An employer in the Philippines generally cannot refuse to issue a Certificate of Employment (COE) once an employee or former employee requests it. Under DOLE Labor Advisory No. 06, Series of 2020, the employer must release the COE within three days from the employee’s request. This applies whether you resigned, were terminated, finished a contract, or are still currently employed.

What Is a Certificate of Employment?

A Certificate of Employment is a document from your employer confirming basic facts about your employment, usually:

Your full name
Your position or job title
Your employment start date
Your last day, if already separated
The type of work you performed

A COE is often needed for:

A new job application
Visa processing
Bank loans
Credit card applications
Rental applications
School or scholarship requirements
Immigration or foreign employment documentation

A COE is not the same as a clearance, not the same as final pay, and not automatically a recommendation letter.

Legal Basis: Employers Must Issue a COE Upon Request

The main rule comes from DOLE Labor Advisory No. 06, Series of 2020, which states that a Certificate of Employment must be issued by the employer upon request by the employee.

The advisory defines a COE as a certificate specifying:

The dates of the employee’s engagement;
The termination date, if employment has ended; and
The type or types of work performed.

The same advisory states that the employer must issue the COE within three days from the time of request.

DOLE also publicly reminds employers that final pay and COE must be released on time.

Can the Employer Refuse Because You Have No Clearance?

Usually, no.

A common problem is when HR says:

“We cannot release your COE until you complete clearance.”

That may be company practice, but it does not override the DOLE rule. A COE simply certifies employment facts. It is not a reward for completing clearance.

The employer may separately process:

Item	Purpose	Usual Timeline
COE	Confirms employment facts	Within 3 days from request
Clearance	Checks company property, accountabilities, turnover	Depends on company process
Final pay	Last salary, prorated 13th month, unused leave conversion if applicable, other due amounts	Generally within 30 days from separation unless a more favorable policy applies

If you still have a laptop, cash advance, ID, tools, or other accountabilities, the employer may pursue proper clearance or deductions allowed by law and company policy. But that is different from refusing to confirm that you worked there.

Can the Employer Refuse Because You Were Terminated?

No, not simply because you were terminated.

Even if you were dismissed for just cause, such as misconduct, neglect of duty, fraud, or serious violation of company rules, the employer should still issue a COE stating factual employment information.

However, the employer is not required to write that you had “good moral character,” “excellent performance,” or that you are “highly recommended.”

A proper COE should be neutral and factual.

Can the Employer Put Negative Remarks in the COE?

The COE should generally contain objective employment details. It should not be used to shame, punish, or blacklist an employee.

For example, these are usually proper:

“Mr. Santos was employed as Accounting Assistant from June 1, 2022 to May 31, 2025.”
“Ms. Reyes is currently employed as Sales Supervisor.”
“His duties included inventory monitoring, branch reporting, and customer coordination.”

These may be problematic if unnecessary, misleading, or punitive:

“Terminated due to dishonesty”
“Not eligible for rehire”
“Abandoned work”
“Poor performer”
“Has pending company liability”

If the document contains damaging statements, the employee may request correction. Depending on the facts, improper statements may raise issues under labor law, civil law, or data privacy rules.

What If You Are Still Employed?

A current employee may request a COE. The DOLE advisory expressly recognizes that a COE may be requested even if employment has not yet ended.

Common reasons include:

Loan application
Visa application
Embassy requirement
Rental application
School enrollment of a child
Government transaction
Proof of income or employment

The employer may indicate that you are “currently employed” and may include your position, start date, and compensation if requested or required.

How to Request a COE Properly

Follow a simple paper trail. This helps if you later need to file a DOLE request.

Send a written request. Email HR, your manager, or the company’s official HR address.
State the exact document you need. Use “Certificate of Employment” and specify if you need salary included.
Mention the purpose, if helpful. Some employers issue different formats for visa, loan, or employment purposes.
Ask for release within three days. You do not need to sound hostile. Just be clear.
Save proof of sending. Keep screenshots, email copies, HR ticket numbers, or receiving copies.

Sample COE Request Email

Subject: Request for Certificate of Employment

Dear HR Team,

I would like to request a Certificate of Employment stating my position, employment dates, and type of work performed.

This is needed for my personal records / job application / visa application.

May I respectfully request its release within three days from this request, in accordance with DOLE guidelines.

Thank you.

Sincerely,  
[Your Name]  
[Employee ID, if any]  
[Contact Number]

What to Do If the Employer Still Refuses

If HR ignores you or refuses without valid reason, you can escalate gradually.

1. Follow Up in Writing

Send a polite follow-up after three days.

Include:

Date of original request
Name of HR/person contacted
Copy of the earlier email
Specific request for release date

2. Ask for the Reason in Writing

If the employer says “pending clearance,” “company policy,” or “management approval,” ask them to put the reason in writing.

