Can You Request a Certificate of Employment After Dismissal? Philippine Rules

1) What a Certificate of Employment (COE) is—and what it is not

A Certificate of Employment (COE) is a written certification from an employer confirming that a person was employed by the company. In Philippine practice, a COE is commonly used for:

  • new job applications and background checks
  • visa applications
  • bank/loan requirements
  • government transactions (e.g., benefits processing, records)

A COE is not the same as:

  • Clearance (a company’s internal process for accountabilities, returns, turn-over, etc.)
  • Recommendation letter (opinion-based endorsement)
  • Service record (more common in government service; private sector uses COE)
  • Certificate of good moral character / good standing (opinion-based and discretionary)

The key distinction: a COE is fact-based (employment facts), while clearance/recommendations are typically discretionary or internal.

2) The core Philippine rule: employers must issue a COE upon request

Philippine labor rules recognize an employee’s right to a COE. The generally accepted rule (from the Labor Code provision on COE, as commonly cited in practice) is:

  • Upon an employee’s request, the employer must issue a COE

  • The COE should state at least:

    • dates (period) of employment, and
    • the work performed / position(s) held
  • The COE must be issued within a short statutory period (commonly treated as three (3) days from request)

Practical takeaway: In the Philippines, a COE is treated as a basic employment document that an employer is expected to release as a matter of right, not as a favor.

3) After dismissal, can you still request a COE?

Yes—dismissal does not erase the right to a COE.

Whether you were separated by:

  • dismissal for just cause (e.g., serious misconduct, willful disobedience, fraud, etc.)
  • authorized cause (e.g., redundancy, retrenchment, closure, disease)
  • end of contract / project completion
  • resignation
  • probationary non-regularization
  • termination during probation
  • mutual separation / compromise
  • constructive dismissal claims pending

…you can still request a COE because it is fundamentally a certification of employment facts. The employment relationship existed, so a COE confirms that fact.

Even if you are contesting your dismissal

If you filed (or plan to file) a labor case (e.g., illegal dismissal), you may still request a COE. Requesting a COE does not necessarily mean you admit the validity of the dismissal. You can phrase your request as “for record purposes” and “without prejudice to any claims.”

4) What must be included in a COE (minimum content)

A legally “safe” COE typically includes:

  • Employee’s full name
  • Company name and address
  • Positions held / nature of work
  • Inclusive dates of employment (start date and end date, or “up to present” if still employed)
  • Employment status (optional, but common: regular/probationary/project-based)
  • Signature of authorized HR/management representative
  • Company letterhead (customary, not always strictly required, but strongly preferred)

Is salary required to be included?

Generally, salary is not required in the basic COE that labor rules typically describe (dates and nature of work). However, many institutions ask for “COE with compensation.” Employers often provide it upon the employee’s request, and in practice it is usually granted, but it’s best treated as a separate document or an expanded COE.

Because compensation details are sensitive personal information, it’s common to:

  • issue COE (basic) as of right, and
  • issue COE with compensation if specifically requested (and aligned with company policy and privacy controls)

5) Can the employer refuse because you were dismissed “for cause” or not “in good standing”?

They should not refuse a COE on that basis.

A COE is not a moral judgment. It is a certification that you worked there, when, and in what capacity.

Can the employer insert “terminated for cause” or the reason for separation?

As a rule of thumb in Philippine practice:

  • A COE does not need to state the reason for separation.
  • Stating the reason can expose both sides to unnecessary dispute (e.g., reputational harm, defamation-type allegations, ongoing case issues).
  • Many employers keep COEs strictly factual: name, dates, position.

If a reason is included, it should be:

  • truthful
  • verifiable
  • stated neutrally
  • limited to what is necessary

If there’s a pending labor case, inserting the employer’s accusation as a “reason” can inflame conflict; a safer approach is to omit it, or use neutral wording (e.g., “employment ended on [date]”).

6) Can the employer require clearance first or withhold the COE due to accountabilities?

In the Philippines, many companies tie document release to clearance processes. But legally and practically:

  • A COE is commonly treated as a basic employment document that should not be unreasonably withheld.
  • Clearance is an internal mechanism; it does not automatically override an employee’s entitlement to employment certification.

Where employers sometimes draw the line:

  • They may refuse to release certain documents that require final computations (e.g., final pay breakdown, some certifications tied to benefits) until clearance is complete.
  • But a basic COE (dates + position) typically does not require clearance to be accurate.

