In the Philippine labor landscape, separation from a company can sometimes be turbulent. One of the most contentious issues arises when an employee leaves without a formal resignation—commonly known as being AWOL (Absent Without Official Leave)—and later requests a Certificate of Employment (COE).

Many workers wonder: Can an employer legally put an "AWOL" remark on my COE? What are my rights? ---

1. The Legal Mandate: Is an Employer Required to Issue a COE?

Yes. Under Philippine law, issuing a COE is not a matter of employer discretion; it is a mandatory obligation.

According to Labor Advisory No. 06, Series of 2020 issued by the Department of Labor and Employment (DOLE), an employee—regardless of the nature of their employment or the manner of their separation (whether resigned, terminated, or AWOL)—is entitled to receive a COE.

Timeline: The COE must be released within three (3) days from the time the employee requests it.
Clearance Issues: An employer cannot withhold a COE simply because the employee has not completed their clearance process or still owes a financial liability.

2. What Exactly Belongs in a COE?

The definition and scope of a COE are strictly defined by jurisprudence and DOLE regulations. A Certificate of Employment is meant to be a factual record of the employee’s tenure.

By standard legal definition, a COE should only contain the following objective details:

The date of commencement of employment.
The date of termination of employment.
The type or nature of work performed (job title/roles).

Can the Employer Include "AWOL" or Negative Remarks?

This is where the law protects the employee’s future livelihood. No, an employer generally cannot include derogatory remarks, disciplinary infractions, or the specific negative reason for separation (like "AWOL") on a standard COE.

The Supreme Court and DOLE lean heavily toward the protection of labor. A COE is intended to facilitate an individual's search for future employment. Including words like "AWOL" or "Terminated for Cause" acts as a blackball, severely damaging the worker's chances of securing a new job.

Key Rule: If an employee is terminated due to AWOL, the COE should still only state the start date, end date, and position held. It should not detail the disciplinary drama that led to the exit.

3. The Distinction: COE vs. Clearance vs. Recommendation Letter

To navigate this situation properly, it is crucial to distinguish between three different documents:

Certificate of Employment (COE): A purely factual statement of your time at the company. Negative remarks are not allowed.
Background Investigation (BI) / Clearance: While an employer cannot put "AWOL" on the COE, they can truthfully state that you went AWOL if a future employer conducts a background check or calls HR for verification. Truthful disclosure during a BI is generally protected, provided it lacks malice.
Letter of Recommendation: This is entirely discretionary. An employer is under no obligation to give you a good recommendation if you left them in the lurch.

4. Remedies: What to Do If Your COE Contains "AWOL" Remarks

If your former employer issues a COE that explicitly mentions you went AWOL, or if they refuse to issue a COE altogether, you have clear legal remedies under Philippine law.

Step 1: Demand Letter / Formal Request

Write a formal, polite letter to the HR department or management. Cite DOLE Labor Advisory No. 06, Series of 2020, and request that they issue a clean COE containing only your dates of employment and job title, omitting the disciplinary remarks.

Step 2: File for SEnA (Single Entry Approach)

If the employer refuses to cooperate or ignores your request, you can visit the nearest DOLE regional or provincial office to file a request for SEnA.

SEnA is a 30-day mandatory conciliation-mediation process designed to provide a speedy, impartial, and inexpensive settlement of labor issues.
A DOLE mediator will sit down with you and your former employer to direct them to comply with labor standards, which includes issuing a standard, clean COE.

Summary of Employee Rights

Right to Receive: You have an absolute right to a COE, even if you went AWOL.
Right to Clean Data: Your COE should only reflect your dates of employment and position. It should not serve as a disciplinary record.
Right to Swift Issuance: It must be given to you within 3 days of your request.
Clearance is Separate: The employer can withhold your final pay or clearance until liabilities are settled, but they cannot withhold your COE.