This often helps because many refusals are informal and not legally defensible.

3. File a Request for Assistance Through DOLE SEnA

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

SEnA is DOLE’s conciliation-mediation process for labor issues. It is designed to be accessible, inexpensive, and faster than a full labor case.

You may file through the DOLE Assistance for Request Management System.

Under the SEnA process, an aggrieved worker may file a Request for Assistance. DOLE’s system accepts requests from workers, groups of workers, kasambahays, OFWs, unions, and employers.

What Documents Should You Prepare?

Document	Why It Helps
Valid ID	Proves your identity
Employment contract or appointment letter	Shows employment relationship
Payslips, company ID, emails, or SSS/PhilHealth records	Helpful if employer denies employment
Resignation letter or termination notice	Shows separation details
Email or written COE request	Proves the date of request
HR replies or screenshots	Shows refusal, delay, or conditions imposed
Clearance documents, if available	Useful if employer claims pending clearance

You do not need to have every document before asking for help, but written proof makes the process smoother.

Where Do You File?

For most private-sector employees, file with the DOLE office that has jurisdiction over the workplace.

You may use:

The DOLE Regional Office
DOLE Provincial or Field Office
DOLE online SEnA/ARMS portal
In some cases, the NLRC or NCMB SEnA desk, depending on the dispute

If your workplace was in Makati, file with the DOLE office covering that area. If you worked remotely, use the office connected to the employer’s registered workplace or principal office.

Common Real-Life Scenarios

“HR says I need to pay a bond first.”

If there is a valid training bond or employment bond, that is a separate issue. The employer may pursue lawful claims, but it should not automatically block issuance of a factual COE.

“I went AWOL. Can I still request a COE?”

Yes. Even if the employer believes you abandoned work, the COE should still confirm the factual period and nature of your employment. The employer does not have to issue a recommendation.

“The company closed already.”

Try contacting the owner, HR officer, corporate secretary, or former management. If unavailable, gather alternative proof such as payslips, SSS employment history, BIR Form 2316, company ID, or employment contract.

“I need the COE for an embassy.”

Ask whether the embassy requires salary, duties, company address, HR contact details, wet signature, company letterhead, or notarization. Some foreign offices are strict about format.

“I am abroad and need my Philippine COE.”

Email HR and request a scanned copy first. If the foreign agency requires an original, ask whether it can be sent by courier. If authentication is needed for use abroad, check whether the receiving country requires notarization, DFA apostille, or other certification.

“My employer is a foreign company operating in the Philippines.”

If you were employed in the Philippines by a Philippine entity or local branch, Philippine labor rules may apply. If the employer has no Philippine presence and you worked as an independent contractor, the issue may become more contractual than labor-related.

Frequently Asked Questions

Can an employer legally refuse to give a Certificate of Employment in the Philippines?

Generally, no. Once an employee or former employee requests a COE, the employer must issue it within three days under DOLE Labor Advisory No. 06, Series of 2020.

Is clearance required before getting a COE?

Clearance may be required for final pay or return of company property, but it should not be used as a blanket reason to refuse a COE. A COE is only a factual certification of employment.

Can I request a COE while still employed?

Yes. Current employees may request a COE, especially for bank, visa, school, rental, or personal documentation purposes.

How many days should it take to release a COE?

The employer should release the COE within three days from the employee’s request.

Can the employer charge a fee for a COE?

Ordinarily, employers do not charge for a basic COE. If there are special notarization, courier, or authentication expenses, clarify the amount and purpose in writing.

Can my employer include my salary in the COE?

Yes, if you request it or if the requesting institution requires it. Some employers issue a basic COE first and a separate compensation certificate if salary details are needed.

What if HR ignores my request?

Follow up in writing. If there is still no action, you may file a Request for Assistance through DOLE SEnA or the DOLE office covering your workplace.

Can a COE say I was terminated?

A COE should be factual. It may state employment dates and position. Negative or unnecessary details may be questioned, especially if they are misleading, punitive, or not relevant to the purpose of the certificate.

Is a COE the same as a recommendation letter?

No. A COE confirms employment facts. A recommendation letter gives an opinion about your performance, character, or suitability for another job.

Can freelancers or independent contractors demand a COE?

A true independent contractor is not always treated as an employee. However, the contractor may request a certificate of engagement, service certificate, or contract completion certificate. If the “contractor” was actually controlled like an employee, the relationship may need closer labor-law review.

Key Takeaways

An employer in the Philippines generally cannot refuse to issue a COE after an employee requests it.
The COE must be issued within three days from request under DOLE Labor Advisory No. 06, Series of 2020.
Clearance, pending final pay, resignation issues, or termination should not automatically block a factual COE.
A COE is different from a recommendation letter and does not need to praise the employee.
Keep written proof of your request.
If the employer refuses or delays, you may file a Request for Assistance through DOLE SEnA.