Best practice (and the least legally risky practice): issue the basic COE promptly, and handle accountabilities separately through company policies and lawful collection mechanisms.

7) Timing: how quickly must a COE be issued?

Philippine labor practice commonly treats the COE as due within a short statutory window from request (often cited as 3 days).

Important nuance:

  • “3 days” is typically counted as calendar days unless a rule/policy specifies working days; in practice, employers often treat it as working days operationally.
  • To avoid dispute, request in writing and specify a reasonable deadline (e.g., “within three (3) days from receipt”).

8) Format and delivery: hard copy vs. electronic

A COE is often printed on letterhead with a wet signature, but many employers now issue:

  • digitally signed PDFs
  • scanned signed copies
  • emailed COEs from official HR email accounts

For banks/embassies, check whether they require:

  • original hard copy,
  • HR contact details,
  • company landline,
  • notarization (rare for COE; usually not required unless the requesting institution demands it)

9) How to request a COE after dismissal (step-by-step)

Step 1: Make a clear written request

Send it via:

  • email (preferred: timestamp + paper trail)
  • registered mail/courier
  • HR ticketing systems (if available)

Include:

  • your full name
  • your position(s)
  • your employment dates (if known)
  • the exact COE content you need
  • where to send it (email address / pick-up details)

Step 2: Keep proof of receipt

Save:

  • sent email + delivery/read receipts (if available)
  • courier tracking
  • screenshots of HR ticket submissions

Step 3: Follow up professionally if not released on time

A short follow-up referencing the date of request and the legal obligation is often enough.

10) If the employer refuses or ignores your request: Philippine remedies

If an employer refuses to issue a COE, you generally have practical escalation paths:

A) DOLE assistance / conciliation mechanisms (commonly used first)

You may seek DOLE intervention through its dispute assistance/conciliation channels (often used for labor standards/document release issues). The usual goal is fast compliance without full-blown litigation.

B) File the appropriate labor complaint

Depending on the surrounding issues (final pay, benefits, illegal dismissal, damages), the COE issue may be raised alongside other labor claims before the proper forum (commonly NLRC for termination disputes, DOLE channels for certain labor standards issues). The right forum can depend on what other claims exist.

C) Use the refusal as supporting evidence in related disputes

If you’re already pursuing illegal dismissal or monetary claims, refusal to provide basic documents can support arguments about bad faith or unfair labor practice allegations only if facts support it (not automatic; context matters).

11) Common “COE after dismissal” scenarios

Scenario 1: Dismissed for just cause; employer says “No COE because you’re terminated.”

Rule-of-thumb outcome: You can still request a COE. The COE should confirm employment facts regardless of the cause of termination.

Scenario 2: Employer offers COE only if you sign a quitclaim/waiver

This is risky for employees. In general practice, a COE should not be conditioned on waiving rights. If you are pressured to sign waivers just to get a COE, document the communications and consider DOLE assistance.

Scenario 3: Employer insists the COE must say you were terminated for cause

A basic COE does not normally need that. Many employers omit reasons to avoid disputes. If the employer insists, and you disagree, you may seek DOLE facilitation.

Scenario 4: You need “COE with compensation”

Request it explicitly. If the employer declines to include salary, ask for:

  • basic COE now, and
  • a separate compensation certification (or payslips, employment contract excerpt, or other supporting documents), depending on what the requesting institution accepts.

12) Sample COE request (after dismissal)

Subject: Request for Certificate of Employment

Dear HR/Records Custodian, I respectfully request a Certificate of Employment stating my dates of employment and the position(s) I held with the company.

Details:

  • Name: [Full Name]
  • Position(s): [Position]
  • Inclusive dates: [Start Date] to [End Date]

Please send the signed certificate to [email address] or advise when it will be available for pickup.

Thank you. [Full Name] [Mobile Number]

(Optional, if contesting dismissal: “This request is for documentation purposes and is without prejudice to any claims or remedies.”)

13) Key points to remember

  • Yes, you can request a COE even after dismissal—including dismissal “for cause.”
  • A COE is a factual certification, not a clearance or recommendation.
  • The COE should at least state employment dates and position/nature of work, and is expected to be issued promptly (commonly treated as within 3 days from request).
  • Employers generally should not withhold a basic COE due to clearance issues, nor condition it on waivers.
  • If refused, escalation through DOLE assistance/conciliation is a common practical first step.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.