have to issue the COE?

For employees covered by the general DOLE rule, the employer must issue it within three days from the request. For a kasambahay requesting a certificate after the employment relationship ends, Republic Act No. 10361 expressly provides a five-day period.

Can I ask for a COE while still employed?

Yes. Labor Advisory No. 06-20 expressly allows an employee whose employment has not yet ended to request one.

Is the employer required to put my salary in the COE?

No. Salary is not part of the minimum information required by the advisory. You may request a COE with compensation, but the employer may follow its policy regarding additional information.

Can the employer include the reason for my termination?

The reason for separation is not one of the minimum required contents of a basic COE. An employee may request a neutral certificate limited to employment dates and work performed. Any inaccurate or unnecessarily prejudicial statement should be challenged promptly in writing.

Can the employer charge me for a COE?

Labor Advisory No. 06-20 does not establish a fee for exercising the right to request a COE. An employer should not impose conditions or charges that effectively defeat the employee’s ability to obtain the certificate.

What if the employer ignores my request?

Send a documented follow-up, then file a Request for Assistance through DOLE ARMS or the nearest DOLE Regional, Provincial, or Field Office. Attach proof of employment and proof that the request was received.

Is a COE the same as BIR Form 2316?

No. A COE proves employment dates and the work performed. BIR Form 2316 reports compensation and taxes withheld. A new employer, bank, or embassy may require one or both documents.

Key Takeaways

A private-sector employer generally cannot refuse to issue a basic Certificate of Employment after an employee requests it.
Under DOLE Labor Advisory No. 06-20, the COE must be issued within three days from the request.
Current employees, resigned employees, and dismissed employees may request a COE.
A basic COE must state the employment dates and the type or types of work performed.
Salary, performance ratings, recommendations, clearance status, and the reason for separation are not mandatory contents of an ordinary COE.
Pending clearance, AWOL, dismissal for cause, unreturned property, or delayed final pay should be handled separately and should not be used to withhold the basic certificate.
Kasambahays have a specific right under Republic Act No. 10361 to receive an employment certificate within five days from request after separation.
An employee should make the request in writing, preserve proof of receipt, and file a SEnA Request for Assistance with DOLE if the employer continues to refuse.